Federal Register Vol. 80, No.234,

Federal Register Volume 80, Issue 234 (December 7, 2015)

Page Range75921-76200
FR Document

80_FR_234
Current View
Page and SubjectPDF
80 FR 76199 - International Day of Persons With Disabilities, 2015PDF
80 FR 76197 - Helsinki Human Rights Day, 2015PDF
80 FR 76193 - Delegation of Reporting Functions Specified in Section 941 of the Fiscal Year 2014 National Defense Authorization ActPDF
80 FR 75921 - Presidential Determination Pursuant to Section 1245(d)(4)(B) and (C) of the National Defense Authorization Act for Fiscal Year 2012PDF
80 FR 76021 - Sunshine Act MeetingPDF
80 FR 76051 - National Science Board; Sunshine Act Meetings; NoticePDF
80 FR 75965 - Sunshine Act Meeting NoticePDF
80 FR 76001 - Sunshine Act NoticePDF
80 FR 76020 - Wireless Telecommunications Bureau Releases Impairment File Formats for Forward AuctionPDF
80 FR 75956 - Genetic Information Nondiscrimination Act of 2008PDF
80 FR 76031 - Sovereignty in Indian EducationPDF
80 FR 76033 - Notice of Intent To Prepare a Programmatic Environmental Impact Statement for the Proposed Integrated Resource Management Plan for the Nez Perce Reservation in North Central IdahoPDF
80 FR 76059 - Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler)PDF
80 FR 76064 - Parts and Accessories Necessary for Safe Operation; Denial of an Exemption Application From Atwood Forest Products, Inc.PDF
80 FR 76062 - Parts and Accessories Necessary for Safe Operation; Denial of an Exemption Application From the Entertainer Motorcoach CouncilPDF
80 FR 76016 - Agency Information Collection Activities: Comment RequestPDF
80 FR 76061 - Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Bendix Commercial Vehicles Systems LLCPDF
80 FR 76015 - Proposed Information Collection Request; Comment Request; Consolidated Superfund Information Collection Request (Renewal)PDF
80 FR 75948 - Environmental Protection Agency Acquisition Regulation (EPAAR); Ratification of Unauthorized CommitmentsPDF
80 FR 76029 - Notice of Proposed Information Collection for: Information Resource Center Customer Satisfaction SurveyPDF
80 FR 76028 - 30-Day Notice of Proposed Information Collection: Mortgagee's Certification of Fees and Escrow and Security Bond Against DefectsPDF
80 FR 76029 - 30-Day Notice of Proposed Information Collection: Mark-to-Market Program: Requirements for Community-Based Non-Profit Organizations and Public AgenciesPDF
80 FR 75971 - Certain Magnesia Carbon Bricks From the People's Republic of China: Final Results of Expedited First Sunset Review of the Countervailing Duty OrderPDF
80 FR 75968 - Seamless Refined Copper Pipe and Tube From the People's Republic of China: Preliminary Results and Partial Rescission of Administrative Review; 2013-2014PDF
80 FR 75972 - Fresh Garlic From the People's Republic of China: Preliminary Results, Preliminary Intent To Rescind, and Partial Rescission of the 20th Antidumping Duty Administrative Review; 2013-2014PDF
80 FR 75967 - Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China: Final Results of Expedited Sunset Review of the Countervailing Duty OrderPDF
80 FR 75966 - Certain Cut-to-Length Carbon Steel Plate From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014PDF
80 FR 76020 - Notice of Termination; 10069 Neighborhood Community Bank, Newnan, GeorgiaPDF
80 FR 75957 - Effectiveness of Licensing Procedures for Exportation of Agricultural Commodities, Medicine, and Medical Devices to Sudan and Iran; Comment RequestPDF
80 FR 76047 - Quality Auditing Institute, Ltd.: Application for Expansion of Recognition and Modification to the List of Appropriate NRTL Program Test StandardsPDF
80 FR 76049 - Curtis-Strauss LLC: Grant of Expansion of RecognitionPDF
80 FR 76044 - Canadian Standards Association: Grant of Expansion of RecognitionPDF
80 FR 76045 - TUV SUD America Inc.: Application for Expansion of RecognitionPDF
80 FR 76017 - Notice of Meeting Schedule for 2016PDF
80 FR 76017 - Notice of Request for CandidatesPDF
80 FR 75999 - Agency Information Collection Activities: Comment RequestPDF
80 FR 75956 - Dividend Equivalents From Sources Within the United States; CorrectionPDF
80 FR 75946 - Dividend Equivalents From Sources Within the United States; CorrectionPDF
80 FR 75947 - West Arm Behm Canal, Naval Surface Warfare Center, Ketchikan, Alaska; Restricted AreasPDF
80 FR 76057 - 30-Day Notice of Proposed Information Collection: Iraqi Citizens and Nationals Employed by Federal Contractors and GranteesPDF
80 FR 76057 - Notice of Public MeetingPDF
80 FR 76051 - OMB Approval of Information Collections; Duties of Plan Sponsor Following Mass Withdrawal, Notice of Insolvency; Termination of Multiemployer PlansPDF
80 FR 76022 - Moving Forward: Collaborative Approaches to Medical Device Cybersecurity; Public Workshop; Request for CommentsPDF
80 FR 76051 - OMB Approval of Information Collections; Reportable Events; Notice of Failure To Make Required ContributionsPDF
80 FR 75975 - Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification WorkshopsPDF
80 FR 76066 - CSX Transportation, Inc.-Abandonment Exemption-in Grant County, W. Va.PDF
80 FR 76000 - Gulf Regional Airspace Strategic Initiative, Landscape Initiative Eglin Air Force Base, FloridaPDF
80 FR 76000 - Notice To Extend Public Comment Period for the Revised Draft Environmental Impact Statement for Divert Activities and Exercises, Commonwealth of The Northern Mariana IslandsPDF
80 FR 75999 - Request for Public Comment on a Commercial Availability Request Under the U.S.-Morocco Free Trade AgreementPDF
80 FR 76043 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-American Society of Mechanical EngineersPDF
80 FR 75953 - Nondiscrimination on the Basis of Disability in Air Travel; Consideration of Negotiated Rulemaking ProcessPDF
80 FR 76043 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-ODVA, Inc.PDF
80 FR 76020 - Notice of Termination; 10489, The Community's Bank Bridgeport, ConnecticutPDF
80 FR 75997 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries ResearchPDF
80 FR 76043 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Federal Firearms Licensee Firearms Inventory Theft/Loss ReportPDF
80 FR 75966 - Advisory Committee on Supply Chain Competitiveness Charter RenewalPDF
80 FR 75998 - Request for Public Comment on a Commercial Availability Request Under the U.S.-Morocco Free Trade AgreementPDF
80 FR 76042 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-National Spectrum ConsortiumPDF
80 FR 76026 - Prospective Grant of Start-Up Exclusive Evaluation Option License Agreement: Development and Commercialization of Aza-Epoxy Guaiane Derivatives for Treatment of Renal CancerPDF
80 FR 76027 - National Institute on Aging; Notice of MeetingPDF
80 FR 76027 - National Institute of Biomedical Imaging and Bioengineering; Notice of MeetingPDF
80 FR 76025 - Meeting of the Advisory Group on Prevention, Health Promotion, and Integrative and Public HealthPDF
80 FR 76010 - Combined Notice of FilingsPDF
80 FR 76055 - Proposed Collection; Comment RequestPDF
80 FR 75978 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Bravo Wharf Recapitalization ProjectPDF
80 FR 76020 - Notice to All Interested Parties of the Termination of the Receivership of 10294, North County Bank, Arlington, WashingtonPDF
80 FR 76001 - Submission for OMB Review; Comment RequestPDF
80 FR 76021 - Proposed Information Collection Activity; Comment RequestPDF
80 FR 76010 - Holtwood, LLC and BIF III Holtwood LLC; Notice of Application for Transfer of Licenses and Soliciting Comments, Motions To Intervene, and ProtestsPDF
80 FR 76007 - High Island Offshore System, L.L.C.; Notice of ApplicationPDF
80 FR 76005 - Combined Notice of Filings #2PDF
80 FR 76003 - Delfin LNG LLC; Notice of Amendment to ApplicationPDF
80 FR 76014 - Combined Notice of Filings #1PDF
80 FR 76038 - Certain Wireless Headsets; Commission Determination To Review an Initial Determination Granting Respondents' Motion for Summary Determination of Patent Invalidity Due to IndefinitenessPDF
80 FR 76040 - Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components Thereof; Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and a Cease and Desist Order; Termination of the InvestigationPDF
80 FR 76040 - Certain Wearable Activity Tracking Devices, Systems, and Components Thereof; Institution of InvestigationPDF
80 FR 76058 - Office of Commercial Space Transportation; Notice of Availability and Request for Comment on the Second Draft Environmental Assessment (EA) for the Kodiak Launch Complex Launch Pad 3, Kodiak Island, AlaskaPDF
80 FR 75926 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
80 FR 76051 - Humanities Panel Advisory Committee; Charter RenewalPDF
80 FR 76050 - Federal Council on the Arts and the Humanities; Arts and Artifacts Indemnity Panel Advisory CommitteePDF
80 FR 76018 - Information Collection Being Reviewed by the Federal Communications Commission Under Delegated AuthorityPDF
80 FR 76019 - Information Collection Being Reviewed by the Federal Communications Commission Under Delegated AuthorityPDF
80 FR 75928 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
80 FR 75924 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
80 FR 75923 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
80 FR 76053 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Update Rule Cross-References and Make Non-Substantive Technical Changes to Certain FINRA RulesPDF
80 FR 76052 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Market Order Spread ProtectionPDF
80 FR 76026 - National Institute on Alcohol Abuse and Alcoholism; Notice of Closed MeetingsPDF
80 FR 76026 - National Cancer Institute; Notice of Closed MeetingsPDF
80 FR 75959 - Solicitation of Veterinary Shortage Situation Nominations for the Veterinary Medicine Loan Repayment Program (VMLRP)PDF
80 FR 75952 - Airworthiness Directives; General Electric Company Turbofan EnginesPDF
80 FR 76001 - Agency Information Collection Activities; Comment Request; Student Assistance General Provisions-Financial Assistance for Students With Intellectual DisabilitiesPDF
80 FR 76012 - Millennium Pipeline Company, L.L.C.; Notice of ApplicationPDF
80 FR 76007 - Collection of Connected Entity Data From Regional Transmission Organizations and Independent System OperatorsPDF
80 FR 76005 - Combined Notice of FilingsPDF
80 FR 76013 - Combined Notice of Filings #2PDF
80 FR 76002 - Combined Notice of Filings #1PDF
80 FR 76008 - Records Governing Off-the-Record Communications; Public NoticePDF
80 FR 76009 - Notice of Competing Preliminary Permit Applications Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing ApplicationsPDF
80 FR 76013 - Pacificorp; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and ProtestsPDF
80 FR 76004 - Notice of Staff AttendancePDF
80 FR 76007 - Notice of Staff Attendance at the Illinois Commerce Commission's “Solutions to Resource Adequacy in MISO Zone 4” Policy SessionPDF
80 FR 76004 - Notice of Effectiveness of Exempt Wholesale Generator StatusPDF
80 FR 76030 - Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; Control and Management of Resident Canada GeesePDF
80 FR 75955 - Petition Requesting Rulemaking on Products Containing Organohalogen Flame Retardants; Notice of Opportunity for Oral Presentation of CommentsPDF
80 FR 75977 - Proposed Information Collection; Comment Request; Atlantic Highly Migratory Species Recreational Landings and Bluefin Tuna Catch ReportsPDF
80 FR 76067 - Endangered and Threatened Wildlife and Plants; 12-Month Finding for 7 Foreign Species of Elasmobranchs Under the Endangered Species ActPDF
80 FR 76058 - Notice of Extension of Comment Period for Draft Environmental Assessment (EA) for the Proposed Part 139 Operating Certificate and Related Actions and Notice for Public Hearing at Paulding Northwest Atlanta AirportPDF
80 FR 76021 - General Services Administration Regulation; Information Collection; Packing List ClausePDF
80 FR 76117 - Passenger Train Exterior Side Door SafetyPDF
80 FR 76151 - National Emission Standards for Aerospace Manufacturing and Rework Facilities Risk and Technology ReviewPDF
80 FR 75931 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards: Conforming AmendmentsPDF
80 FR 76034 - Privacy Act of 1974; Establishment of a New System of RecordsPDF
80 FR 76036 - Privacy Act of 1974; Establishment of a New System of RecordsPDF

Issue

80 234 Monday, December 7, 2015 Contents Agriculture Agriculture Department See

National Institute of Food and Agriculture

AIRFORCE Air Force Department NOTICES Environmental Impact Statements; Availability, etc.: Divert Activities and Exercises, Commonwealth of the Northern Mariana Islands, 76000-76001 2015-30767 Gulf Regional Airspace Strategic Initiative, Landscape Initiative Eglin Air Force Base, FL, 76000 2015-30768 Antitrust Division Antitrust Division NOTICES Membership Changes under National Cooperative Research and Production Act: American Society of Mechanical Engineers, 76043 2015-30765 National Spectrum Consortium, 76042-76043 2015-30754 ODVA, Inc., 76043 2015-30763 Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76001 2015-30743 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 75999-76000 2015-30780 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of Domestic Human Trafficking Demonstration Projects, 76021-76022 2015-30742 Civil Rights Civil Rights Commission NOTICES Meetings; Sunshine Act, 75965-75966 2015-30857 Commerce Commerce Department See

International Trade Administration

See

National Oceanic and Atmospheric Administration

Committee Implementation Committee for the Implementation of Textile Agreements NOTICES Commercial Availability Request under the U.S.-Morocco Free Trade Agreement, 75998-75999 2015-30756 2015-30766 Consumer Product Consumer Product Safety Commission PROPOSED RULES Products Containing Organohalogen Flame Retardants; Opportunity for Oral Presentation of Comments, 75955-75956 2015-30694 Defense Department Defense Department See

Air Force Department

See

Army Department

See

Engineers Corps

Defense Nuclear Defense Nuclear Facilities Safety Board NOTICES Meetings; Sunshine Act, 76001 2015-30832 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Student Assistance General Provisions; Financial Assistance for Students with Intellectual Disabilities, 76001-76002 2015-30713 Energy Department Energy Department See

Federal Energy Regulatory Commission

Engineers Engineers Corps RULES Restricted Areas: West Arm Behm Canal, Naval Surface Warfare Center, Ketchikan, AK, 75947-75948 2015-30776 Environmental Protection Environmental Protection Agency RULES Acquisition Regulations: Ratification of Unauthorized Commitments, 75948-75951 2015-30798 National Emission Standards for Aerospace Manufacturing and Rework Facilities Risk and Technology Review, 76152-76191 2015-30356 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Consolidated Superfund Information Collection Request, 76015-76016 2015-30799 Equal Equal Employment Opportunity Commission PROPOSED RULES Genetic Information Nondiscrimination Act, 75956-75957 2015-30807 Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76016-76017 2015-30801 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Meetings: Schedule for 2016, 76017 2015-30782 Requests for Nominations: Non-Federal Board Members, 76017-76018 2015-30781 Federal Aviation Federal Aviation Administration RULES Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures: Miscellaneous Amendments, 75923-75930 2015-30723 2015-30724 2015-30725 2015-30730 PROPOSED RULES Airworthiness Directives: General Electric Company Turbofan Engines, 75952-75953 2015-30716 NOTICES Environmental Assessments; Availability, etc.: Kodiak Launch Complex Launch Pad 3, Kodiak Island, AK, 76058-76059 2015-30731 Proposed Part 139 Operating Certificate and Related Actions for Public Hearing at Paulding Northwest Atlanta Airport, 76058 2015-30588 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76018-76020 2015-30726 2015-30727 Wireless Telecommunications Bureau Releases Impairment File Formats for Forward Auction, 76020 2015-30817 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receiverships: Neighborhood Community Bank, Newnan, GA, 76020 2015-30788 North County Bank, Arlington, WA, 76020-76021 2015-30744 The Community's Bank, Bridgeport, CT, 76020 2015-30762 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 76021 2015-30896 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Delfin LNG, LLC; Amendments, 76003-76004 2015-30736 High Island Offshore System, LLC, 76007-76008 2015-30738 Millennium Pipeline Co., LLC, 76012-76013 2015-30709 Combined Filings, 76002-76003, 76005-76006, 76010-76015 2015-30705 2015-30706 2015-30707 2015-30735 2015-30737 2015-30747 Effectiveness of Exempt Wholesale Generator Status Willey Battery Utility, LLC; Little Elk Wind Project, LLC; Patriot Wind Farm, LLC, 76004 2015-30699 License Amendment Applications: PacifiCorp, 76013-76014 2015-30702 License Transfer Applications: Holtwood, LLC; BIF III Holtwood LLC, 76010 2015-30739 Meetings: Collection of Connected Entity Data from Regional Transmission Organizations and Independent System Operators; Technical Conference, 76007 2015-30708 Preliminary Permit Applications: Lock+TM Hydro Friends Fund XXIX; Energy Resources USA Inc., 76009-76010 2015-30703 Records Governing Off-the-Record Communications, 76008-76009 2015-30704 Staff Attendance, 76004-76005, 76007 2015-30700 2015-30701 Federal Motor Federal Motor Carrier Safety Administration NOTICES Commercial Driver's License Standards; Exemption Applications: Daimler Trucks North America, 76059-76061 2015-30804 Parts and Accessories Necessary for Safe Operation; Exemption Applications; Denials: Atwood Forest Products, Inc., 76064-76066 2015-30803 Entertainer Motorcoach Council, 76062-76064 2015-30802 Parts and Accessories Necessary for Safe Operation; Exemptions; Renewals: Bendix Commercial Vehicles Systems, LLC, 76061-76062 2015-30800 Federal Railroad Federal Railroad Administration RULES Passenger Train Exterior Side Door Safety, 76118-76149 2015-30488 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Control and Management of Resident Canada Geese, 76030-76031 2015-30696 Food and Drug Food and Drug Administration NOTICES Meetings: Moving Forward -- Collaborative Approaches to Medical Device Cybersecurity; Public Workshop, 76022-76025 2015-30772 Foreign Assets Foreign Assets Control Office PROPOSED RULES Effectiveness of Licensing Procedures: Exportation of Agricultural Commodities, Medicine, and Medical Devices to Sudan and Iran, 75957-75958 2015-30787 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Packing List Clause, 76021 2015-30521 Health and Human Health and Human Services Department See

Children and Families Administration

See

Food and Drug Administration

See

National Institutes of Health

NOTICES Meetings: Advisory Group on Prevention, Health Promotion, and Integrative and Public Health, 76025-76026 2015-30749
Housing Housing and Urban Development Department RULES Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards: Conforming Amendments, 75931-75945 2015-29692 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Information Resource Center Customer Satisfaction Survey, 76029 2015-30797 Mark-to-Market Program -- Requirements for Community-Based Non-Profit Organizations and Public Agencies, 76029-76030 2015-30795 Mortgagee's Certification of Fees and Escrow and Security Bond Against Defects, 76028 2015-30796 Indian Affairs Indian Affairs Bureau NOTICES Environmental Impact Statements; Availability, etc.: Proposed Integrated Resource Management Plan for the Nez Perce Reservation in North Central Idaho, 76033-76034 2015-30805 Funding Availability: Sovereignty in Indian Education, 76031-76033 2015-30806 Interior Interior Department See

Fish and Wildlife Service

See

Indian Affairs Bureau

Internal Revenue Internal Revenue Service RULES Dividend Equivalents from Sources Within the United States; Correction, 75946-75947 2015-30777 2015-30778 PROPOSED RULES Dividend Equivalents from Sources Within the United States; Correction, 75956 2015-30779 International Boundary International Boundary and Water Commission, United States and Mexico NOTICES Privacy Act; Systems of Records, 76034-76038 2015-29531 2015-29532 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cut-to-Length Carbon Steel Plate from the People's Republic of China, 75966-75967 2015-30789 Certain Magnesia Carbon Bricks from the People's Republic of China, 75971-75972 2015-30794 Fresh Garlic from the People's Republic of China, 75972-75975 2015-30791 Narrow Woven Ribbons with Woven Selvedge from the People's Republic of China, 75967-75968 2015-30790 Seamless Refined Copper Pipe and Tube from the People's Republic of China, 75968-75971 2015-30792 Charter Renewals: Advisory Committee on Supply Chain Competitiveness, 75966 2015-30757 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components Thereof, 76040-76042 2015-30733 Wearable Activity Tracking Devices, Systems, and Components Thereof, 76040 2015-30732 Wireless Headsets, 76038-76040 2015-30734 Justice Department Justice Department See

Antitrust Division

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Firearms Licensee Firearms Inventory Theft/Loss Report, 76043-76044 2015-30759
Labor Department Labor Department See

Occupational Safety and Health Administration

National Endowment for the Humanities National Endowment for the Humanities NOTICES Charter Renewals: Federal Council on the Arts and the Humanities Arts and Artifacts Indemnity Panel Advisory Committee, 76050-76051 2015-30728 Humanities Panel Advisory Committee, 76051 2015-30729 National Foundation National Foundation on the Arts and the Humanities See

National Endowment for the Humanities

National Institute Food National Institute of Food and Agriculture NOTICES Solicitation of Veterinary Shortage Situation Nominations for the Veterinary Medicine Loan Repayment Program, 75959-75965 2015-30717 National Institute National Institutes of Health NOTICES Exclusive Licenses: Development and Commercialization of Aza Epoxy Guaiane Derivatives for Treatment of Renal Cancer, 76026-76027 2015-30752 Meetings: National Cancer Institute, 76026 2015-30718 National Institute of Biomedical Imaging and Bioengineering, 76027 2015-30750 National Institute on Aging, 76027-76028 2015-30751 National Institute on Alcohol Abuse and Alcoholism, 76026 2015-30719 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-Month Finding for 7 Foreign Species of Elasmobranchs under the Endangered Species Act, 76068-76115 2015-30660 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Atlantic Highly Migratory Species Recreational Landings and Bluefin Tuna Catch Reports, 75977-75978 2015-30692 Meetings: Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops, 75975-75977 2015-30770 Takes of Marine Mammals Incidental to Specified Activities: Bravo Wharf Recapitalization Project, 75978-75997 2015-30745 Pacific Islands Fisheries Science Center Fisheries Research, 75997-75998 2015-30760 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 76051 2015-30880 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Expansion of Recognition Applications: TUV SUD America Inc., 76045-76047 2015-30783 Expansion of Recognition Approvals: Canadian Standards Association, 76044-76045 2015-30784 Expansions of Recognition: Curtis-Strauss LLC, 76049-76050 2015-30785 Quality Auditing Institute, Ltd.; Modification to the List of Appropriate Nationally Recognized Testing Laboratory Program Test Standards, 76047-76049 2015-30786 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Duties of Plan Sponsor Following Mass Withdrawal, Notice of Insolvency; Termination of Multiemployer Plans, 76051 2015-30773 Reportable Events -- Notice of Failure to Make Required Contribution, 76051-76052 2015-30771 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Helsinki Human Rights Day (Proc. 9375), 76197-76198 2015-30965 International Day of Persons With Disabilities (Proc. 9376), 76199-76200 2015-30966 ADMINISTRATIVE ORDERS National Defense Authorization Act for Fiscal Year 2012, Section 1245(d)(4)(B) and (C) (Presidential Determination No. 2016-03 of November 18, 2015), 75921 2015-30909 National Defense Authorization Act of Fiscal Year 2014; Delegation of Reporting Functions (Memorandum of December 2, 2015), 76193-76195 2015-30964 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 76055-76057 2015-30746 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 76053-76055 2015-30721 NASDAQ OMX BX, Inc., 76052-76053 2015-30720 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Iraqi Citizens and Nationals Employed by Federal Contractors and Grantees, 76057 2015-30775 Meetings: Preparations for International Maritime Organization Sub-Committee on Human Element, Training and Watchkeeping, 76057-76058 2015-30774 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: CSX Transportation, Inc., Grant County, WV, 76066 2015-30769 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Motor Carrier Safety Administration

See

Federal Railroad Administration

See

Surface Transportation Board

PROPOSED RULES Nondiscrimination on the Basis of Disability in Air Travel; Consideration of Negotiated Rulemaking Process, 75953-75955 2015-30764
Treasury Treasury Department See

Foreign Assets Control Office

See

Internal Revenue Service

Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 76068-76115 2015-30660 Part III Transportation Department, Federal Railroad Administration, 76118-76149 2015-30488 Part IV Environmental Protection Agency, 76152-76191 2015-30356 Part V Presidential Documents, 76193-76195, 76197-76200 2015-30965 2015-30966 2015-30964 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.

80 234 Monday, December 7, 2015 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31049; Amdt. No. 3671] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

DATES:

This rule is effective December 7, 2015. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of December 7, 2015.

ADDRESSES:

Availability of matters incorporated by reference in the amendment is as follows:

For Examination

1. U.S. Department of Transportation, Docket Ops-M30, 1200 New Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001.

2. The FAA Air Traffic Organization Service Area in which the affected airport is located;

3. The office of Aeronautical Navigation Products, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or,

4. 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.

Availability

All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT:

Richard A. Dunham III, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Divisions, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd. Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) Telephone: (405) 954-4164.

SUPPLEMENTARY INFORMATION:

This rule amends Title 14 of the Code of Federal Regulations, Part 97 (14 CFR part 97), by establishing, amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS. The complete regulatory description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part § 97.20. The applicable FAA forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when required by an entry on 8260-15A.

The large number of SIAPs, Takeoff Minimums and ODPs, their complex nature, and the need for a special format make publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA form documents is unnecessary. This amendment provides the affected CFRs and specifies the types of SIAPs, Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

The material incorporated by reference is publicly available as listed in the ADDRESSES section.

The material incorporated by reference describes SIAPS, Takeoff Minimums and/or ODPS as identified in the amendatory language for part 97 of this final rule.

The Rule

This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP, Takeoff Minimums and ODP as Amended in the transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments may have been issued previously by the FAA in a Flight Data Center (FDC) Notice to Airmen (NOTAM) as an emergency action of immediate flight safety relating directly to published aeronautical charts.

The circumstances that created the need for some SIAP and Takeoff Minimums and ODP amendments may require making them effective in less than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an effective date at least 30 days after publication is provided.

Further, the SIAPs and Takeoff Minimums and ODPs contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C 553(d), good cause exists for making some SIAPs effective in less than 30 days.

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. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

Air Traffic Control, Airports, Incorporation by reference, Navigation (air).

Issued in Washington, DC, on November 20, 2015. John Duncan, Director, Flight Standards Service. Adoption of the Amendment

Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or removing Standard Instrument Approach Procedures and/or Takeoff Minimums and Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority:

49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

2. Part 97 is amended to read as follows: Effective 7 JANUARY 2016 Plymouth, IN, Plymouth Muni, VOR RWY 10, Amdt 12 Plymouth, IN, Plymouth Muni, VOR RWY 28, Amdt 11 Iron Mountain Kingsford, MI, Ford, ILS OR LOC RWY 1, Amdt 13 Iron Mountain Kingsford, MI, Ford, NDB RWY 1, Orig-A, CANCELED Meridian, MS, Key Field, Takeoff Minimums and Obstacle DP, Amdt 6 Pittstown, NJ, Sky Manor, RNAV (GPS) RWY 7, Amdt 1 Delaware, OH, Delaware Muni—Jim Moore Field, NDB RWY 10, Orig-A, CANCELED Ebensburg, PA, Ebensburg, RNAV (GPS) RWY 7, Orig-A Ebensburg, PA, Ebensburg, RNAV (GPS) RWY 25, Orig-B Effective 4 FEBRUARY 2016 Nome, AK, Nome, NDB/DME RWY 3, Amdt 3, CANCELED Decatur, AL, Pryor Field Rgnl, VOR RWY 18, Amdt 13A, CANCELED Decatur, AL, Pryor Field Rgnl, VOR RWY 36, Amdt 5, CANCELED Fort Morgan, CO, Fort Morgan Muni, RNAV (GPS) RWY 14, Amdt 1 Fort Morgan, CO, Fort Morgan Muni, RNAV (GPS) RWY 32, Amdt 1 Fort Morgan, CO, Fort Morgan Muni, Takeoff Minimums and Obstacle DP, Amdt 1 Reidsville, GA, Swinton Smith Fld at Reidsville Muni, NDB RWY 11, Amdt 8A, CANCELED Indianapolis, IN, Greenwood Muni, NDB RWY 1, Amdt 3, CANCELED Goodland, KS, Renner Fld/Goodland Muni/, RNAV (GPS) RWY 12, Amdt 2 Glasgow, KY, Glasgow Muni, VOR/DME RWY 8, Amdt 9, CANCELED Prestonsburg, KY, Big Sandy Rgnl, VOR/DME-A, Amdt 3, CANCELED Wilmington, NC, Wilmington Intl, RNAV (GPS) RWY 17, Amdt 4 Sidney, NY, Sidney Muni, VOR RWY 25, Amdt 3A, CANCELED Lehighton, PA, Jake Arner Memorial, RNAV (GPS) RWY 8, Amdt 1B Lehighton, PA, Jake Arner Memorial, RNAV (GPS) RWY 26, Amdt 1B Portland, TN, Portland Muni, VOR/DME RWY 19, Amdt 3A, CANCELED Trenton, TN, Gibson County, VOR/DME-A, Amdt 6A, CANCELED Bellingham, WA, Bellingham Intl, ILS OR LOC RWY 16, ILS RWY 16 (SA CAT I), Amdt 8 Bellingham, WA, Bellingham Intl, RNAV (GPS) Y RWY 16, Amdt 3 Bellingham, WA, Bellingham Intl, RNAV (RNP) Z RWY 16, Amdt 1 Bellingham, WA, Bellingham Intl, RNAV (RNP) Z RWY 34, Amdt 1 Bellingham, WA, Bellingham Intl, Takeoff Minimums and Obstacle DP, Amdt 6 Port Angeles, WA, William R Fairchild Intl, Takeoff Minimums and Obstacle DP, Amdt 3 Port Angeles, WA, William R Fairchild Intl, WATTR SIX, Graphic DP Charleston, WV, Yeager, Takeoff Minimums and Obstacle DP, Amdt 9 Riverton, WY, Riverton Rgnl, ILS OR LOC RWY 28, Amdt 3
[FR Doc. 2015-30723 Filed 12-4-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31050; Amdt. No. 3672] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

DATES:

This rule is effective December 7, 2015. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of December 7, 2015.

ADDRESSES:

Availability of matter incorporated by reference in the amendment is as follows:

For Examination

1. U.S. Department of Transportation, Docket Ops-M30, 1200 New Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001;

2. The FAA Air Traffic Organization Service Area in which the affected airport is located;

3. The office of Aeronautical Navigation Products, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or,

4. 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.

Availability

All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center online at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT:

Richard A. Dunham III, Flight Procedure Standards Branch (AFS-420)Flight Technologies and Procedures Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK 73125) telephone: (405) 954-4164.

SUPPLEMENTARY INFORMATION:

This rule amends Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs. The complete regulatory description of each SIAP is listed on the appropriate FAA Form 8260, as modified by the National Flight Data Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained on FAA form documents is unnecessary.

This amendment provides the affected CFRs, and specifies the SIAPs and Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure and the amendment number.

Availability and Summary of Material Incorpora ted by Reference

The material incorporated by reference is publicly available as listed in the ADDRESSES section.

The material incorporated by reference describes SIAPs, Takeoff Minimums and ODPs as identified in the amendatory language for part 97 of this final rule.

The Rule

This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP and Takeoff Minimums and ODP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.

The SIAPs and Takeoff Minimums and ODPs, as modified by FDC permanent NOTAM, and contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these changes to SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied only to specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts.

The circumstances that created the need for these SIAP and Takeoff Minimums and ODP amendments require making them effective in less than 30 days.

Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C. 553(d), good cause exists for making these SIAPs effective in less than 30 days.

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. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

Air Traffic Control, Airports, Incorporation by reference, Navigation (Air).

Issued in Washington, DC, on November 20, 2015. John Duncan, Director, Flight Standards Service. Adoption of the Amendment

Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal regulations, Part 97, (14 CFR part 97), is amended by amending Standard Instrument Approach Procedures and Takeoff Minimums and ODPs, effective at 0901 UTC on the dates specified, as follows:

PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority:

49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

2. Part 97 is amended to read as follows:
§§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35 [AMENDED]

By amending: § 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or TACAN; § 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; § 97.27 NDB, NDB/DME; § 97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV SIAPs; and § 97.35 COPTER SIAPs, Identified as follows:

* * * Effective Upon Publication AIRAC date State City Airport FDC No. FDC date Subject 7-Jan-16 TX Houston William P. Hobby 5/0182 11/17/15 VOR/DME RWY 35, Amdt 3. 7-Jan-16 TX Houston William P. Hobby 5/0184 11/17/15 VOR/DME RWY 4, Amdt 18. 7-Jan-16 CA Lakeport Lampson Field 5/1798 11/03/15 RNAV (GPS)-A, Orig-A. 7-Jan-16 CA Fresno Fresno Chandler Executive 5/3572 11/02/15 GPS RWY 12, Orig-B. 7-Jan-16 CA Fresno Fresno Chandler Executive 5/3574 11/02/15 GPS RWY 30, Orig-C. 7-Jan-16 FL Tallahassee Tallahassee Intl 5/3607 11/02/15 ILS OR LOC/DME RWY 36, Amdt 25B. 7-Jan-16 FL Tallahassee Tallahassee Intl 5/3620 11/02/15 ILS OR LOC RWY 27, ILS RWY 27 (CAT II), Amdt 10. 7-Jan-16 CA Chino Chino 5/4191 11/02/15 ILS OR LOC RWY 26R, Amdt 8. 7-Jan-16 WA Everett Snohomish County (Paine Fld) 5/4281 11/02/15 ILS or LOC/DME Z RWY 16R, ILS Z RWY 16R (SA CAT II), Orig-A. 7-Jan-16 AZ Mesa Falcon Fld 5/4921 11/02/15 RNAV (GPS) RWY 4R, Amdt 1D. 7-Jan-16 SC Charleston Charleston Executive 5/6365 11/02/15 ILS OR LOC RWY 9, Amdt 2A. 7-Jan-16 MD Westminster Clearview Airpark 5/8975 11/17/15 VOR-A, Amdt 4.
[FR Doc. 2015-30724 Filed 12-4-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31046; Amdt. No. 3669] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This rule establishes, amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures (ODPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

DATES:

This rule is effective December 7, 2015. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of December 7, 2015.

ADDRESSES:

Availability of matters incorporated by reference in the amendment is as follows:

For Examination

1. U.S. Department of Transportation, Docket Ops-M30, 1200 New Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001.

2. The FAA Air Traffic Organization Service Area in which the affected airport is located;

3. The office of Aeronautical Navigation Products, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or,

4. 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.

Availability

All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT:

Richard A. Dunham III, Flight Procedure Standards Branch (AFS-420), Flight Technologies and Programs Divisions, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd. Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125) Telephone: (405) 954-4164.

SUPPLEMENTARY INFORMATION:

This rule amends Title 14 of the Code of Federal Regulations, Part 97 (14 CFR part 97), by establishing, amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS. The complete regulatory description of each SIAP and its associated Takeoff Minimums or ODP for an identified airport is listed on FAA form documents which are incorporated by reference in this amendment under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR part § 97.20. The applicable FAA forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when required by an entry on 8260-15A.

The large number of SIAPs, Takeoff Minimums and ODPs, their complex nature, and the need for a special format make publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP, Takeoff Minimums and ODP listed on FAA form documents is unnecessary. This amendment provides the affected CFRs and specifies the types of SIAPs, Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

The material incorporated by reference is publicly available as listed in the ADDRESSES section.

The material incorporated by reference describes SIAPS, Takeoff Minimums and/or ODPS as identified in the amendatory language for part 97 of this final rule.

The Rule

This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP, Takeoff Minimums and ODP as amended in the transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments may have been issued previously by the FAA in a Flight Data Center (FDC) Notice to Airmen (NOTAM) as an emergency action of immediate flight safety relating directly to published aeronautical charts.

The circumstances that created the need for some SIAP and Takeoff Minimums and ODP amendments may require making them effective in less than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an effective date at least 30 days after publication is provided.

Further, the SIAPs and Takeoff Minimums and ODPs contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied to the conditions existing or anticipated at the affected airports. Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C 553(d), good cause exists for making some SIAPs effective in less than 30 days.

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. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

Air Traffic Control, Airports, Incorporation by reference, Navigation (air).

Issued in Washington, DC, on November 6, 2015. John Duncan, Director, Flight Standards Service. Adoption of the Amendment

Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by establishing, amending, suspending, or removing Standard Instrument Approach Procedures and/or Takeoff Minimums and Obstacle Departure Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority:

49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

2. Part 97 is amended to read as follows: Effective 10 DECEMBER 2015 Fairbanks, AK, Fairbanks Intl, ILS OR LOC RWY 20R, ILS RWY 20R (SA CAT I), ILS RWY 20R (SA CAT II), Amdt 25 Kenai, AK, Kenai Muni, ILS OR LOC RWY 20R, Amdt 5 Kenai, AK, Kenai Muni, RNAV (GPS) RWY 2L, Amdt 3 Kenai, AK, Kenai Muni, RNAV (GPS) RWY 20R, Amdt 3 Kenai, AK, Kenai Muni, Takeoff Minimums and Obstacle DP, Amdt 2 Kenai, AK, Kenai Muni, VOR RWY 20R, Amdt 20 Kenai, AK, Kenai Muni, VOR/DME RWY 2L, Amdt 9 McGrath, AK, Mc Grath, VOR/DME OR TACAN RWY 16, Amdt 1A, CANCELED Sheridan, AR, Sheridan Muni, RNAV (GPS) RWY 19, Orig Sheridan, AR, Sheridan Muni, Takeoff Minimums and Obstacle DP, Orig Nogales, AZ, Nogales Intl, VOR OR GPS-A, Amdt 3C, CANCELED Chico, CA, Chico Muni, VOR/DME RWY 13L, Amdt 7C, CANCELED Daggett, CA, Barstow-Daggett, RNAV (GPS) RWY 26, Amdt 3 Ontario, CA, Ontario Intl, VOR/DME RWY 8R, Orig-A, CANCELED Bridgeport, CT, Igor I Sikorsky Memorial, VOR RWY 6, Amdt 21, CANCELED Bridgeport, CT, Igor I Sikorsky Memorial, VOR RWY 29, Amdt 2, CANCELED Washington, DC, Manassas Rgnl/Harry P Davis Field, RNAV (GPS) RWY 34L, Orig Sarasota/Bradenton, FL, Sarasota/Bradenton Intl, VOR RWY 32, Amdt 10A, CANCELED St Petersburg-Clearwater, FL, St Pete-Clearwater Intl, VOR/DME RWY 18L, Amdt 1C, CANCELED Tallahassee, FL, Tallahassee Intl, RADAR-1, Amdt 6 Clarion, IA, Clarion Muni, RNAV (GPS) RWY 14, Amdt 1 Orange City, IA, Orange City Muni, NDB OR GPS RWY 34, Amdt 3A, CANCELED Orange City, IA, Orange City Muni, RNAV (GPS) RWY 16, Orig Orange City, IA, Orange City Muni, RNAV (GPS) RWY 34, Orig Boise, ID, Boise Air Terminal/Gowen Fld, ILS OR LOC RWY 10R, ILS RWY 10R (SA CAT I), ILS RWY 10R (CAT II), ILS RWY 10R (CAT III), Amdt 12 Rochelle, IL, Rochelle Muni Airport-Koritz Field, RNAV (GPS) RWY 7, Amdt 2 Rochelle, IL, Rochelle Muni Airport-Koritz Field, RNAV (GPS) RWY 25, Amdt 2 Fort Wayne, IN, Smith Field, RNAV (GPS) RWY 23, Amdt 1 Fort Wayne, IN, Smith Field, RNAV (GPS) RWY 31, Amdt 1 Independence, KS, Independence Muni, NDB RWY 35, Orig-B, CANCELED Wakeeney, KS, Trego Wakeeney, RNAV (GPS)-A, Orig Wakeeney, KS, Trego Wakeeney, RNAV (GPS)-B, Orig Wakeeney, KS, Trego Wakeeney, Takeoff Minimums and Obstacle DP, Orig Richmond, KY, Central Kentucky Rgnl, RNAV (GPS) RWY 18, Amdt 1B Richmond, KY, Central Kentucky Rgnl, RNAV (GPS) RWY 36, Amdt 2 Vidalia, LA, Concordia Parish, RNAV (GPS) RWY 14, Orig Vidalia, LA, Concordia Parish, RNAV (GPS) RWY 32, Orig Vidalia, LA, Concordia Parish, Takeoff Minimums and Obstacle DP, Orig Boston, MA, General Edward Lawrence Logan Intl, VOR/DME RWY 15R, Amdt 2D, CANCELED Boston, MA, General Edward Lawrence Logan Intl, VOR/DME RWY 27, Amdt 2E, CANCELED Boston, MA, General Edward Lawrence Logan Intl, VOR/DME RWY 33L, Amdt 2F, CANCELED Nantucket, MA, Nantucket Memorial, NDB RWY 24, Amdt 11B, CANCELED Baltimore, MD, Baltimore/Washington Intl Thurgood Marshall, VOR/DME RWY 15L, Amdt 2A, CANCELED Portland, ME, Portland Intl Jetport, ILS OR LOC RWY 29, ILS RWY 29 (SA CAT I), ILS RWY 29 (SA CAT II), Amdt 4 Portland, ME, Portland Intl Jetport, RNAV (GPS) RWY 36, Amdt 2 Gaylord, MI, Gaylord Rgnl, NDB RWY 9, Amdt 13A, CANCELED Hart/Shelby, MI, Oceana County, RNAV (GPS) RWY 9, Orig Hart/Shelby, MI, Oceana County, RNAV (GPS) RWY 27, Orig Hart/Shelby, MI, Oceana County, Takeoff Minimums and Obstacle DP, Orig Jackson, MI, Jackson County-Reynolds Field, NDB RWY 24, Amdt 14, CANCELED Traverse City, MI, Cherry Capital, NDB RWY 28, Amdt 11, CANCELED Brainerd, MN, Brainerd Lakes Rgnl, NDB RWY 23, Amdt 6, CANCELED Owatonna, MN, Owatonna Degner Rgnl, ILS OR LOC RWY 30, Amdt 3 Owatonna, MN, Owatonna Degner Rgnl, RNAV (GPS) RWY 30, Amdt 1 Kansas City, MO, Charles B. Wheeler Downtown, NDB RWY 19, Amdt 18A, CANCELED Kansas City, MO, Charles B. Wheeler Downtown, VOR RWY 3, Amdt 19A, CANCELED Kansas City, MO, Charles B. Wheeler Downtown, VOR RWY 19, Amdt 20A, CANCELED Kansas City, MO, Charles B. Wheeler Downtown, VOR RWY 21, Amdt 14B, CANCELED Springfield, MO, Downtown, RNAV (GPS)-A, Orig Springfield, MO, Downtown, RNAV (GPS)-B, Orig Springfield, MO, Downtown, Takeoff Minimums and Obstacle DP, Orig Springfield, MO, Springfield-Branson National, ILS OR LOC RWY 2, Amdt 19 Pascagoula, MS, Trent Lott Intl, ILS OR LOC RWY 17, Amdt 3 Pascagoula, MS, Trent Lott Intl, RNAV (GPS) RWY 17, Amdt 2 Pascagoula, MS, Trent Lott Intl, RNAV (GPS) RWY 35, Amdt 1 Dillon, MT, Dillon, RNAV (GPS) RWY 35, Orig Miles City, MT, Frank Wiley Field, VOR/DME RWY 4, Orig-B, CANCELED Andrews, NC, Western Carolina Rgnl, RNAV (GPS) RWY 8, Amdt 1 Asheville, NC, Asheville Rgnl, ILS OR LOC RWY 16, Amdt 3B, CANCELED Asheville, NC, Asheville Rgnl, ILS OR LOC RWY 34, Amdt 23H, CANCELED Asheville, NC, Asheville Rgnl, ILS OR LOC RWY 35, Orig Asheville, NC, Asheville Rgnl, RNAV (GPS) RWY 16, Amdt 1, CANCELED Asheville, NC, Asheville Rgnl, RNAV (GPS) RWY 17, Orig Asheville, NC, Asheville Rgnl, RNAV (GPS) RWY 34, Amdt 1, CANCELED Asheville, NC, Asheville Rgnl, RNAV (GPS) RWY 35, Orig Williston, ND, Sloulin Fld Intl, VOR/DME RWY 29, Amdt 4, CANCELED Columbus, NE., Columbus Muni, VOR/DME RWY 32, Amdt 3B, CANCELED Kearney, NE., Kearney Rgnl, NDB RWY 36, Amdt 5, CANCELED Lincoln, NE., Lincoln, ILS OR LOC RWY 18, Amdt 7B Lincoln, NE., Lincoln, ILS OR LOC RWY 36, Amdt 11I Lincoln, NE., Lincoln, RNAV (GPS) RWY 14, Amdt 1A Lincoln, NE., Lincoln, RNAV (GPS) RWY 17, Orig Lincoln, NE., Lincoln, RNAV (GPS) RWY 18, Amdt 1B Lincoln, NE., Lincoln, RNAV (GPS) RWY 32, Orig-A Lincoln, NE., Lincoln, RNAV (GPS) RWY 35, Orig Lincoln, NE., Lincoln, RNAV (GPS) RWY 36, Amdt 1C Albuquerque, NM, Albuquerque Intl Sunport, ILS OR LOC RWY 3, Amdt 3 Albuquerque, NM, Albuquerque Intl Sunport, ILS OR LOC RWY 8, Amdt 6 Albuquerque, NM, Albuquerque Intl Sunport, RNAV (GPS) Y RWY 3, Amdt 1 Albuquerque, NM, Albuquerque Intl Sunport, RNAV (RNP) Z RWY 3, Amdt 1A Albuquerque, NM, Albuquerque Intl Sunport, RNAV (RNP) Z RWY 8, Amdt 1A Hobbs, NM, Lea County Rgnl, VOR OR TACAN RWY 3, Amdt 21A, CANCELED Albany, NY, Albany Intl, Takeoff Minimums and Obstacle DP, Amdt 13 Monticello, NY, Sullivan County Intl, NDB RWY 15, Amdt 7B, CANCELED New York, NY, Long Island Mac Arthur, ILS OR LOC RWY 6, ILS RWY 6 (SA CAT I), ILS RWY 6 (SA CAT II), Amdt 25 New York, NY, Long Island Mac Arthur, RNAV (GPS) RWY 6, Amdt 2 New York, NY, Long Island Mac Arthur, RNAV (GPS) RWY 15R, Amdt 1 New York, NY, Long Island Mac Arthur, RNAV (GPS) RWY 24, Amdt 2 New York, NY, Long Island Mac Arthur, RNAV (GPS) RWY 33L, Amdt 1 Rome, NY, Griffiss Intl, VOR/DME RWY 33, Orig-A, CANCELED Cincinnati, OH, Cincinnati Muni Airport Lunken Field, NDB RWY 21L, Amdt 17B, CANCELED Bartlesville, OK, Bartlesville Muni, VOR RWY 17, Amdt 11, CANCELED Corvallis, OR, Corvallis Muni, NDB RWY 17, Amdt 2A, CANCELED Providence, RI, Theodore Francis Green State, ILS OR LOC RWY 34, Amdt 12 Providence, RI, Theodore Francis Green State, RNAV (GPS) RWY 34, Amdt 2 Greenwood, SC, Greenwood County, VOR RWY 27, Amdt 12B, CANCELED Mitchell, SD, Mitchell Muni, ILS OR LOC RWY 31, Orig-B Mitchell, SD, Mitchell Muni, RNAV (GPS) RWY 13, Orig-A Mitchell, SD, Mitchell Muni, RNAV (GPS) RWY 18, Orig Mitchell, SD, Mitchell Muni, RNAV (GPS) RWY 31, Orig-A Mitchell, SD, Mitchell Muni, RNAV (GPS) RWY 36, Orig Mitchell, SD, Mitchell Muni, Takeoff Minimums and Obstacle DP, Amdt 1A Mitchell, SD, Mitchell Muni, VOR RWY 13, Amdt 11A Mitchell, SD, Mitchell Muni, VOR RWY 31, Amdt 5A Watertown, SD, Watertown Rgnl, NDB RWY 35, Amdt 9, CANCELED Vermillion, SD, Harold Davidson Field, RNAV (GPS) RWY 12, Orig Vermillion, SD, Harold Davidson Field, RNAV (GPS) RWY 30, Amdt 2 Yankton, SD, Chan Gurney Muni, NDB RWY 31, Amdt 3A, CANCELED Centerville, TN, Centerville Muni, RNAV (GPS) RWY 2, Orig Centerville, TN, Centerville Muni, RNAV (GPS) RWY 20, Orig Centerville, TN, Centerville Muni, Takeoff Minimums and Obstacle DP, Amdt 1 Dickson, TN, Dickson Muni, RNAV (GPS) RWY 17, Amdt 1B Abilene, TX, Abilene Rgnl, NDB RWY 35R, Amdt 5D, CANCELED Dallas-Fort Worth, TX, Dallas/Fort Worth Intl, VOR RWY 13R, Amdt 1C, CANCELED Edna, TX, Jackson County, RNAV (GPS)-A, Orig Edna, TX, Jackson County, RNAV (GPS)-B, Orig Edna, TX, Jackson County, Takeoff Minimums and Obstacle DP, Orig Georgetown, TX, Georgetown Muni, RNAV (GPS) RWY 18, Amdt 1 Georgetown, TX, Georgetown Muni, RNAV (GPS) RWY 36, Amdt 1 Houston, TX, William P Hobby, ILS OR LOC RWY 4, ILS RWY 4 (SA CAT I), ILS RWY 4 (CAT II), ILS RWY 4 (CAT III), Amdt 43 Houston, TX, William P Hobby, RNAV (GPS) RWY 4, Amdt 3 Mc Allen, TX, Mc Allen Miller Intl, ILS OR LOC RWY 14, Amdt 9 Mc Allen, TX, Mc Allen Miller Intl, ILS OR LOC RWY 32, Amdt 1 Mc Allen, TX, Mc Allen Miller Intl, RNAV (GPS) RWY 14, Amdt 1 Mc Allen, TX, Mc Allen Miller Intl, RNAV (GPS) RWY 32, Amdt 2 Mc Allen, TX, Mc Allen Miller Intl, Takeoff Minimums and Obstacle DP, Amdt 2 Mc Allen, TX, Mc Allen Miller Intl, VOR RWY 14, Amdt 16 Mc Allen, TX, Mc Allen Miller Intl, VOR RWY 32, Amdt 2 Odessa, TX, Odessa-Schlemeyer Field, NDB RWY 20, Amdt 5, CANCELED Newport News, VA, Newport News/Williamsburg Intl, NDB RWY 2, Amdt 6A, CANCELED Everett, WA, Snohomish County (Paine Fld), Takeoff Minimums and Obstacle DP, Amdt 3 Shelton, WA, Sanderson Field, GPS RWY 5, Amdt 1B, CANCELED Shelton, WA, Sanderson Field, RNAV (GPS) RWY 5, Orig Shelton, WA, Sanderson Field, RNAV (GPS) RWY 23, Amdt 1 Appleton, WI, Appleton Intl, VOR/DME RWY 3, Amdt 8G, CANCELED Appleton, WI, Appleton Intl, VOR/DME RWY 21, Amdt 1B, CANCELED Cable, WI, Cable Union, GPS RWY 34, Orig, CANCELED Cable, WI, Cable Union, RNAV (GPS) RWY 35, Orig Cable, WI, Cable Union, Takeoff Minimums and Obstacle DP, Amdt 5A Eau Claire, WI, Chippewa Valley Rgnl, NDB RWY 22, Amdt 7, CANCELED Middleton, WI, Middleton Muni—Morey Field, VOR RWY 10, Amdt 1B, CANCELED Tomah, WI, Bloyer Field, RNAV (GPS) RWY 7, Orig Tomah, WI, Bloyer Field, RNAV (GPS) RWY 25, Orig Tomah, WI, Bloyer Field, Takeoff Minimums and Obstacle DP, Orig Charleston, WV, Yeager, ILS OR LOC RWY 5, Amdt 7, CANCELED Charleston, WV, Yeager, LOC RWY 5, Orig Charleston, WV, Yeager, RNAV (GPS) Y RWY 5, Amdt 2 Charleston, WV, Yeager, RNAV (RNP) Z RWY 5, Amdt 1
[FR Doc. 2015-30730 Filed 12-4-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31047; Amdt. No. 3670] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This rule amends, suspends, or removes Standard Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums and Obstacle Departure Procedures for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, adding new obstacles, or changing air traffic requirements. These changes are designed to provide for the safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

DATES:

This rule is effective December 7, 2015. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of December 7, 2015.

ADDRESSES:

Availability of matter incorporated by reference in the amendment is as follows:

For Examination

1. U.S. Department of Transportation, Docket Ops-M30, 1200 New Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001;

2. The FAA Air Traffic Organization Service Area in which the affected airport is located;

3. The office of Aeronautical Navigation Products, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 or,

4. 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.

Availability

All SIAPs and Takeoff Minimums and ODPs are available online free of charge. Visit the National Flight Data Center online at nfdc.faa.gov to register. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT:

Richard A. Dunham III, Flight Procedure Standards Branch (AFS-420) Flight Technologies and Procedures Division, Flight Standards Service, Federal Aviation Administration, Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma City, OK 73169 (Mail Address: P.O. Box 25082 Oklahoma City, OK. 73125) telephone: (405) 954-4164.

SUPPLEMENTARY INFORMATION:

This rule amends Title 14, Code of Federal Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs. The complete regulatory description of each SIAP is listed on the appropriate FAA Form 8260, as modified by the National Flight Data Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The large number of SIAPs, their complex nature, and the need for a special format make their verbatim publication in the Federal Register expensive and impractical. Further, airmen do not use the regulatory text of the SIAPs, but refer to their graphic depiction on charts printed by publishers of aeronautical materials. Thus, the advantages of incorporation by reference are realized and publication of the complete description of each SIAP contained on FAA form documents is unnecessary.

This amendment provides the affected CFRs, and specifies the SIAPs and Takeoff Minimums and ODPs with their applicable effective dates. This amendment also identifies the airport and its location, the procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

The material incorporated by reference is publicly available as listed in the ADDRESSES section.

The material incorporated by reference describes SIAPs, Takeoff Minimums and ODPs as identified in the amendatory language for part 97 of this final rule.

The Rule

This amendment to 14 CFR part 97 is effective upon publication of each separate SIAP and Takeoff Minimums and ODP as amended in the transmittal. For safety and timeliness of change considerations, this amendment incorporates only specific changes contained for each SIAP and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.

The SIAPs and Takeoff Minimums and ODPs, as modified by FDC permanent NOTAM, and contained in this amendment are based on the criteria contained in the U.S. Standard for Terminal Instrument Procedures (TERPS). In developing these changes to SIAPs and Takeoff Minimums and ODPs, the TERPS criteria were applied only to specific conditions existing at the affected airports. All SIAP amendments in this rule have been previously issued by the FAA in a FDC NOTAM as an emergency action of immediate flight safety relating directly to published aeronautical charts.

The circumstances that created the need for these SIAP and Takeoff Minimums and ODP amendments require making them effective in less than 30 days.

Because of the close and immediate relationship between these SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find that notice and public procedure under 5 U.S.C. 553(b) are impracticable and contrary to the public interest and, where applicable, under 5 U.S.C. 553(d), good cause exists for making these SIAPs effective in less than 30 days.

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. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

Air Traffic Control, Airports, Incorporation by reference, Navigation (air).

Issued in Washington, DC, on November 6, 2015. John Duncan, Director, Flight Standards Service. Adoption of the Amendment

Accordingly, pursuant to the authority delegated to me, Title 14, Code of Federal regulations, Part 97, (14 CFR part 97), is amended by amending Standard Instrument Approach Procedures and Takeoff Minimums and ODPs, effective at 0901 UTC on the dates specified, as follows:

PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: Authority:

49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721-44722.

2. Part 97 is amended to read as follows:
§§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35 [Amended]

By amending: § 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or TACAN; § 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; § 97.27 NDB, NDB/DME; § 97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV SIAPs; and § 97.35 COPTER SIAPs, Identified as follows:

* * * Effective Upon Publication AIRAC date State City Airport FDC No. FDC date Subject 10-Dec-15 MS Indianola Indianola Muni 5/0366 10/23/15 RNAV (GPS) RWY 36, Amdt 2. 10-Dec-15 WA Oak Harbor Aj Eisenberg 5/0595 10/26/15 RNAV (GPS) RWY 7, Amdt 2D. 10-Dec-15 MI Pellston Pellston Rgnl Airport of Emmet County 5/2023 10/23/15 RNAV (GPS) RWY 32, Orig-A. 10-Dec-15 CA Oakdale Oakdale 5/2586 10/27/15 RNAV (GPS) RWY 10, Amdt 1A. 10-Dec-15 OR Albany Albany Muni 5/2587 10/27/15 Takeoff Minimums and (Obstacle) DP, Amdt 2A. 10-Dec-15 MT Scobey Scobey 5/2588 10/27/15 RNAV (GPS) RWY 12, Orig-B. 10-Dec-15 CA Lompoc Lompoc 5/2611 10/27/15 RNAV (GPS) RWY 25, Amdt 1A. 10-Dec-15 CA Willows Willows-Glenn County 5/2650 10/27/15 Takeoff Minimums and (Obstacle) DP, Amdt 1A. 10-Dec-15 CA Bishop Bishop 5/2713 10/23/15 LDA/DME RWY 16, Orig-A. 10-Dec-15 CA Bishop Bishop 5/2715 10/23/15 RNAV (GPS) Y RWY 12, Orig-A. 10-Dec-15 CA Bishop Bishop 5/2716 10/23/15 RNAV (GPS) Z RWY 12, Orig-B. 10-Dec-15 CA Bishop Bishop 5/2717 10/23/15 RNAV (RNP) RWY 30, Orig-B. 10-Dec-15 CA Bishop Bishop 5/2718 10/23/15 VOR OR GPS-A, Amdt 6A. 10-Dec-15 CA Bishop Bishop 5/2719 10/23/15 VOR/DME OR GPS-B, Amdt 4A. 10-Dec-15 CA Merced Merced Rgnl/Macready Field 5/2723 10/27/15 Takeoff Minimums and (Obstacle) DP, Amdt 5A. 10-Dec-15 CA Bishop Bishop 5/2729 10/23/15 Takeoff Minimums and (Obstacle) DP, Amdt 3. 10-Dec-15 CA Chino Chino 5/3001 10/28/15 RNAV (GPS) RWY 26R, Orig-C. 10-Dec-15 IN Terre Haute Terre Haute Intl-Hulman Field 5/3051 10/23/15 RNAV (GPS) RWY 23, Amdt 1A. 10-Dec-15 WY Powell Powell Muni 5/3148 10/28/15 NDB RWY 31, Amdt 2A. 10-Dec-15 WY Powell Powell Muni 5/3156 10/28/15 RNAV (GPS) RWY 13, Orig-A. 10-Dec-15 WY Powell Powell Muni 5/3157 10/28/15 RNAV (GPS) RWY 31, Orig-A. 10-Dec-15 CO Canon City Fremont County 5/3475 10/27/15 RNAV (GPS) Y RWY 29, Orig-A. 10-Dec-15 CO Canon City Fremont County 5/3476 10/27/15 RNAV (RNP) RWY 29, Orig-A. 10-Dec-15 CO Canon City Fremont County 5/3477 10/27/15 RNAV (RNP) RWY 11, Orig-A. 10-Dec-15 WV Ravenswood Jackson County 5/5042 10/22/15 RNAV (GPS) RWY 22, Orig. 10-Dec-15 AK Anchorage Merrill Field 5/7064 10/22/15 Takeoff Minimums and (Obstacle) DP, Amdt 1A. 10-Dec-15 MN Mankato Mankato Rgnl 5/7271 10/23/15 RNAV (GPS) RWY 15, Orig. 10-Dec-15 MN Mankato Mankato Rgnl 5/7273 10/23/15 RNAV (GPS) RWY 33, Orig. 10-Dec-15 MN Mankato Mankato Rgnl 5/7274 10/23/15 VOR RWY 15, Amdt 7. 10-Dec-15 MN Mankato Mankato Rgnl 5/7275 10/23/15 VOR RWY 33, Amdt 8. 10-Dec-15 NC Ocracoke Ocracoke Island 5/7875 10/27/15 RNAV (GPS) RWY 24, Orig. 10-Dec-15 NC Ocracoke Ocracoke Island 5/7876 10/27/15 RNAV (GPS) RWY 6, Orig. 10-Dec-15 FL Titusville Arthur Dunn Air Park 5/9064 10/26/15 RNAV (GPS) RWY 15, Orig-A. 10-Dec-15 FL Titusville Arthur Dunn Air Park 5/9065 10/26/15 RNAV (GPS) RWY 33, Orig-A. 10-Dec-15 WI Mosinee Central Wisconsin 5/9662 10/23/15 RNAV (GPS) RWY 26, Amdt 1A. 10-Dec-15 NC Winston Salem Smith Reynolds 5/9748 10/26/15 VOR/DME RWY 15, Amdt 1B. 10-Dec-15 NC Winston Salem Smith Reynolds 5/9749 10/26/15 ILS OR LOC RWY 33, Amdt 29B. 10-Dec-15 NC Winston Salem Smith Reynolds 5/9750 10/26/15 RNAV (GPS) RWY 33, Orig. 10-Dec-15 FL Venice Venice Muni 5/9753 10/26/15 RNAV (GPS) RWY 13, Amdt 1C. 10-Dec-15 FL Venice Venice Muni 5/9754 10/26/15 RNAV (GPS) RWY 31, Amdt 1C. 10-Dec-15 PA Pittsburgh Allegheny County 5/9762 10/23/15 RNAV (GPS) RWY 10 Amdt 4A. 10-Dec-15 PA Pittsburgh Allegheny County 5/9764 10/23/15 ILS OR LOC RWY 10, Amdt 6A. 10-Dec-15 PA Pittsburgh Allegheny County 5/9766 10/23/15 ILS OR LOC RWY 28, Amdt 29A.
[FR Doc. 2015-30725 Filed 12-4-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Parts 4, 5, 92, 115, 125, 135, 200, 202, 214, 236, 242, 248, 266, 401, 570, 573, 574, 576, 578, 582, 583, 700, 761, 880, 881, 882, 883, 884, 886, 891, 902, 905, 943, 963, 964, 965, 970, 982, 990, 1000, 1003, and 1006 [Docket No. FR-5783-F-02] RIN 2501-AD66 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards: Conforming Amendments AGENCY:

Office of the Secretary, HUD.

ACTION:

Final rule.

SUMMARY:

On December 19, 2014, the Office of Management and Budget (OMB) published a joint, Governmentwide interim rule with all Federal award-making agencies, entitled “Federal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.” In that rule, all Federal award-making agencies, including HUD, implemented the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. HUD also amended its administrative requirements for grants and cooperative agreements. This final rule conforms HUD's regulations to OMB's rule, revises cross references within affected HUD regulations, and makes other conforming changes and corrections.

DATES:

Effective Date: January 6, 2016.

FOR FURTHER INFORMATION CONTACT:

Scott Moore, Financial Operations Analyst, Office of the Chief Financial Officer, Financial Policy & Procedures Division, 451 7th Street SW., Room 3210, Washington, DC 20410, telephone number 202-402-2277, or Loyd LaMois, Supervisory Program Analyst, Office of Strategic Planning and Management, 451 7th Street SW., Room 3156, Washington, DC 20410, telephone number 202-402-3964. These are not a toll-free numbers. Persons with hearing or speech impairments may access these numbers through TTY by calling the Federal Relay Service, toll-free, at 800-877-8339.

SUPPLEMENTARY INFORMATION: I. Background

On December 19, 2014 (79 FR 75867), OMB published a joint, Governmentwide interim rule of all Federal award-making agencies entitled, “Federal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.” In the joint interim rule, HUD and all other Federal award-making agencies implemented OMB's final guidance entitled, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” (Uniform Guidance) published on December 26, 2013 (78 FR 78589). The Uniform Guidance followed publication of a Notice of Proposed Guidance published on February 1, 2013 (78 FR 7282), and an Advance Notice of Proposed Guidance published on February 28, 2012 (77 FR 11778), and incorporated public comments received on those two documents. The Uniform Guidance is codified at 2 CFR part 200.

OMB's Uniform Guidance provides a Governmentwide framework for Federal grant management designed to reduce administrative burden for non-Federal entities receiving Federal awards, while reducing the risk of waste, fraud, and abuse. The Uniform Guidance establishes requirements and responsibilities for all Federal agencies that award Federal financial assistance and all non-Federal entities that receive Federal awards. In developing the Uniform Guidance, OMB consolidated existing OMB circulars into a single set of requirements. OMB circulars consolidated and superseded by the Uniform Guidance include:

• A-21, “Cost Principles for Educational Institutions”;

• A-87, “Cost Principles for State, Local and Indian Tribal Governments”;

• A-102, “Grant Awards and Cooperative Agreements with State and Local Governments”;

• A-110, “Uniform Administrative Requirements for Awards and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations”; and

• A-133, “Audits of States, Local Governments and Non-Profit Organizations”.

The Uniform Guidance also replaces provisions of OMB circulars that relate to Single Audit Act audits. OMB's consolidation of prior guidance was aimed at eliminating duplicative or nearly duplicative language in order to clarify existing guidance. The Uniform Guidance does not broaden the scope of applicability of the guidance superseded.

The policy reforms brought about by the Uniform Guidance include:

• Eliminating duplicative/conflicting guidance;

• Focusing on performance over compliance for accountability;

• Encouraging efficient use of information technology (IT)/shared services;

• Providing for consistent treatment of costs;

• Limiting allowable costs for the best use of Federal resources;

• Incorporating standard business processes using data definitions;

• Strengthening oversight; and

• Targeting audit requirements on risk of waste, fraud, and abuse.

The Uniform Guidance also streamlines audit procedures by:

• Raising the Single Audit threshold from $500,000 to $750,000;

• Raising the questioned cost limit in Single Audits from $10,000 to $25,000; and

• Requiring assessment of Governmentwide audit quality to be conducted every 6 years (beginning in 2018).

A. Applicability of Uniform Guidance to HUD Grantees

In the December 19, 2014, joint, interim rule, HUD adopted and codified the Uniform Guidance as requirements for Federal awards at a new part, 2 CFR part 2400. HUD also amended 24 CFR parts 84 and 85, which had codified OMB Circulars superseded by 2 CFR part 200, by removing all substantive provisions and including a saving provision that provides that Federal awards made prior to December 26, 2014, will continue to be governed by parts 84 or 85 as codified in the 2013 edition of the Code of Federal Regulations (CFR) or as provided under the terms of the Federal award.

HUD implemented OMB Circular A-102 in 1988, by codifying its provisions in 24 CFR part 85 (March 11, 1988, 53 FR 8025, 8650). In 1994, HUD implemented OMB Circular A-110 by codifying its provisions in 24 CFR part 84 (September 13, 1994, 59 FR 47011). HUD codified the provisions of OMB Circular A-133 in 24 CFR parts 84 and 85 in 1997 (November 18, 1997, 62 FR 61617). In the intervening years since codifying the guidance in these circulars, HUD has cross-referenced applicable provisions of 24 CFR parts 84 and 85 throughout program regulations. Because HUD has implemented 2 CFR part 200 and removed, with certain exceptions, 24 CFR parts 84 and 85, this final rule conforms 24 CFR to the Uniform Guidance by removing references to 24 CFR parts 84 and 85 and replacing them with corresponding references to 2 CFR part 200.

Grant recipients and those who monitor grants are strongly encouraged to review the Uniform Guidance to obtain a better understanding of the Uniform Guidance and its implications for their Federal awards. The Federal Council on Financial Assistance Reform (COFAR) has provided additional tools to assist in the transition to the Uniform Guidance. These tools include:

• Frequently Asked Questions for New Uniform Guidance at 2 CFR part 200: https://cfo.gov/wp-content/uploads/2014/11/2014-11-26-Frequently-Asked-Questions.pdf.

• Uniform Guidance Crosswalk from Existing Guidance to Final Guidance: www.whitehouse.gov/sites/default/files/omb/fedreg/2013/uniform-guidance-crosswalk-from-predominate-source-in-existing-guidance.pdf.

• COFAR webcast trainings and slides: Available through the COFAR Web site https://cfo.gov/cofar; specifically, through that Web site's page on Resources for Understanding the Uniform Guidance, https://cfo.gov/cofar/#RUUG.

Additional tools are available through links from COFAR's Web site homepage, https://cfo.gov/cofar/, in such sections (as of the date of this rule) as Resources for Understanding the Uniform Guidance, Measuring the Impact of the Uniform Guidance, the COFAR Training Webcast Series, Federal Spending Transparency, and Related Links.

In addition, grant recipients are encouraged to review guidance issued by HUD on February 26, 2015, entitled “Transition to 2 CFR part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Final Guidance” (Notice SD-2015-01). This guidance is available at http://portal.hud.gov/hudportal/documents/huddoc?id=15-01sdn.pdf.

B. Other Conforming Changes

As noted above, HUD implemented OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations,” in 24 CFR parts 84 and 85 in 1997. In HUD's 1997 interim rule, HUD also removed and reserved 24 CFR part 44—Non-Federal Audit Requirements for State and Local Government, and 24 CFR part 45—Non-Federal Audit Requirements for Institutions of Higher Education and Other Nonprofit Institutions, since these parts were no longer applicable because of HUD's implementation of the circular. In drafting this final rule, HUD discovered the inadvertent retention of references to 24 CFR parts 44 and 45. HUD is using this final rule to correct this oversight and is replacing outdated references to parts 44 and 45 with references to 2 CFR part 200, subpart F—Audit Requirements, or section(s) of that subpart, as applicable.

HUD is revising § 4.5 to conform to Section 233 of the Department of Housing and Urban Development Appropriations Act, 2009 (Pub. L. 111-8, March 11, 2009). HUD is revising § 570.402(a)(1) to conform to HUD's final rule entitled “Removal of Obsolete Community Planning and Development (CPD) Regulations (79 FR 51893, September 2, 2014). HUD is also correcting other copy and typographical errors.

II. Justification for Final Rulemaking

HUD generally publishes a rule for public comment before issuing a rule for effect, in accordance with its own regulations on rulemaking at 24 CFR part 10. Part 10 provides for exceptions to the general rule if the agency finds good cause to omit advance notice and public participation. The good cause requirement is satisfied when prior public procedure is “impracticable, unnecessary, or contrary to the public interest” (24 CFR 10.1). This rule updates references to regulatory provisions that have been removed by HUD in implementing the Uniform Guidance, and substitutes references to appropriate sections of the Uniform Guidance, corrects outdated references to 24 CFR parts 44 and 45, and makes other conforming changes. As a result, HUD finds that good cause exists to publish this rule for effect without first soliciting public comment.

III. Findings and Certifications Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) (5 U.S.C. 605(b)) generally requires an agency to conduct regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Because HUD has determined that good cause exists to issue this rule without prior public comment, this rule is not subject to the requirement to publish an initial or final regulatory flexibility analysis under the RFA as part of such action.

Executive Order 13132, Federalism

Executive Order 13132 (entitled “Federalism”) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial direct compliance costs on State and local governments and is not required by statute or the rule preempts State law, unless the agency meets the consultation and funding requirements of section 6 of the Executive order. This final rule will not have federalism implications and would not impose substantial direct compliance costs on State and local governments or preempt State law within the meaning of the Executive order.

Unfunded Mandates Reform

Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 1 requires that an agency prepare a budgetary impact statement before promulgating a rule that includes a Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any 1 year. If a budgetary impact statement is required, section 205 of UMRA also requires an agency to identify and consider a reasonable number of regulatory alternatives before promulgating a rule.2 However, the UMRA applies only to rules for which an agency publishes a general notice of proposed rulemaking. As discussed above, HUD has determined, for good cause, that prior notice and public comment is not required on this rule and, therefore, the UMRA does not apply to this final rule.

1 2 U.S.C. 1532.

2 2 U.S.C. 1534.

List of Subjects 24 CFR Part 4

Administrative practice and procedure, Government employees, Grant programs—housing and community development, Investigations, Loan programs—housing and community development, Penalties, Reporting and recordkeeping requirements.

24 CFR Part 5

Administrative practice and procedure, Aged, Claims, Crime, Government contracts, Grant programs—housing and community development, Individuals with disabilities, Intergovernmental relations, Loan programs—housing and community development, Low and moderate income housing, Mortgage insurance, Penalties, Pets, Public housing, Rent subsidies, Reporting and recordkeeping requirements, Social security, Unemployment compensation, Wages.

24 CFR Part 92

Administrative practice and procedure, Grant programs—housing and community development, Low and moderate income housing, Manufactured homes, Rent subsidies, Reporting and recordkeeping requirements.

24 CFR Part 115

Administrative practice and procedure, Aged, Fair housing, Grant programs—housing and community development, Individuals with disabilities, Intergovernmental relations, Mortgages, Reporting and recordkeeping requirements.

24 CFR Part 125

Fair housing, Grant programs—housing and community development, Reporting and recordkeeping requirements.

24 CFR Part 135

Administrative practice and procedure, Community development, Equal employment opportunity, Government contracts, Grant programs—housing and community development, Housing Loan programs—housing and community development, Reporting and recordkeeping requirements, Small businesses.

24 CFR Part 200

Administrative practice and procedure, Claims, Equal employment opportunity, Fair housing, Housing standards, Lead poisoning, Loan programs—housing and community development, Mortgage insurance, Organization and functions (Government agencies), Penalties, Reporting and recordkeeping requirements, Social security, Unemployment compensation, Wages.

24 CFR Part 202

Administrative practice and procedure, Home improvement, Manufactured homes, Mortgage insurance, Reporting and recordkeeping requirements.

24 CFR Part 214

Administrative practice and procedure, Loan programs—housing and community development, Organization and functions (government agencies), Reporting and recordkeeping requirements.

24 CFR Part 236

Grant programs—housing and community development, Low and moderate income housing, Mortgage insurance, Rent subsidies, Reporting and recordkeeping requirements.

24 CFR Part 242

Hospitals, Mortgage insurance, Reporting and recordkeeping requirements.

24 CFR Part 248

Grant programs—housing and community development, Intergovernmental relations, Loan programs—housing and community development, Low and moderate income housing, Mortgage insurance, Reporting and recordkeeping requirements.

24 CFR Part 266

Intergovernmental relations, Low and moderate income housing, Mortgage insurance, Reporting and recordkeeping requirements.

24 CFR Part 401

Grant programs—housing and community development, Loan programs—housing and community development, Low and moderate income housing, Mortgage insurance, Mortgages, Rent subsidies, Reporting and recordkeeping requirements.

24 CFR Part 570

Administrative practice and procedure, American Samoa, Community development block grants, Grant programs—education, Grant programs—housing and community development, Guam, Indians, Loan programs—housing and community development, Low and moderate income housing, Northern Mariana Islands, Pacific Island Trust Territory, Puerto Rico, Reporting and recordkeeping requirements, Student aid, Virgin Islands.

24 CFR Part 573

Arson, Community facilities, Loan programs—housing and community development, Nonprofit organizations, Reporting and recordkeeping requirements.

24 CFR Part 574

Community facilities, Grant programs—housing and community development, Grant programs—social programs, HIV/AIDS, Low and moderate income housing, Reporting and recordkeeping requirements.

24 CFR Part 576

Community facilities, Grant programs—housing and community development, Grant programs—social programs, Homeless, Reporting and recordkeeping requirements.

24 CFR Part 578

Community facilities, Continuum of Care, Emergency solutions grants, Grant programs—housing and community development, Grant programs—social programs, Homeless, Rural housing, Reporting and recordkeeping requirements, Supportive housing programs— housing and community development, Supportive services.

24 CFR Part 582

Civil rights, Community facilities, Grant programs—housing and community development, Grant programs—social programs, Homeless, Individuals with disabilities, Mental health programs, Nonprofit organizations, Rent subsidies, Reporting and recordkeeping requirements.

24 CFR Part 583

Civil rights, Community facilities, Employment, Grant programs—housing and community development, Grant programs—social programs, Homeless, Indians, Individuals with disabilities, Mental health programs, Nonprofit organizations, Reporting and recordkeeping requirements, Technical assistance.

24 CFR Part 700

Aged, Grant programs—housing and community development, Grant programs—Indians, Indians, Individuals with disabilities, Low and moderate income housing, Public housing, Reporting and recordkeeping requirements.

24 CFR Part 761

Drug traffic control, Grant programs—housing and community development, Grant programs—Indians, Indians, Public housing, Reporting and recordkeeping requirements.

24 CFR Part 880

Grant programs—housing and community development, Rent subsidies, Reporting and recordkeeping requirements.

24 CFR Part 881

Grant programs—housing and community development, Rent subsidies, Reporting and recordkeeping requirements.

24 CFR Part 882

Grant programs—housing and community development, Homeless, Lead poisoning, Manufactured homes, Rent subsidies, Reporting and recordkeeping requirements.

24 CFR Part 883

Grant programs—housing and community development, Rent subsidies, Reporting and recordkeeping requirements.

24 CFR Part 884

Grant programs—housing and community development, Rent subsidies, Reporting and recordkeeping requirements, Rural areas.

24 CFR Part 886

Grant programs—housing and community development, Lead poisoning, Rent subsidies, Reporting and recordkeeping requirements.

24 CFR Part 891

Aged, Grant programs—housing and community development, Individuals with disabilities, Loan programs—housing and community development, Rent subsidies, Reporting and recordkeeping requirements.

24 CFR Part 902

Administrative practice and procedure, Public housing, Reporting and recordkeeping requirements.

24 CFR Part 905

Grant programs—housing and community development, Public housing, Reporting and recordkeeping requirements.

24 CFR Part 943

Public housing, Reporting and recordkeeping requirements.

24 CFR Part 963

Grant programs—housing and community development, Public housing, Reporting and recordkeeping requirements.

24 CFR Part 964

Grant programs—housing and community development, Public housing, Reporting and recordkeeping requirements.

24 CFR Part 965

Government procurement, Grant programs—housing and community development, Lead poisoning, Loan programs—housing and community development, Public housing, Reporting and recordkeeping requirements, Utilities.

24 CFR Part 970

Grant programs—housing and community development, Public housing, Reporting and recordkeeping requirements.

24 CFR Part 982

Grant programs—housing and community development, Grant programs—Indians, Indians, Public housing, Rent subsidies, Reporting and recordkeeping requirements.

24 CFR Part 990

Accounting, Grant programs—housing and community development, Public housing, Reporting and recordkeeping requirements.

24 CFR Part 1000

Aged, Community development block grants, Grant programs—housing and community development, Grant programs—Indians, Indians, Individuals with disabilities, Public housing, Reporting and recordkeeping requirements.

24 CFR Part 1003

Alaska, Community development block grants, Grant programs—housing and community development, Grant programs—Indians, Indians, Reporting and recordkeeping requirements.

24 CFR Part 1006

Community development block grants, Grant programs—housing and community development, Grant programs—Indians, Hawaiian Natives, Low and moderate income housing, Reporting and recordkeeping requirements.

Accordingly, for the reasons described in the preamble, HUD amends title 24 CFR parts 4, 5, 92, 115, 125, 135, 200, 202, 214, 236, 242, 248, 266, 401, 570, 573, 574, 576, 578, 582, 583, 700, 761, 880, 881, 882, 883, 884, 886, 891, 902, 905, 943, 963, 964, 965, 970, 982, 990, 1000, 1003, and 1006, as follows:

PART 4—HUD REFORM ACT 1. The authority citation for part 4 continues to read as follows: Authority:

42 U.S.C. 3535(d), 3537a, 3545.

2. Revise § 4.5(a) to read as follows:
§ 4.5 Notice and documentation of assistance subject to section 102(a).

(a) Notice. Before the Department solicits an application for assistance subject to Section 102(a), it will post a notice describing application procedures and selection criteria not less than 30 calendar days before the deadline by which applications must be submitted.

§ 4.9 [Amended]
3. Amend § 4.9(a)(1)(iii) by removing “24 CFR part 85” and adding in its place “2 CFR 200.80”.
PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS 4. The authority citation for part 5 continues to read as follows: Authority:

42 U.S.C. 1437a, 1437c, 1437d, 1437f, 1437n, 3535(d), Sec. 327, Pub. L. 109-115, 119 Stat. 2936, and Sec. 607, Pub. L. 109-162, 119 Stat. 3051.

§ 5.107 [Amended]
5. Amend § 5.107 by removing “revised OMB Circular A-133, `Audits of States, Local Governments and Non-profit Organizations' (see 24 CFR 84.26)” and adding in its place “2 CFR part 200, subpart F”.
§ 5.109 [Amended]
6. Amend § 5.109(g) by removing “(see, e.g., 24 CFR parts 84 and 85)” and adding in its place “(see, e.g., 2 CFR 200.311)”.
§ 5.801 [Amended]
7. Amend § 5.801(d)(1) by removing “OMB Circular A-133 (See 24 CFR 84.26)” and adding in its place “2 CFR part 200, subpart F”.
§ 5.1003 [Amended]
8. Amend § 5.1003 by removing “Data Universal Numbering System (DUNS)” and “DUNS number” wherever they appear and adding in their place “unique entity identifier”.
9. Amend § 5.1004 as follows: a. Revise the section heading; and b. Remove “Central Contractor Registration (CCR)” and “CCR” and add in their place “System of Award Management (SAM)” and “SAM in accordance with 2 CFR part 25, appendix A”, respectively.

The revision reads as follows:

§ 5.1004 System of award management.
PART 92—HOME INVESTMENT PARTNERSHIPS PROGRAM 10. The authority citation for part 92 continues to read as follows: Authority:

42 U.S.C. 3535(d) and 12701-12839

§ 92.2 [Amended]
11. In § 92.2, amend paragraph (6) of the definition of “Community housing development organization,” by removing “24 CFR 84.21, `Standards for Financial Management Systems;' ” and adding in its place “2 CFR 200.302, `Financial Management' and 2 CFR 200.303, `Internal Controls;' ”.
§ 92.64 [Amended]
12. Amend § 92.64(a)(2)(ii) by removing “24 CFR 85.21” and adding in its place “2 CFR 200.305”.
§ 92.204 [Amended]
13. Amend § 92.204(a)(2)(ii) by removing “24 CFR 85.21” and adding in its place “2 CFR 200.305”.
§ 92.207 [Amended]
14. Amend § 92.207(e) by removing “OMB Circulars A-87 or A-122, as applicable” and adding in its place “2 CFR part 200, subpart E.”
§ 92.214 [Amended]
15. Amend § 92.214(b)(2) by removing “2 CFR part 225 (OMB Circular A-87, entitled `Cost Principles for State, Local and Indian Tribal Governments')” and adding in its place “2 CFR 200.406”.
§ 92.220 [Amended]
16. Amend § 92.220(a)(1)(ii) by removing “24 CFR 85.26(b)” and adding in its place “2 CFR 200.80”.
§ 92.257 [Amended]
17. Amend § 92.257(e) by removing “(see 24 CFR parts 84 and 85)” and adding in its place “(see 2 CFR 200.311)”.
§ 92.351 [Amended]
18. Amend § 92.351(b) by removing “Section 85.36(e) of this title” and replacing with “Section 200.321 of title 2 Code of Federal Regulations”.
§ 92.356 [Amended]
19. Amend § 92.356(a) by: a. Removing “24 CFR 85.36 and 24 CFR 84.42, respectively,” and adding in its place “2 CFR 200.317 and 2 CFR 200.318”; and b. Removing “24 CFR 85.36 and 24 CFR 84.42” and adding in its place “2 CFR 200.317 and 200.318”.
20. Revise § 92.502(c)(2) to read as follows:
§ 92.502 Program disbursement and information system.

(c) * * *

(2) HOME funds drawn from the United States Treasury account must be expended for eligible costs within 15 days. Any interest earned within the 15-day period may be retained by the participating jurisdiction as HOME funds. Any funds that are drawn down and not expended for eligible costs within 15 days of the disbursement must be returned to HUD for deposit in the participating jurisdiction's United States Treasury account of the HOME Investment Trust Fund. Interest earned after 15 days belongs to the United States and must be remitted to the United States as provided in 2 CFR 200.305(b)(9), except interest amounts up to $500 per year may be retained for administrative expenses.

§ 92.504 [Amended]
21. Amend § 92.504 as follows: a. In paragraph (c)(1)(x) by: i. Removing “24 CFR 85.43” and adding in its place “2 CFR 200.338”; ii. Removing “for convenience” and adding in its place “in whole or in part”; and iii. Removing “24 CFR 85.44” and adding in its place “2 CFR 200.339”; and
b. In paragraph (c)(2)(ix) by: i. Removing “24 CFR 85.43” and adding in its place “2 CFR 200.338”; ii. Removing “for convenience” and adding in its place “in whole or in part”; and iii. Removing “24 CFR 85.44” and adding in its place “2 CFR 200.339”. 22. Revise § 92.505 to read as follows.
§ 92.505 Applicability of uniform administrative requirements.

The requirements of 2 CFR part 200 apply to participating jurisdictions, State recipients, and subrecipients receiving HOME funds, except for the following provisions: §§ 200.306, 200.307, 200.308 (not applicable to participating jurisdictions), 200.311 (except as provided in § 92.257), 200.312, 200.329, 200.333, and 200.334. The provisions of 2 CFR 200.305 apply as modified by § 92.502(c). If there is a conflict between definitions in 2 CFR part 200 and 24 CFR part 92, the definitions in 24 CFR part 92 govern.

§ 92.506 [Amended]
23. Amend § 92.506 by removing “24 CFR 84.26 and 85.26” and adding in its place “2 CFR part 200, subpart F”. 24. Revise § 92.507 to read as follows:
§ 92.507 Closeout.

HOME funds will be closed out in accordance with 2 CFR part 200, subpart D.

§ 92.508 [Amended]
25. Amend § 92.508 as follows: a. In paragraph (a)(3)(ii) remove “24 CFR 85.20” and add in its place “2 CFR 200.302”; b. In paragraph (a)(5)(i) add “, in accordance with 2 CFR 200.302,” after “Records”; and c. In paragraph (a)(5)(iv) remove “, in accordance with 24 CFR 85.20,” and add “and other records required by 2 CFR 200.302” at the end of the paragraph.
§ 92.551 [Amended]
26. Amend § 92.551(c)(2) by: a. Removing “24 CFR 85.12” and adding in its place “2 CFR 200.207”; and b. Adding “, including remedies under 2 CFR 200.338” at the end of the paragraph.
PART 115—CERTIFICATION AND FUNDING OF STATE AND LOCAL FAIR HOUSING ENFORCEMENT AGENCIES 27. The authority citation for part 115 continues to read as follows: Authority:

42 U.S.C. 3601-19; 42 U.S.C. 3535(d).

28. Revise § 115.308(e) to read as follows:
§ 115.308 Reporting and recordkeeping requirements.

(e) All files will be kept in such fashion as to permit audits under 2 CFR part 200, subpart F.

PART 125—FAIR HOUSING INITIATIVES PROGRAM 29. The authority citation for part 125 continues to read as follows: Authority:

42 U.S.C. 3535(d), 3616 note.

§ 125.104 [Amended]
30. Amend § 125.104(g) by removing “part 44 or part 45, as appropriate, of this title” and adding in its place “2 CFR part 200, subpart F.”
PART 135—ECONOMIC OPPORTUNITIES FOR LOW- AND VERY LOW-INCOME PERSONS 31. The authority citation for part 135 continues to read as follows: Authority:

12 U.S.C. 1701u; 42 U.S.C. 3535(d).

§ 135.11 [Amended]
32. Amend § 135.11 as follows: a. In paragraph (a), remove “(24 CFR 85.36)” from the paragraph heading and add in its place “2 CFR part 200, subpart D”; b. In paragraph (a)(1), remove “24 CFR 85.36(c)” and “24 CFR 85.36(c)(2)” and add in their place “2 CFR 200.319”; c. In paragraph (a)(2), remove “24 CFR 85.36(d)” and add in its place “2 CFR 200.320”; and d. In paragraph (b), remove “OMB Circular No. A-110” everywhere it appears and add in its place “2 CFR part 200, subpart D”.
§ 135.36 [Amended]
33. Amend § 135.36(c) by removing “24 CFR 85.36 (see 24 CFR 85.36(b)(8)).)” and adding in its place “2 CFR 200.318(h).)”.
Appendix to Part 135 [Amended] 34. Amend the appendix to part 135 as follows: a. In section III, introductory text, remove “24 CFR 85.36(d)” and add in its place “2 CFR 200.320”; and b. In section III, paragraph (3)(i), remove “(24 CFR 85.36(d)(3))” and add in its place “(2 CFR 200.320)”. PART 200—INTRODUCTION TO FHA PROGRAMS 35. The authority citation for part 200 continues to read as follows: Authority:

12 U.S.C. 1702-1715z-21; 42 U.S.C. 3535(d).

36. Revise § 200.11 to read as follows:
§ 200.11 Audit requirements for State and local governments as mortgagees.

Requirements set forth in 2 CFR part 200, subpart F, apply to State and local governments (as defined at 2 CFR 200.90 and 200.64, respectively) that receive mortgage insurance as mortgagees.

PART 202—APPROVAL OF LENDING INSTITUTIONS AND MORTGAGEES 37. The authority citation for part 202 continues to read as follows: Authority:

12 U.S.C. 1703, 1709, and 1715b; 42 U.S.C. 3535(d).

38. Revise § 202.10(c) to read as follows:
§ 202.10 Governmental institutions, Government-sponsored enterprises, public housing agencies and State housing agencies.

(c) Audit requirements. The insuring of loans and mortgages under the Act constitutes “Federal financial assistance” (as defined in 2 CFR 200.40) for purposes of audit requirements set out in 2 CFR part 200, subpart F. Non-Federal entities (as defined in 2 CFR 200.69) that receive insurance as lenders and mortgagees shall conduct audits in accordance with 2 CFR part 200, subpart F.

PART 214—HOUSING COUNSELING PROGRAM 39. The authority citation for part 214 is revised to read as follows: Authority:

12 U.S.C. 1701x, 1701x-1; 42 U.S.C. 3535(d).

§ 214.103 [Amended]
40. Amend § 214.103 as follows: a. In paragraph (e), remove “24 CFR 1.6, 24 CFR 84.21, and 24 CFR 121” and add in its place “2 CFR part 200, subpart D, 24 CFR 1.6, and 24 CFR part 121”; b. In paragraph (i)(2), remove “24 CFR part 84 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations) and 24 CFR part 85 (Administrative Requirements for Grants and Cooperative Agreements to States, Local and Federally Recognized Indian Tribal Governments), as applicable, and with the OMB Circulars described therein” and add in its place “2 CFR part 200”.
§ 214.315 [Amended]
41. Amend § 214.315(a) by removing “24 CFR 1.6, 24 CFR 84.21, and 24 CFR part 121” and adding in its place “2 CFR part 200, subpart D, 24 CFR 1.6, and 24 CFR part 121”.
§ 214.500 [Amended]
42. Amend § 214.500 by removing “24 CFR parts 84 and 85” and adding in its place “2 CFR part 200, subpart F”.
PART 236—MORTGAGE INSURANCE AND INTEREST REDUCTION PAYMENT FOR RENTAL PROJECTS 43. The authority citation for part 236 continues to read as follows: Authority:

12 U.S.C. 1715b, 1715z-1, and 1735d; 42 U.S.C. 3535(d).

§ 236.901 [Amended]
44. Amend § 236.901 by removing “24 CFR part 44” and adding in its place “2 CFR part 200, subpart F”.
PART 242—MORTGAGE INSURANCE FOR HOSPITALS 45. The authority citation for part 242 continues to read as follows: Authority:

12 U.S.C. 1709, 1710, 1715b, 1715n(f), and 1715u; 42 U.S.C. 3535(d).

§ 242.58 [Amended]
46. Amend § 242.58(c)(1) by removing “OMB Circular A-133 (Audits of states, local governments, and nonprofit organizations)” and adding in its place “2 CFR part 200, subpart F”.
PART 248—PREPAYMENT OF LOW INCOME HOUSING MORTGAGES 47. The authority citation for part 248 continues to read as follows: Authority:

12 U.S.C. 17151 note, 4101 note, and 4101-4124; 42 U.S.C. 3535(d).

§ 248.101 [Amended]
48. In § 248.101, amend paragraph (6) of the definition of “Community-Based Nonprofit Organization” by removing “Attachment F of OMB Circular No. A-110 (Rev.) `Standards for Financial Management Systems' ” and adding in its place “2 CFR 200.302 and 200.303”.
§ 248.173 [Amended]
49. Amend § 248.173(q) by removing “part 45 of this title” and adding in its place “2 CFR part 200, subpart F,”.
PART 266—HOUSING FINANCE AGENCY RISK-SHARING PROGRAM FOR INSURED AFFORDABLE MULTIFAMILY PROJECT LOANS 50. The authority citation for part 266 continues to read as follows: Authority:

12 U.S.C. 1707; 42 U.S.C. 3535(d).

§ 266.510 [Amended]
51. Amend § 266.510(c) by removing “24 CFR part 85.26” and adding in its place “2 CFR part 200, subpart F”.
PART 401—MULTIFAMILY HOUSING MORTGAGE AND HOUSING ASSISTANCE RESTRUCTURING PROGRAM (MARK-TO-MARKET) 52. The authority citation for part 401 continues to read as follows: Authority:

12 U.S.C. 1715z-1 and 1735f-18(b); 42 U.S.C. 1437(c)(8), 1437f(t) note, and 3535(d).

§ 401.302 [Amended]
53. Amend § 401.302(a) by removing “Parts 84 and 85 of this title” and adding in its place “Part 200 of 2 CFR”.
PART 570—COMMUNITY DEVELOPMENT BLOCK GRANTS 54. The authority citation for part 570 continues to read as follows: Authority:

42 U.S.C. 3535(d) and 5301-5320.

55. Amend § 570.200 by: a. In paragraph (a)(5) introductory text: i. Removing “OMB Circulars A-87, `Cost Principles for State, Local and Indian Tribal Governments'; A-122, `Cost Principles for Non-profit Organizations'; or A-21, `Cost Principles for Educational Institutions,' as applicable” and adding in its place “2 CFR part 200, subpart E”; ii. Removing footnote 1; iii. Removing “Attachment B of these Circulars” and adding in its place “2 CFR part 200, subpart E,”; and iv. Removing “Attachment A of such circulars” and adding in its place “2 CFR part 200, subpart E,”; b. In paragraph (a)(5)(i), removing “HUD's specific approval or, if charged through a cost allocation plan” and adding in its place “the approval of”; c. In paragraph (a)(5)(ii), removing “and penalties (including punitive damages)” and adding in its place “penalties, damages, and other settlements”; d. Redesignating paragraph (a)(5)(iii) as paragraph (a)(5)(v); e. Adding paragraphs (a)(5)(iii) and (iv); f. In paragraph (d)(2), removing “24 CFR 85.36” and adding in its place “2 CFR part 200, subpart D”; g. In paragraph (f)(1)(i)(B), removing “24 CFR 85.36” and adding in its place “2 CFR part 200, subpart D”; and h. In paragraph (j)(5), removing “(see 24 CFR parts 84 and 85)” and adding in its place “(see 2 CFR 200.311)”.

The additions read as follows:

§ 570.200 General policies.

(a) * * *

(5) * * *

(iii) Costs of housing (e.g., depreciation, maintenance, utilities, furnishings, rent), housing allowances and personal living expenses (goods or services for personal use) regardless of whether reported as taxable income to the employees (2 CFR 200.445);

(iv) Organization costs (2 CFR 200.455); and

§ 570.206 [Amended]
56. Amend § 570.206(e) by removing “OMB Circular A-21, A-87, or A-122 as applicable” and adding in its place “2 CFR part 200, subpart E”.
§ 570.207 [Amended]
57. Amend § 570.207 as follows: a. In paragraph (a)(2), remove “OMB Circular A-87” and add in its place “2 CFR part 200, subpart E”; b. In paragraph (b)(1)(i), remove “, depreciation, or use allowances pursuant to OMB Circulars A-21, A-87 or A-122” and add in its place “or depreciation pursuant to 2 CFR part 200, subpart E,”; and c. In paragraph (b)(1)(iii), remove “or use allowances (in accordance with OMB Circulars A-21, A-87 or A-122, as applicable)” and add in its place “in accordance with 2 CFR part 200, subpart E,”.
§ 570.402 [Amended]
58. Amend § 570.402 as follows: a. In paragraph (a)(1), remove the last sentence of the paragraph; and b. In paragraph (a)(2), remove “OMB Circulars” and add in its place “2 CFR part 200”.
§ 570.415 [Amended]
59. Amend § 570.415(k)(3)(iii) by removing “OMB Circulars A-101 and A-110” and adding in its place “2 CFR part 200”. 60. Revise § 570.416(j)(2) to read as follows:
§ 570.416 Hispanic-serving institutions work study program.

(j) * * *

(2) Uniform administrative requirements. Recipients under HSI-WSP shall comply with the requirements and standards of 2 CFR part 200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.” Audits in accordance with 2 CFR part 200, subpart F, shall be conducted annually.

61. Amend § 570.489 as follows: a. In paragraph (d)(1)(i), add “and the terms and conditions of the award” at the end of the paragraph; b. In paragraph (d)(2)(iii), remove “24 CFR part 85 `Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments.'” and add in its place “2 CFR part 200.”; c. In paragraph (d)(2)(iii)(A), remove “part 85” and add in its place “2 CFR part 200”; d. In paragraph (d)(2)(iii)(B), remove “part 85 of this title” and “part 84 of this title, `Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations,' as applicable” and add in their place “2 CFR part 200”; e. In paragraph (j), remove “(24 CFR 85.36, `Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments')” and add in its place “(2 CFR 200.88)”; f. Redesignate paragraphs (m) and (n) as paragraphs (n) and (p), respectively; g. Add paragraph (m); and h. Revise newly redesignated paragraphs (n) and (p).

The revision and additions to read as follows:

§ 570.489 Program administrative requirements.

(m) Subrecipient monitoring and management. The provisions of 2 CFR 200.330 through 200.332 are applicable.

(n) Audits. Notwithstanding any other provision of this title, audits of a State and units of general local government shall be conducted in accordance with 2 CFR part 200, subpart F, which implements the Single Audit Act. States shall develop and administer an audits management system to ensure that audits of units of general local government are conducted in accordance with 2 CFR part 200, subpart F.

(p) Cost principles and prior approval. A State must ensure that costs incurred by the State and by its recipients are in conformance with 2 CFR part 200, subpart E. All cost items described in 2 CFR part 200, subpart E, that require Federal agency approval are allowable without prior approval of HUD, to the extent that they otherwise comply with the requirements of 2 CFR part 200, subpart E, and are otherwise eligible, except for the following:

(1) Depreciation methods for fixed assets shall not be changed without the express approval of the cognizant Federal agency (2 CFR 200.436).

(2) Fines, penalties, damages, and other settlements are unallowable costs to the CDBG program (2 CFR 200.441).

(3) Costs of housing (e.g., depreciation, maintenance, utilities, furnishings, rent), housing allowances, and personal living expenses (goods or services for personal use) regardless of whether reported as taxable income to the employees (2 CFR 200.445).

(4) Organization costs (2 CFR 200.455).

§ 570.490 [Amended]
62. Amend § 570.490(a)(1) by removing “24 CFR part 85” and adding in its place “2 CFR 200, subpart F”.
§ 570.500 [Amended]
63. Amend § 570.500(c) by removing “24 CFR 85.36 or 84.40, as applicable” and adding in its place “2 CFR part 200, subpart D”.
64. Revise § 570.502 to read as follows:
§ 570.502 Applicability of uniform administrative requirements.

(a) Grantees and subrecipients shall comply with 2 CFR part 200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”, except that:

(1) Section 200.305 “Payment” is modified for lump sum drawdown for financing of property rehabilitation activities, in accordance with § 570.513.

(2) Section 200.306 “Cost sharing or matching” does not apply.

(3) Section 200.307 “Program income” does not apply. Program income is governed by § 570.504.

(4) Section 200.308 “Revisions of budget and program plans” does not apply.

(5) Section 200.311 “Real property” does not apply, except as provided in § 570.200(j). Real property is governed by § 570.505.

(6) Section 200.313 “Equipment” applies, except that when the equipment is sold, the proceeds shall be program income. Equipment not needed by the subrecipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient.

(7) Section 200.333 “Retention requirements for records” applies except that:

(i) For recipients:

(A) The period shall be 4 years from the date of execution of the closeout agreement for a grant, as further described in this part;

(B) Records for individual activities subject to the reversion of assets provisions at § 570.503(b)(7) or the change of use provisions at § 570.505 must be maintained for 3 years after those provisions no longer apply to the activity;

(C) Records for individual activities for which there are outstanding loan balances, other receivables, or contingent liabilities must be retained for 3 years after the receivables or liabilities have been satisfied.

(ii) For subrecipients:

(A) The retention period for individual CDBG activities shall be the longer of 3 years after the expiration or termination of the subrecipient agreement under § 570.503, or 3 years after the submission of the annual performance and evaluation report, as prescribed in § 91.520 of this title, in which the specific activity is reported on for the final time;

(B) Records for individual activities subject to the reversion of assets provisions at § 570.503(b)(7) or change of use provisions at § 570.505 must be maintained for as long as those provisions continue to apply to the activity; and

(C) Records for individual activities for which there are outstanding loan balances, other receivables, or contingent liabilities must be retained until such receivables or liabilities have been satisfied.

(8) Section 200.343 “Closeout” applies to closeout of subrecipients.

(b) [Reserved]

65. Amend § 570.503 by: a. In paragraph (b)(4), removing “administrative” everywhere it appears; and b. Revising paragraph (b)(6).

The revision reads as follows:

§ 570.503 Agreements with subrecipients.

(b) * * *

(6) Suspension and termination. The agreement shall set forth remedies for noncompliance and provisions on termination in accordance with 2 CFR part 200, subpart D.

§ 570.508 [Amended]
66. Amend § 570.508 by removing “24 CFR 85.42(f)” and adding in its place “2 CFR 200.337”.
§ 570.509 [Amended]
67. Amend § 570.509 as follows: a. In paragraph (e), remove “24 CFR 85.44” and add in its place “2 CFR 200.339”; and b. In paragraph (f), remove “24 CFR 85.43(c)” and add in its place “2 CFR 200.342”.
§ 570.511 [Amended]
68. Amend § 570.511(a)(2) by removing “24 CFR 85.36” and adding in its place “2 CFR part 200, subpart D”.
69. Revise § 570.610 to read as follows:
§ 570.610 Uniform administrative requirements, cost principles, and audit requirements for Federal awards.

The recipient, its agencies or instrumentalities, and subrecipients shall comply with 2 CFR part 200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”, as set forth at § 570.502.

§ 570.611 [Amended]
70. Amend § 570.611 as follows: a. In paragraph (a)(1), remove “24 CFR 85.36 and 24 CFR 84.42, respectively,” and add in its place “2 CFR 200.317 and 200.318”; and b. In paragraph (a)(2), remove “24 CFR 85.36 and 84.42” and add in its place “2 CFR 200.317 and 200.318”.
§ 570.904 [Amended]
71. Amend § 570.904(d) by removing “24 CFR 85.36(e)” and both instances of “§ 85.36(e) of this chapter” and adding in their place “2 CFR 200.321”.
PART 573—LOAN GUARANTEE RECOVERY FUND 72. The authority citation for part 573 continues to read as follows: Authority:

Pub. L. 104-155, 110 Stat. 1392, 18 U.S.C. 241 note; 42 U.S.C. 3535(d).

§ 573.9 [Amended]
73. Amend § 573.9(b) by removing “2 CFR part 84” everywhere it appears and adding in its place “2 CFR part 200”.
PART 574—HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS 74. The authority citation for part 574 continues to read as follows: Authority:

42 U.S.C. 3535(d) and 12901-12912.

§ 574.3 [Amended]
75. In § 574.3, amend the definition of “Project sponsor” by removing “24 CFR 85.36” and adding in its place “2 CFR part 200, subpart D”.
§ 574.300 [Amended]
76. Amend § 574.300(c)(5) by removing “24 CFR parts 84 and 85” and adding in its place “2 CFR 200.311”.
§ 574.500 [Amended]
77. Amend § 574.500(c) by: a. Removing “24 CFR 85.43” and adding in its place “2 CFR part 200, subpart D”; and b. Removing “paragraph (a) of that section” and adding in its place “2 CFR 200.338”.
78. Revise § 574.605 to read as follows:
§ 574.605 Applicability of uniform administrative requirements, cost principles, and audit requirements for Federal awards.

The provisions of 2 CFR part 200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”, apply to HOPWA grants.

§ 574.625 [Amended]
79. In § 574.625, amend paragraph (a) by removing “OMB Circular A-102 and 24 CFR 85.36(b)(3)” and adding in its place “2 CFR 200.317 (for recipients and subrecipients that are States) and 2 CFR 200.318 (for recipients and subrecipients that are not States)”.
80. Revise § 574.650 to read as follows:
§ 574.650 Audit.

Grantees and project sponsors are subject to the audit requirements set forth in 2 CFR part 200, subpart F.

PART 576—EMERGENCY SOLUTIONS GRANTS PROGRAMS 81. The authority citation for part 576 continues to read as follows: Authority:

42 U.S.C. 11371 et seq., 42 U.S.C. 3535(d).

§ 576.2 [Amended]
82. In § 576.2, amend the definition of “Program income” by removing “24 CFR 85.25” and adding in its place “2 CFR 200.80”.
§ 576.100 [Amended]
83. Amend § 576.100(d) by removing “OMB Circulars A-87 (2 CFR 225) and A-122 (2 CFR 230)” and adding in its place “2 CFR part 200, subpart E,”.
§ 576.109 [Amended]
84. Amend § 576.109 as follows: a. In paragraph (a), remove “OMB Circular A-87 (2 CFR part 225), or A-122 (2 CFR part 230), as applicable” and add in its place “2 CFR part 200, subpart E”; and b. In paragraph (b), remove “an indirect cost rate proposal developed in accordance with OMB Circular A-87 (2 CFR part 225), or A-122 (2 CFR part 230), as applicable” and add in its place “2 CFR part 200, subpart E”.
§ 576.200 [Amended]
85. Amend § 576.200(a) by removing “24 CFR 85.12” and adding in its place “2 CFR 200.207”.
86. Revise § 576.201(a), (b), and (c) to read as follows:
§ 576.201 Matching requirement.

(a) The recipient must make matching contributions to supplement the recipient's ESG program in an amount that equals the recipient's fiscal year grant for ESG. This amount may include contributions to any project under the recipient's ESG program, including any subrecipient's ESG project, if the requirements in this section are met. The first $100,000 of a State's fiscal year grant is not required to be matched, but the benefit of this exception must pass to the state's subrecipients that are least capable of providing matching contributions. The match requirements under this section do not apply if the recipient is a territory.

(b) To be recognized as match for ESG, each contribution must meet the requirements under 2 CFR 200.306, except that:

(1) Notwithstanding 2 CFR 200.306(b)(4), matching contributions are not subject to the expenditure limits in § 576.100; and

(2) Notwithstanding 2 CFR 200.306(b)(5), the recipient may use funds from another Federal program as match for ESG, unless doing so would violate a specific statutory prohibition or the recipient or subrecipient counts ESG funds as match for that program.

(c) The recipient may count as match the value specified in 2 CFR 200.306(d) for any building the recipient or subrecipient donates for long-term use in the recipient's ESG program, provided that depreciation on the building is not counted as match or charged to any Federal award. If a third party donates a building to the recipient or subrecipient, the recipient may count as match either depreciation of the building and fair rental charges for the land for each year the building is used for the recipient's ESG program or, if the building is donated for long-term use in the recipient's ESG program, the fair market value of the capital assets, as specified in 2 CFR 200.306(h)(2), (i), and (j). To qualify as a donation for long-term use, the donation must be evidenced by a recorded deed or use restriction that is effective for at least 10 years after the donation date. If the donated building is renovated with ESG funds, the minimum period of use under § 576.102(c) may increase the period for which the building must be used in the recipient's ESG program.

87. In § 576.404, add a sentence at the end of paragraph (a) and revise paragraph (b) introductory text to read as follows:
§ 576.404 Conflicts of interest.

(a) * * * Recipients and subrecipients must also maintain written standards of conduct covering organizational conflicts of interest required under 2 CFR 200.318.

(b) Individual conflicts of interest. For the procurement of goods and services, the recipient and its subrecipients must comply with 2 CFR 200.317 and 200.318. For all other transactions and activities, the following restrictions apply:

§ 576.406 [Amended]
88. Amend § 576.406(e) by: a. Removing “Solutions ESG funds” and adding in its place “ESG funds”; and b. Removing “(see 24 CFR parts 84 and 85)” and adding in its place “(see 2 CFR 200.311)”.
89. Revise § 576.407(c) to read as follows:
§ 576.407 Other Federal requirements.

(c) Uniform requirements. The requirements of 2 CFR part 200 apply to the recipient and subrecipients, and:

(1) Program income may be used as matching contributions, subject to the requirements in § 576.201;

(2) The disposition of real property for which ESG funds are used for major rehabilitation, conversion, or other renovation under § 576.102 is governed by the minimum period of use requirements under § 576.102(c).

90. Amend § 576.500 as follows: a. In paragraph (a), add at the end of the first sentence “, including those required by 2 CFR part 200”; b. In paragraph (s)(2), remove “24 CFR part 85 (for governments) and 24 CFR part 84 (for nonprofit organizations)” and add in its place “2 CFR part 200”; c. In paragraph (u)(2), remove “§ 576.101-§ 576.109 and the cost principles in OMB Circulars A-87 (2 CFR part 225) and A-122 (2 CFR part 230)” and add in its place “§§ 576.101 through 576.109, financial management in 2 CFR 200.302, and the cost principles in 2 CFR part 200, subpart E”; d. In paragraph (v)(2), remove “24 CFR 85.36 and 24 CFR 84.40-84.48” and add in its place “2 CFR part 200, subpart D”; e. Revise paragraph (z)(1); and f. In paragraph (aa), remove “24 CFR parts 85 and 91” and add in its place “2 CFR part 200 and 24 CFR part 91”.

The revision reads as follows:

§ 576.500 Recordkeeping and reporting requirements.

(z) * * *

(1) Federal Government rights. Notwithstanding the confidentiality procedures established under paragraph (x) of this section, the recipient and its subrecipients must comply with the requirements for access to records in 2 CFR 200.336.

PART 578—CONTINUUM OF CARE PROGRAM 91. The authority citation for part 578 continues to read as follows: Authority:

42 U.S.C. 11371 et seq., 42 U.S.C. 3535(d).

§ 578.11 [Amended]
92. Amend § 578.11 as follows: a. In paragraph (b)(2), remove “24 CFR 84.21 (for nonprofit organizations) and 24 CFR 85.20 (for States)” and add in its place “2 CFR 200.302”; and b. In paragraph (c)(3), remove “24 CFR parts 84 and 85 and corresponding OMB circulars” and add in its place “2 CFR part 200, subpart D”.
§ 578.63 [Amended]
93. Amend § 578.63 as follows: a. In paragraph (a), remove “OMB Circulars A-87 or A-122, as applicable” and add in its place “2 CFR part 200, subpart E”; b. In paragraph (b): i. Remove “subpart D” and add in its place “this subpart”; and ii. Remove “OMB Circulars A-87 or A-122, as applicable” and add in its place “2 CFR part 200, subpart E”.
94. Amend § 578.73 as follows: a. In paragraph (b), revise the first sentence; b. In paragraph (c)(2), remove “24 CFR 84.23 and 85.24” and add in its place “2 CFR 200.306, with the exception of § 200.306(b)(5)”.

The revision reads as follows:

§ 578.73 Matching requirements.

(b) Cash sources. Notwithstanding 2 CFR 200.306(b)(5), a recipient or subrecipient may use funds from any source, including any other federal sources (excluding Continuum of Care program funds), as well as State, local, and private sources, provided that funds from the source are not statutorily prohibited to be used as a match. * * *

§ 578.87 [Amended]
95. Amend § 578.87(b)(5) by removing “24 CFR parts 84 and 85” and adding in its place “2 CFR 200.311”.
§ 578.95 [Amended]
96. Amend § 578.95(a) by: a. Removing “codes of conduct” and adding in its place “standards of conduct”; and b. Removing “24 CFR 85.36 (for governments) and 24 CFR 84.42 (for private nonprofit organizations)” and adding in its place “2 CFR 200.317 and 200.318”.
97. Revise § 578.99(e) and (g) to read as follows:
§ 578.99 Applicability of other federal requirements.

(e) Applicability of uniform administrative requirements, cost principles, and audit requirements for Federal awards. The requirements of 2 CFR part 200 apply to recipients and subrecipients, except where inconsistent with the provisions of the McKinney-Vento Act or this part.

(g) Audit. Recipients and subrecipients must comply with the audit requirements of 2 CFR part 200, subpart F.

§ 578.103 [Amended]
98. Amend § 578.103 as follows: a. In paragraph (a)(16)(iii), remove “24 CFR 85.36 and 24 CFR part 84” and add in its place “2 CFR part 200, subpart D”; and b. In paragraph (e), remove “24 CFR parts 84 and 85” and add in its place “2 CFR part 200, subpart D”.
§ 578.109 [Amended]
99. Amend § 578.109(a) by removing “24 CFR parts 84 and 85” and adding in its place “2 CFR part 200, subpart D”.
PART 582—SHELTER PLUS CARE 100. The authority citation for part 582 continues to read as follows: Authority:

42 U.S.C. 3535(d) and 11403-11407b.

101. Amend § 582.340 as follows: a. Revise the heading for paragraph (a) and remove footnote 1; b. Revise paragraph (a)(1); c. In paragraph (a)(2): i. Remove “24 CFR part 44” and add in its place “2 CFR part 200, subpart F”; and ii. Remove “24 CFR part 45” and add in its place “2 CFR part 200, subpart F”; and d. In paragraph (b)(1), add “(as revised April 1, 2013)” after “24 CFR part 85”.

The revisions read as follows:

§ 582.340 Other Federal requirements.

(a) Uniform requirements. (1) The policies, guidelines, and requirements of 24 CFR part 85 (as revised April 1, 2013) apply to the acceptance and use of assistance under the program by governmental entities and 24 CFR part 84 (as revised April 1, 2013) apply to the acceptance and use of assistance by private nonprofit organizations, except where inconsistent with provisions of the McKinney Act, other Federal statutes, or this part.

PART 583—SUPPORTIVE HOUSING PROGRAM 102. The authority citation for part 583 continues to read as follows: Authority:

42 U.S.C. 11389 and 3535(d).

§ 583.150 [Amended]
103. Amend § 583.150(b)(5) by adding “(as revised April 1, 2013)” after “24 CFR parts 84 and 85”.
104. Amend § 583.330 as follows: a. Revise paragraph (c); b. In paragraph (e)(1), add “(as revised April 1, 2013)” after “24 CFR part 85”; and c. In paragraph (f), remove “24 CFR part 44 or part 45, as applicable” and add in its place “2 CFR part 200, subpart F”.

The revision reads as follows:

§ 583.330 Applicability of other Federal requirements.

(c) Uniform requirements. The policies, guidelines, and requirements of 24 CFR part 85 (as revised April 1, 2013) apply to the award, acceptance, and use of assistance under the program by governmental entities, and 24 CFR part 84 (as revised April 1, 2013) apply to the acceptance and use of assistance by private nonprofit organizations, except where inconsistent with the provisions of the McKinney Act, other Federal statutes, or this part.

PART 700—CONGREGATE HOUSING SERVICES PROGRAM 105. The authority citation for part 700 continues to read as follows: Authority:

42 U.S.C. 3535(d) and 8011.

§ 700.115 [Amended]
106. Amend § 700.115 as follows: a. In paragraph (a)(2), remove “OMB Cost Policies, i.e., OMB Circular A-87, 24 CFR 85.36, and OMB Circular A-128” and add in its place “2 CFR part 200, subpart E”; and b. In paragraph (b)(2)(viii), remove “OMB Circular A-87 or 122” and add in its place “2 CFR part 200, subpart E”.
107. Amend § 700.175 as follows: a. Revise paragraph (a); and b. In paragraph (b), remove “OMB Circular A-87 and 24 CFR part 85” and add in its place “2 CFR 200.112 (for all recipients and subrecipients); 200.317 (for recipients and subrecipients that are States); and 200.318(c) and 200.319(a)(5) (for recipients and subrecipients that are not States)”.

The revision reads as follows:

§ 700.175 Other Federal requirements.

(a) Uniform administrative requirements, cost principles, and audit requirements for Federal awards. The policies, guidelines, and requirements in 2 CFR part 200, including the audit requirements described in subpart F, apply to the acceptance and use of assistance under this program.

PART 761—DRUG ELIMINATION PROGRAMS 108. The authority citation for part 761 continues to read as follows: Authority:

42 U.S.C. 3535(d) and 11901 et seq.

§ 761.30 [Amended]
109. Amend § 761.30(a) by removing “24 CFR part 85 (as applicable)” and adding in its place “2 CFR part 200”.
§ 761.35 [Amended]
110. Amend § 761.35 as follows: a. In paragraph (a)(1), remove “24 CFR part 85.40(b)(1)(2) and 85.50(b)” and add in its place “2 CFR 200.328”; and b. In paragraph (c)(1), remove “24 CFR part 85.41 (b) and (c)” and add in its place “2 CFR 200.327”.
§ 761.40 [Amended]
111. Amend § 761.40(d) introductory text by removing “24 CFR part 85” and adding in its place “2 CFR 200.112 (for all recipients and subrecipients), 200.317 (for recipients and subrecipients that are States), and 200.318(c) and 200.319(a)(5) (for recipients and subrecipients that are not States)”.
PART 880—SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR NEW CONSTRUCTION 112. The authority citation for part 880 continues to read as follows: Authority:

42 U.S.C. 1437a, 1437c, 1437f, 3535(d), 12701, and 13611-13619.

113. Revise § 880.211 to read as follows:
§ 880.211 Audit.

Where a non-Federal entity (as defined in 2 CFR 200.69) is the eligible owner of a project or a contract administrator under § 880.505 receiving financial assistance under this part, the audit requirements in 2 CFR part 200, subpart F, shall apply.

PART 881—SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM FOR SUBSTANTIAL REHABILITATION 114. The authority citation for part 881 continues to read as follows: Authority:

42 U.S.C. 1437a, 1437c, 1437f, 3535(d), 12701, and 13611-13619.

115. Revise § 881.211 to read as follows:
§ 881.211 Audit.

(a) Where a non-Federal entity (as defined in 2 CFR 200.69) is the eligible owner of a project or a contract administrator under § 881.505 receiving financial assistance under this part, the audit requirements in 2 CFR part 200, subpart F, shall apply.

PART 882—SECTION 8 MODERATE REHABILITATION PROGRAMS 116. The authority citation for part 882 continues to read as follows: Authority:

42 U.S.C. 1437f and 3535(d).

§ 882.124 [Amended]
117. Amend § 882.124 by removing “24 CFR part 44” and adding in its place “2 CFR part 200, subpart F”.
§ 882.516 [Amended]
118. In § 882.516, amend paragraph (e) by removing “guidelines prescribed by 24 CFR part 44” and adding in its place “2 CFR part 200, subpart F”.
PART 883—SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM—STATE HOUSING AGENCIES 119. The authority citation for part 883 continues to read as follows: Authority:

42 U.S.C. 1437a, 1437c, 1437f, 3535(d), and 13611-13619.

120. Revise § 883.313 to read as follows:
§ 883.313 Audit.

Where housing assistance under the Section 8 Program is provided for projects developed or owned by non-Federal entities (as defined in 2 CFR 200.69), the audit requirements in 2 CFR part 200, subpart F, shall apply.

PART 884—SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM, NEW CONSTRUCTION SET-ASIDE FOR SECTION 515 RURAL RENTAL HOUSING PROJECTS 121. The authority citation for part 884 continues to read as follows: Authority:

42 U.S.C. 1437a, 1437c, 1437f, 3535(d), and 13611-13619.

122. Revise § 884.124 to read as follows:
§ 884.124 Audit.

Where a non-Federal entity (as defined in 2 CFR 200.69) is the eligible owner of a project, or is a contract administrator under § 884.119 or § 884.120, receiving financial assistance under this part, the audit requirements in 2 CFR part 200, subpart F, shall apply.

PART 886—SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM—SPECIAL ALLOCATIONS 123. The authority citation for part 886 continues to read as follows: Authority:

42 U.S.C. 1437a, 1437c, 1437f, 3535(d), and 13611-13619.

124. Revise § 886.131 to read as follows:
§ 886.131 Audit.

Where a non-Federal entity (as defined in 2 CFR 200.69) is the eligible owner of a project, or is a contract administrator under § 886.120, receiving financial assistance under this part, the audit requirements in 2 CFR part 200, subpart F, shall apply.

125. Revise § 886.336 to read as follows:
§ 886.336 Audit.

Where a non-Federal entity (as defined in 2 CFR 200.69) is the eligible owner of a project receiving financial assistance under this part, the audit requirements in 2 CFR part 200, subpart F, shall apply.

PART 891—SUPPORTIVE HOUSING FOR THE ELDERLY AND PERSONS WITH DISABILITIES 126. The authority citation for part 891 continues to read as follows: Authority:

12 U.S.C. 1701q; 42 U.S.C. 1437f, 3535(d), and 8013.

§ 891.160 [Amended]
127. Amend § 891.160 by removing “24 CFR 5.107” and adding in its place “2 CFR part 200, subpart F”.
§ 891.515 [Amended]
128. Amend § 891.515 by removing “24 CFR part 45” and adding in its place “2 CFR part 200, subpart F”.
PART 902—PUBLIC HOUSING ASSESSMENT SYSTEM 129. The authority citation for part 902 continues to read as follows: Authority:

42 U.S.C. 1437d(j), 42 U.S.C. 3535(d).

§ 902.33 [Amended]
130. Amend § 902.33 as follows: a. In paragraph (c), remove “OMB Circular A-133 (see 24 CFR 85.26)” and add in its place “2 CFR part 200, subpart F”; and b. In paragraph (d), remove “OMB Circular A-133” and add in its place “2 CFR part 200, subpart F,”.
§ 902.60 [Amended]
131. Amend § 902.60(c)(1) by removing “OMB Circular A-133” and adding in its place “2 CFR part 200, subpart F,”.
§ 902.62 [Amended]
132. Amend § 902.62(a)(3) by removing “OMB Circular A-133 (see 24 CFR 85.26)” and adding in its place “2 CFR part 200, subpart F”.
§ 902.64 [Amended]
133. Amend § 902.64(c)(2)(iii) by removing “OMB Circular A-133” and adding in its place “2 CFR part 200, subpart F”.
§ 902.71 [Amended]
134. Amend § 902.71(b) by removing “(see 24 CFR 85.36)” and adding in its place “(see 2 CFR 200.319, as applicable)”.
PART 905—THE PUBLIC HOUSING CAPITAL FUND PROGRAM 135. The authority citation for part 905 continues to read as follows: Authority:

42 U.S.C. 1437g, 42 U.S.C. 1437z-2, 42 U.S.C. 1437z-7, and 3535(d).

§ 905.100 [Amended]
136. Amend § 905.100(e) by removing “24 CFR part 85” and adding in its place “2 CFR part 200”.
§ 905.108 [Amended]
137. In § 905.108, amend the definition of “Reasonable cost” by removing “24 CFR part 85, and 2 CFR part 225 (codifying OMB Circular A-87)” and adding in its place “2 CFR part 200”.
§ 905.202 [Amended]
138. Amend § 905.202(d) by removing “2 CFR part 225 (codifying OMB Circular A-87)” and adding in its place “2 CFR part 200, subpart E”.
§ 905.308 [Amended]
139. Amend § 905.308(a) by removing “24 CFR part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments)” and adding in its place “2 CFR part 200”.
§ 905.310 [Amended]
140. Amend § 905.310(a) by removing “24 CFR 85.21” and adding in its place “2 CFR 200.305”.
§ 905.316 [Amended]
141. Amend § 905.316 as follows: a. In paragraph (a), remove “24 CFR 85.36” and add in its place “2 CFR part 200”; and b. In paragraph (d), remove “24 CFR 85.36(h)” and add in its place “24 CFR 85.36 (as revised April 1, 2013)”.
§ 905.320 [Amended]
142. Amend § 905.320(a) by removing “24 CFR 85.36” and adding in its place “2 CFR part 200, subpart D”.
§ 905.322 [Amended]
143. Amend § 905.322(c) by removing “24 CFR 85.26” and adding in its place “2 CFR part 200, subpart F”.
§ 905.604 [Amended]
144. Amend § 905.604 to read as follows: a. In paragraph (h), remove “24 CFR part 85” and add in its place “2 CFR part 200”. b. In paragraph (h)(2), remove “24 CFR part 85” everywhere it appears and add in its place “2 CFR part 200”.
PART 943—PUBLIC HOUSING AGENCY CONSORTIA AND JOINT VENTURES 145. The authority citation for part 943 continues to read as follows: Authority:

42 U.S.C. 1437k and 3535(d).

§ 943.148 [Amended]
146. Amend § 943.148(b)(2) by removing “part 84 of this title (if the entity is a nonprofit) or part 85 of this title (if the entity is a State or local government)” and adding in its place “2 CFR part 200 (if the entity is a nonprofit or a State or local government)”.
§ 943.150 [Amended]
147. Amend § 943.150 to read as follows: a. In paragraph (a), remove “part 84 or part 85 of this title” and add in its place “2 CFR part 200”; and b. In paragraph (b), remove “part 85 of this title” everywhere it appears and add in its place “2 CFR part 200”.
§ 943.151 [Amended]
148. Amend § 943.151(a) by removing “part 85 of this title” and adding in its place “2 CFR part 200”.
PART 963—PUBLIC HOUSING—CONTRACTING WITH RESIDENT-OWNED BUSINESSES 149. The authority citation for part 963 continues to read as follows: Authority:

42 U.S.C. 1437 and 3535(d).

§ 963.1 [Amended]
150. Amend § 963.1 by removing “24 CFR 85.36” and adding in its place “24 CFR 85.36 (as revised April 1, 2013)”.
§ 963.10 [Amended]
151. Amend § 963.10(c) by removing “24 CFR 85.36(b)(8)” and adding in its place “24 CFR 85.36(b)(8) (as revised April 1, 2013)”.
§ 963.12 [Amended]
152. Amend § 963.12 as follows: a. In paragraph (a): i. Remove “24 CFR 85.36(d)” and add in its place “24 CFR 85.36(d) (as revised April 1, 2013)”; and ii. Remove “24 CFR 85.36(b)” and add in its place “24 CFR 85.36(b) (as revised April 1, 2013)”; b. In paragraph (b), remove “24 CFR 85.36(f)” and add in its place “24 CFR 85.36(f) (as revised April 1, 2013)”; and c. In paragraph (c): i. Remove “the contract provisions of 24 CFR 85.36(i); the provisions of 24 CFR 85.36(h), 24 CFR 968.240(d) or 24 CFR 968.335(c)(1)” and add in its place “the contract provisions of 24 CFR 85.36(i) (as revised April 1, 2013); the provisions of 24 CFR 85.36(h) (as revised April 1, 2013) or 24 CFR 905.316(d)”; and ii. Remove “recordkeeping requirements imposed by 24 CFR 85.36(i)” and add in its place “recordkeeping requirements imposed by 24 CFR 85.36(i) (as revised April 1, 2013)”.
PART 964—TENANT PARTICIPATION AND TENANT OPPORTUNITIES IN PUBLIC HOUSING 153. The authority citation for part 964 continues to read as follows: Authority:

42 U.S.C. 1437d, 1437g, 1437r, 3535(d).

§ 964.230 [Amended]
154. Amend § 964.230 as follows: a. In paragraph (a)(1), remove “OMB Circulars A-110 and A-122” and add in its place “2 CFR part 200”;
b. In paragraph (b), remove “OMB Circulars A-110 and A-122” and add in its place “2 CFR part 200”.
§ 964.350 [Amended]
155. Amend § 964.350(b) by removing “OMB Circular Nos. A-110 and A-122” and adding in its place “2 CFR part 200”.
PART 965—PHA-OWNED OR LEASED PROJECTS—GENERAL PROVISIONS 156. The authority citation for part 965 continues to read as follows: Authority:

42 U.S.C. 1437, 1437a, 1437d, 1437g, and 3535(d). Subpart H is also issued under 42 U.S.C. 4821-4846.

§ 965.205 [Amended]
157. Amend § 965.205 as follows: a. In paragraph (b), remove “24 CFR part 85” and add in its place “2 CFR 200.319”; and b. In paragraph (d)(1), remove “24 CFR part 44” and add in its place “2 CFR part 200, subpart F”.
§ 965.215 [Amended]
158. Amend § 965.215(d) by removing “part 85 of this title” and adding in its place “2 CFR part 200”.
§ 965.308 [Amended]
159. Amend § 965.308 as follows: a. In paragraph (a)(1), remove “24 CFR 85.36(d)(3)” and “§ 85.36(d)(3)(i) of this title” and add in their place “2 CFR 200.320(d)”; and b. In paragraph (a)(2), remove “24 CFR 85.36(d)(4)(i)(A)” and add in its place “2 CFR 200.320(f)”.
PART 970—PUBLIC HOUSING PROGRAM—DEMOLITION OR DISPOSITION OF PUBLIC HOUSING PROJECTS 160. The authority citation for part 970 continues to read as follows: Authority:

42 U.S.C. 1437p and 3535(d).

§ 970.1 [Amended]
161. Amend § 970.1 by removing “24 CFR part 85” and adding in its place “2 CFR part 200”.
PART 982—SECTION 8 TENANT-BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM 162. The authority citation for part 982 continues to read as follows: Authority:

42 U.S.C. 1437f and 3535(d).

§ 982.159 [Amended]
163. Amend § 982.159(b) by removing “24 CFR part 44” and adding in its place “2 CFR part 200, subpart F”.
PART 990—THE PUBLIC HOUSING OPERATING FUND PROGRAM 164. The authority citation for part 990 continues to read as follows: Authority:

42 U.S.C. 1437g; 42 U.S.C. 3535(d).

§ 990.190 [Amended]
165. Amend § 990.190(d) by removing “24 CFR part 85” and adding in its place “2 CFR part 200, subpart F”.
§ 990.195 [Amended]
166. Amend § 990.195(e) by removing “24 CFR 85.25” everywhere it appears and adding in its place “24 CFR 85.25 (as revised April 1, 2013)”.
§ 990.280 [Amended]
167. Amend § 990.280(b)(2) by removing “e.g., OMB Circulars” and adding in its place “e.g., 2 CFR part 200”.
§ 990.310 [Amended]
168. Amend § 990.310 by removing “24 CFR 85.20, 85.40, and 85.41” and adding in its place “2 CFR part 200”.
§ 990.320 [Amended]
169. Amend § 990.320 by removing “24 CFR 85.26” and adding in its place “2 CFR part 200, subpart F”.
PART 1000—NATIVE AMERICAN HOUSING ACTIVITIES 170. The authority citation for part 1000 continues to read as follows: Authority:

25 U.S.C. 4101 et seq.; 42 U.S.C. 3535(d).

171. Amend § 1000.26 as follows: a. Revise paragraph (a); b. In paragraph (b)(1) introductory text: i. Remove “Attachment B of OMB Circular A-87” and add in its place “2 CFR part 200, subpart E,”; and ii. Remove “Attachment A of this circular” and add in its place “2 CFR part 200, subpart E,”; c. Revise paragraphs (b)(1)(i) and (ii); and d. Add paragraph (b)(1)(iii).

The revisions and addition read as follows:

§ 1000.26 What are the administrative requirements under NAHASDA?

(a) Except as addressed in § 1000.28, recipients shall comply with the requirements and standards of 2 CFR part 200, “Uniform Administrative Requirements, Cost Principles, And Audit Requirements for Federal Awards”, except for the following sections:

(1) Section 200.113 applies, except that, in lieu of the remedies described in § 200.338, HUD shall be authorized to seek remedies under subpart F of this part.

(2) Section 200.302(a), “Financial management.”

(3) Section 200.305, “Payment,” applies, except that HUD shall not require a recipient to expend retained program income before drawing down or expending IHBG funds.

(4) Section 200.306, “Cost sharing or matching.”

(5) Section 200.307, “Program income.”

(6) Section 200.308, “Revision of budget and program plans.”

(7) Section 200.311, “Real property,” except as provided in 24 CFR 5.109.

(8) Section 200.313, “Equipment,” applies, except that in all cases in which the equipment is sold, the proceeds shall be program income.

(9) Section 200.314, “Supplies,” applies, except in all cases in which the supplies are sold, the proceeds shall be program income.

(10) Section 200.317, “Procurement by states.”

(11) Sections 200.318 through 200.326 apply, as modified in this paragraph (a)(11):

(i) De minimis procurement. A recipient shall not be required to comply with 2 CFR 200.318 through 200.326 with respect to any procurement, using a grant provided under NAHASDA, of goods and services with a value of less than $5,000.

(ii) Utilizing Federal supply sources in procurement. In accordance with Section 101(j) of NAHASDA, recipients may use Federal supply sources made available by the General Services Administration pursuant to 40 U.S.C. 501.

(12) Section 200.325, “Bonding requirements,” applies. There may be circumstances under which the bonding requirements of 2 CFR 200.325 are inconsistent with other responsibilities and obligations of the recipient. In such circumstances, acceptable methods to provide performance and payment assurance may include:

(i) Deposit with the recipient of a cash escrow of not less than 20 percent of the total contract price, subject to reduction during the warranty period, commensurate with potential risk;

(ii) Letter of credit for 25 percent of the total contract price, unconditionally payable upon demand of the recipient, subject to reduction during any warranty period commensurate with potential risk; or

(iii) Letter of credit for 10 percent of the total contract price, unconditionally payable upon demand of the recipient, subject to reduction during any warranty period commensurate with potential risk, and compliance with the procedures for monitoring of disbursements by the contractor.

(13) Section 200.328(b) through (d) and (f), “Monitoring and reporting program performance.”

(14) Section 200.333, “Retention requirements for records.”

(15) Section 200.338, “Remedies for noncompliance.”

(16) Section 200.343, “Closeout.”

(b) * * *

(1) * * *

(i) Depreciation method for fixed assets shall not be changed without the approval of the Federal cognizant agency.

(ii) Penalties, damages, fines and other settlements are unallowable costs to the IHBG program.

(iii) Costs of housing (e.g., depreciation, maintenance, utilities, furnishings, rent), housing allowances and personal living expenses (goods or services for personal use), regardless of whether reported as taxable income to the employees (2 CFR 200.445) requires HUD prior approval.

§ 1000.30 [Amended]
172. Amend § 1000.30(a) by removing “24 CFR 85.36” in the two places where it appears and adding in its place “2 CFR 200.318”.
§ 1000.52 [Amended]
173. Amend § 1000.52 as follows: a. In paragraph (c)(2)(iii), remove “24 CFR 85.36” and add in its place “2 CFR 200.318 through 200.326”; and b. In paragraph (c)(3): i. Remove “24 CFR 85.36” in the two places where it appears and add in its place “2 CFR 200.320”; and ii. Remove “of paragraph (c)(1) of this section”.
§ 1000.503 [Amended]
174. Amend § 1000.503 as follows: a. In paragraph (a)(4), remove “Office of Management and Budget (OMB) Circular A-133 audits” and add in its place “audits under 2 CFR part 200, subpart F”; b. In paragraph (a)(5), remove “OMB Circular A-133” and add in its place “2 CFR part 200, subpart F,”; and c. In paragraph (a)(6), remove “OMB Circular A-133” and add in its place “2 CFR part 200, subpart F,”.
§ 1000.544 [Amended]
175. Amend § 1000.544 by: a. Removing “including OMB Circular A-133” and adding in its place “implemented by 2 CFR part 200, subpart F”; and b. Removing “in OMB Circular A-133, subpart B, section 200” and adding in its place “in 2 CFR 200.501”.
176. Revise § 1000.548 to read as follows:
§ 1000.548 Must a copy of the recipient's audit pursuant to the Single Audit Act relating to NAHASDA activities be submitted to HUD?

No. A copy of the recipient audit under the Single Audit Act relating to NAHASDA activities is only required to be submitted to the Federal Audit Clearinghouse pursuant to 2 CFR part 200, subpart F.

PART 1003—COMMUNITY DEVELOPMENT BLOCK GRANTS FOR INDIAN TRIBES AND ALASKA NATIVE VILLAGES 177. The authority citation for part 1003 continues to read as follows: Authority:

42 U.S.C. 3535(d) and 5301 et seq.

§ 1003.4 [Amended]
178. In § 1003.4, amend the definition of “Subrecipient” by: a. Removing “§ 1003.201(o)” and adding in its place “§ 1003.201(l)”; and b. Removing “24 CFR 85.36 or in 24 CFR part 84, as applicable” and adding in its place “2 CFR 200.318 through 200.326”.
§ 1003.206 [Amended]
179. Amend § 1003.206 as follows: a. In paragraph (a)(4): i. Remove “or use allowances for such items in accordance with OMB Circulars A-21, A-87 or A-122, as applicable” and add in its place “for such items in accordance with 2 CFR part 200, subpart E”; and ii. Remove “(OMB Circulars are available from the Executive Office of the President, Publication Service, 725 17th Street NW., Suite G-2200, Washington, DC 20503, Telephone, 202-395-7332.)”; and b. In paragraph (c), remove “OMB Circular A-21, A-87, or A-122, as applicable” and add in its place “2 CFR part 200, subpart E”.
§ 1003.207 [Amended]
180. Amend § 1003.207 as follows: a. In paragraph (a)(2), remove “OMB Circular A-87” and add in its place “2 CFR part 200, subpart E”; and b. In paragraph (b)(1)(i), remove “leasing, depreciation or use allowances pursuant to OMB Circular A-21, A-87 or A-122 as applicable” and add in its place “leasing or depreciation pursuant to 2 CFR part 200, subpart E,”.
181. Amend § 1003.501 as follows: a. Revise paragraph (a); b. Remove paragraph (b) and redesignate paragraph (c) as paragraph (b); c. Revise the heading of newly redesignated paragraph (b); d. In newly redesignated paragraph (b)(1): i. Remove “Attachment B of OMB Circulars A-21, A-87, or A-123, as applicable,” and add in its place “2 CFR part 200, subpart E”; and ii. Remove “Attachment A of such circulars” and add in its place “2 CFR part 200, subpart E,”. e. In newly redesignated paragraph (b)(1)(i), remove “specific approval of HUD or, if charged through a cost allocation plan,” and add in its place “the approval of”; f. In newly redesignated paragraph (b)(1)(ii), remove “and penalties” and add in its place “, penalties, damages, and other settlements”; and g. Add paragraphs (b)(1)(iii) and (iv).

The revision and additions read as follows:

§ 1003.501 Applicability of uniform administrative requirements and cost principles.

(a) Grantees and subrecipients shall comply with the requirements and standards of 2 CFR part 200, except for the following sections:

(1) Paragraph (a) of § 200.302, “Financial management.”

(2) Section 200.306, “Cost sharing or matching.”

(3) Section 200.307, “Program income” applies as modified by § 1003.503.

(4) Section 200.308, “Revisions of budget and program plans.”

(5) Section 200.311, “Real property,” except as provided in § 1003.600.

(6) Section 200.313, “Equipment” applies, except that in all cases in which the equipment is sold, the proceeds shall be program income.

(7) Section 200.314, “Supplies,” applies, except in all cases in which the supplies are sold, the proceeds shall be program income.

(8) Section 200.325, “Bonding requirements” applies. However, there may be circumstances under which the bonding requirements of 2 CFR 200.325 are inconsistent with other responsibilities and obligations of the grantee. In such circumstances, acceptable methods to provide performance and payment assurance may include:

(i) Deposit with the grantee of a cash escrow of not less than 20 percent of the total contract price, subject to reduction during the warranty period, commensurate with potential risk; or

(ii) Letter of credit for 25 percent of the total contract price, unconditionally payable upon demand of the grantee, subject to reduction during the warranty period commensurate with potential risk.

(9) Paragraphs (b) through (d) and (f) of § 200.328, “Monitoring and reporting program performance.”

(10) Section 200.333, “Retention requirements for records” applies. However, the retention period referenced in 2 CFR 200.333 pertaining to individual ICDBG activities starts from the date of the submission of the final status and evaluation report as prescribed in § 1003.506(a) in which the specific activity is reported.

(11) Section 200.343, “Closeout.”

(b) Cost principles. (1)* * *

(iii) Costs of housing (e.g., depreciation, maintenance, utilities, furnishings, rent), housing allowances and personal living expenses (goods or services for personal use), regardless of whether reported as taxable income to the employees (2 CFR 200.445), require HUD prior approval.

(iv) Organization costs (2 CFR 200.455) require HUD prior approval.

182. Amend § 1003.502 as follows: a. In paragraph (b)(3), remove “§ 85.25” and add in its place “2 CFR 200.307”. b. Revise paragraph (b)(7).

The revision reads as follows:

§ 1003.502 Agreements with subrecipients.

(b) * * *

(7) Suspension and termination. The agreement shall set forth remedies for noncompliance and provisions on termination in accordance with 2 CFR part 200, subpart D.

§ 1003.503 [Amended]
183. Amend § 1003.503 as follows: a. In paragraph (a), remove “24 CFR 85.25” and add in its place “2 CFR 200.307”; b. In paragraph (b)(6), remove “24 CFR 85.25” and add in its place “2 CFR 200.307”; and c. In paragraph (b)(7), remove “24 CFR 85.25(g)(2)” and add in its place “2 CFR 200.307(e)(2)”.
§ 1003.507 [Amended]
184. Amend § 1003.507 by removing “24 CFR 85.42(f)” and adding in its place “2 CFR 200.337”.
§ 1003.508 [Amended]
185. Amend § 1003.508 as follows: a. In paragraph (b)(4), remove “24 CFR part 44” and add in its place “2 CFR part 200, subpart F”; b. In paragraph (d), remove “24 CFR 85.44” and add in its place “2 CFR 200.339”; and c. In paragraph (e), remove “24 CFR 85.43(c)” and add in its place “2 CFR 200.342”.
§ 1003.509 [Amended]
186. Amend § 1003.509(e) by removing “24 CFR 85.36” and adding in its place “2 CFR part 200, subpart D,”.
§ 1003.510 [Amended]
187. Amend § 1003.510 as follows: a. In paragraph (d)(2)(iii), remove “24 CFR 85.36” and add in its place “2 CFR 200.320”; b. In paragraph (d)(3), remove “24 CFR 85.36” in the two places where it appears and add in their place “2 CFR 200.320”.
§ 1003.511 [Amended]
188. Amend § 1003.511(a)(2) by removing “24 CFR 85.36” and adding in its place “2 CFR part 200, subpart D”.
§ 1003.600 [Amended]
189. Amend § 1003.600(f) by removing “24 CFR parts 84 and 85” and adding in its place “2 CFR 200.311(c).”
§ 1003.606 [Amended]
190. Amend § 1003.606 as follows: a. In paragraph (a)(1), remove “24 CFR 85.36 and 24 CFR 84.42” and add in its place “2 CFR 200.112, 200.318(c), and 200.319(a)(5)”; and b. In paragraph (a)(2), remove “24 CFR 85.36 and 24 CFR 84.42” and add in its place “2 CFR 200.318”.
PART 1006—NATIVE HAWAIIAN HOUSING BLOCK GRANT PROGRAM 191. The authority citation for part 1006 continues to read as follows: Authority:

25 U.S.C. 4221 et seq.; 42 U.S.C. 3535(d).

§ 1006.230 [Amended]
192. Amend § 1006.230(d) by removing “OMB Circulars A-87 or A-122 as applicable” and adding in its place “2 CFR part 200, subpart E”.
§ 1006.340 [Amended]
193. Amend § 1006.340(b)(3) by removing “24 CFR part 85” and adding in its place “2 CFR 200.305”.
§ 1006.360 [Amended]
194. Amend § 1006.360 by removing “24 CFR 85.36 or 24 CFR 84.42” and adding in its place “2 CFR 200.317 (for DHHL) and 2 CFR 200.318 (for subrecipients)”.
§ 1006.365 [Amended]
195. Amend § 1006.365(b) by removing “24 CFR 85.36” and adding in its place “2 CFR part 200, subpart D,”.
196. Revise § 1006.370 to read as follows:
§ 1006.370 Uniform administrative, requirements, cost principles, and audit requirements for Federal awards.

(a) The DHHL and subrecipients receiving NHHBG funds shall comply with the requirements and standards of 2 CFR part 200, “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”.

(b)(1) With respect to the applicability of cost principles, all items of cost listed in 2 CFR part 200, subpart E, which require prior Federal agency approval are allowable without the prior approval of HUD to the extent that they comply with the general policies and principles stated in 2 CFR part 200, subpart E, and are otherwise eligible under this part, except for the following:

(i) Depreciation methods for fixed assets shall not be changed without the approval of the Federal cognizant agency.

(ii) Fines, penalties, damages, and other settlements are unallowable costs to the NHHBG program.

(iii) Costs of housing (e.g., depreciation, maintenance, utilities, furnishings, rent), housing allowances and personal living expenses (goods or services for personal use) regardless of whether reported as taxable income to the employees (2 CFR 200.445).

(iv) Organization costs (2 CFR 200.455).

(2) In addition, no person providing consultant services in an employer-employee type of relationship shall receive funds. In no event, however, shall such compensation exceed the equivalent of the daily rate paid for Level IV of the Executive Schedule. The Executive Pay Schedule may be obtained by https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages.

§ 1006.375 [Amended]
197. Amend § 1006.375(d) by: a. Removing “OMB Circular A-133” and adding in its place “2 CFR part 200, subpart F”; and b. Removing “HUD concurrent with submittal to the Audit Clearinghouse” and adding in its place “the Federal Audit Clearinghouse”.
§ 1006.420 [Amended]
198. Amend § 1006.420(b)(3) by removing “the DHHL” and adding in its place “the DHHL, including their retention under 2 CFR 200.333, noting that the NHHBG Annual Performance Report is the program's final expenditure report”.
Dated: October 28, 2015. Julián Castro, Secretary.
[FR Doc. 2015-29692 Filed 12-4-15; 8:45 am] BILLING CODE 4210-67-P
DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9734] RIN 1545-BJ56 Dividend Equivalents From Sources Within the United States; Correction AGENCY:

Internal Revenue Service (IRS), Treasury.

ACTION:

Final and temporary regulations; correcting amendment.

SUMMARY:

This document contains corrections to final and temporary regulations (TD 9734) that was published in the Federal Register on September 18, 2015 (80 FR 56866). These corrections include a change to the effective date that was applicable to transactions issued on or after January 1, 2016, and before January 1, 2017. This document provides guidance to nonresident alien individuals and foreign corporations that hold certain financial products providing for payments that are contingent upon or determined by reference to U.S. source dividend payments.

DATES:

This correction is effective on December 7, 2015 and applicable on September 18, 2015.

FOR FURTHER INFORMATION CONTACT:

Peter Merkel or Karen Walny at (202) 317-6938 (not a toll free number).

SUPPLEMENTARY INFORMATION:

Background

The final and temporary regulations (TD 9734) that are the subject of this correction are under sections 871 and 894 of the Internal Revenue Code.

Need for Correction

As published, the final and temporary regulations (TD 9734) contain errors that may prove to be misleading and are 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 amendments:

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 1.871-15 is amended by revising paragraphs (i)(4) Example 1. (ii), (i)(4) Example 2. (ii), (r)(1), and (r)(3) and adding paragraph (r)(4) to read as follows:
§ 1.871-15 Treatment of dividend equivalents.

(i) * * *

(4) * * *

Example 1.

* * *

(ii) Subject to paragraph (i)(2)(iv) of this section, the estimated dividend amounts are the per-share dividend amounts because the estimates are reasonable and specified in accordance with paragraph (i)(2)(iii) of this section. The estimated per-share dividend amounts are dividend equivalents for purposes of this section.

Example 2.

* * *

(ii) Because the LIBOR leg of the swap contract is reduced to reflect estimated dividends and the estimated dividend amounts are not specified, Foreign Investor is treated as receiving the actual dividend amounts are in accordance with paragraph (i)(2) of this section. The actual per-share dividend amounts are dividend equivalents for purposes of this section.

(r) * * * (1) In general. This section applies to payments made on or after September 18, 2015 except as provided in paragraphs (r)(2), (3), and (4) of this section.

(3) Effective/applicability date for paragraphs (d)(2) and (e). Paragraphs (d)(2) and (e) of this section apply to any payment made on or after January 1, 2017, with respect to any transaction issued on or after January 1, 2017.

(4) Effective/applicability date for paragraphs (c)(2)(iv), (h), and (q) of this section. [Reserved]. For further guidance, see § 1.871-15T(r)(4).

Par. 3. Section 1.871-15T is amended by removing the language “transaction” and adding in its place “complex contract” in paragraph (h)(7) Example. (iv) and revising paragraph (h)(7) Example. (viii) to read as follows:
§ 1.871-15T Treatment of dividend equivalents (temporary).

(h) * * *

(7) * * *

Example.

* * *

(viii) FI concludes that the Contract is not a section 871(m) transaction because the complex contract calculation of 7.68 exceeds the benchmark calculation of 4.473.

Par. 4. Section 1.1441-1 is amended by removing the second occurrence of paragraph (e)(3)(ii)(E) and adding paragraph (e)(3)(ii)(F) to read as follows:
§ 1.1441-1 Requirements for the deduction and withholding of tax on payments to foreign persons.

(e) * * *

(3) * * *

(ii) * * *

(F) [Reserved]. For further guidance, see § 1.1441-1T(e)(3)(ii)(F).

Par. 5. Section 1.1441-1T is amended by revising the last sentence of paragraph (f)(3) to read as follows:
§ 1.1441-1T Requirements for the deduction and withholding of tax on payments to foreign persons (temporary).

(f) * * *

(3) * * * Paragraphs (e)(3)(ii)(E) and (e)(6) of this section apply beginning September 18, 2015.

Par. 6. Section 1.1461-1 is amended by adding a second sentence to paragraph (c)(2)(iii) to read as follows:
§ 1.1461-1 Payments and returns of tax withheld.

(c) * * *

(2) * * *

(iii) * * * Paragraphs (c)(2)(i)(M) and (c)(2)(ii)(J) of this section apply beginning September 18, 2015.

Martin V. Franks, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration).
[FR Doc. 2015-30777 Filed 12-4-15; 8:45 am] BILLING CODE 4830-01-P
DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9734] RIN 1545-BJ56 Dividend Equivalents From Sources Within the United States; Correction AGENCY:

Internal Revenue Service (IRS), Treasury.

ACTION:

Final and temporary regulations; correction.

SUMMARY:

This document contains corrections to final and temporary regulations (TD 9734) that was published in the Federal Register on September 18, 2015 (80 FR 56866). These corrections include a change to the effective date that was applicable to transactions issued on or after January 1, 2016, and before January 1, 2017. This document provides guidance to nonresident alien individuals and foreign corporations that hold certain financial products providing for payments that are contingent upon or determined by reference to U.S. source dividend payments.

DATES:

This correction is effective on December 7, 2015 and applicable on September 18, 2015.

FOR FURTHER INFORMATION CONTACT:

Peter Merkel or Karen Walny at (202) 317-6938 (not a toll free number).

SUPPLEMENTARY INFORMATION:

Background

The final and temporary regulations (TD 9734) that are the subject of this correction are under sections 871 and 894 of the Internal Revenue Code.

Need for Correction

As published, the final and temporary regulations (TD 9734) contain errors that may prove to be misleading and are in need of clarification.

Correction of Publication

Accordingly, the final and temporary regulations (TD 9734), that are the subject of FR Doc. 2015-21759, are corrected as follows:

1. On page 56866, in the preamble, the first column, under the caption “DATES”, the fourth through seventh lines of the paragraph, the language “applicability, see §§ 1.871-14(j)(3), 1.871-15(r), 1.871-15T(r)(4), 1.1441-1(f)(4), 1.1441-1T(f)(3), 1.1441-2(f), 1.1441-3(h)(3), 1.1441-7(a)(4), and ” is corrected to read “applicability, see §§ 1.871-14(j)(3), 1.871-15(r), 1.871-15T(r)(4), 1.1441-1(f)(4), 1.1441-1T(f)(3), 1.1441-2(f), 1.1441-3(h)(3), 1.1441-7(a)(4), 1.1461-1(c)(2)(iii), and”.

2. On page 56866, in the preamble, the first column, the eleventh line from the bottom of the column, the language “871(m). This information will be used” is corrected to read “871(m) of the Internal Revenue Code. This information will be used”.

3. On page 56868, in the preamble, the first column, the ninth line from the bottom of the column, the language “discussed in section E.1 of this” is corrected to read “discussed in section F.1 of this”.

4. On page 56869, in the preamble, the second column, the tenth line of the first full paragraph, the language “dividends. As noted in Part II.L. of this” is corrected to read “dividends. As noted in Part II.M. of this”.

5. On page 56870, in the preamble, the first column, the thirty-second line from the bottom of the column, the language “D. Payment of a Dividend Equivalent” is corrected to read “E. Payment of a Dividend Equivalent”.

6. On page 56870, in the preamble, the second column, the twenty-second line of the second full paragraph, the language “equivalent, as discussed in Part II.M of” is corrected to read “equivalent, as discussed in Part II.N of”.

7. On page 56870, in the preamble, the second column, the eighteenth line from the bottom of the column, the language “E. Amount of a Dividend Equivalent” is corrected to read “F. Amount of a Dividend Equivalent”.

8. On page 56870, in the preamble, the third column, the eleventh line from the bottom of the column, the language “defined in § 1.871-15(a)(14)(ii)” is corrected to read “defined in § 1.871-15(a)(5)”.

9. On page 56871, in the preamble, the first column, the twenty-sixth line from the bottom of the column, the language “F. Qualified Indices” is corrected to read “G. Qualified Indices”.

10. On page 56872, in the preamble, the first column, the last line of the first full paragraph, the language “qualified index rule. See § 1.871-15(l)” is corrected to read “qualified index rule. See § 1.871-15(l).”.

11. On page 56872, in the preamble, the second column, the sixth line from the bottom of the column, the language “G. Combined Transactions” is corrected to read “H. Combined Transactions”.

12. On page 56873, in the preamble, the third column, the twelfth line from the top of the column, the language “H. Derivatives Referenced to Partnership” is corrected to read “I. Derivatives Referenced to Partnership”.

13. On page 56873, in the preamble, the third column, the fifth line from the bottom of the column, the language “I. Anti-Abuse Rule” is corrected to read “J. Anti-Abuse Rule”.

14. On page 56874, in the preamble, the first column, the twenty-fourth line from the top of the column, the language “J. Reporting Obligations” is corrected to read “K. Reporting Obligations”.

15. On page 56874, in the preamble, the first column, the fifteenth line of the second full paragraph, the language “871(m) transaction the broker or dealer” is corrected to read “871(m) transaction, the broker or dealer”.

16. On page 56874, in the preamble, the third column, the first line of column, the language “K. Recordkeeping Rules” is corrected to read “L. Recordkeeping Rules”.

17. On page 56874, in the preamble, the third column, the thirty-second line from the top of column, the language “L. Contingent and Convertible Debt” is corrected to read “M. Contingent and Convertible Debt”.

18. On page 56875, in the preamble, the second column, the third line from the top of the column, the language “M. Amounts Subject to Withholding” is corrected to read “N. Amounts Subject to Withholding”.

19. On page 56877, in the preamble, the second column, the fifth line from the bottom of the third full paragraph, the language “on the same underlying securities.” is corrected to read “on the same underlying security.”.

20. On page 56878, in the preamble, the second column, under the paragraph heading “IV. Effective/Applicability Date”, the third sentence of the first full paragraph is removed.

Martin V. Franks, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel, (Procedure and Administration).
[FR Doc. 2015-30778 Filed 12-4-15; 8:45 am] BILLING CODE 4830-01-P
DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 334 West Arm Behm Canal, Naval Surface Warfare Center, Ketchikan, Alaska; Restricted Areas AGENCY:

U.S. Army Corps of Engineers, DoD.

ACTION:

Final rule.

SUMMARY:

The U.S. Army Corps of Engineers (Corps) is amending existing regulations for an existing restricted area near Ketchikan, Alaska to correct inaccuracies in regards to flashing beacon light descriptions, point of contact changes, and restrictive area distances for small craft.

DATES:

Effective date: January 6, 2016.

ADDRESSES:

U.S. Army Corps of Engineers, Attn: CECW-CO (David B. Olson), 441 G Street NW., Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT:

Mr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202-761-4922 or Ms. Linda Speerstra, U.S. Army Corps of Engineers, Alaska District, Regulatory Division, at 907-747-0658.

SUPPLEMENTARY INFORMATION:

Pursuant to its authorities in Section 7 of the Rivers and Harbors Act of 1917 (40 Stat 266; 33 U.S.C. 1) and Chapter XIX of the Army Appropriations Act of 1919 (40 Stat 892; 33 U.S.C. 3), the Corps is amending the regulation at 33 CFR 334.1275 by revising the restricted area regulation for Area 5 in the waters of the West Arm Behm Canal, Naval Surface Warfare Center, Ketchikan, Alaska. This amendment revises the existing restricted area regulation to accurately describe the installed light configuration, update contact information, and increase vessel transiting opportunities.

The proposed rule was published in the Federal Register on June 22, 2015 (80 FR 35620), and the regulations.gov docket number is COE-2015-0009. In response to the proposed rule, one comment was received. The commenter recommended that an Environmental Impact Statement (EIS) be conducted. The Corps has determined that an EIS for this type of action is not necessary as it is an administrative action and would not result in environmental impacts. Therefore, no changes to the final rule are required.

Procedural Requirements

a. Review Under Executive Order 12866. The rule is issued with respect to a military function of the Department of Defense and the provisions of Executive Order 12866 do not apply.

b. Review Under the Regulatory Flexibility Act. This rule has been reviewed under the Regulatory Flexibility Act (Pub. L. 96-354). The Regulatory Flexibility Act generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice-and-comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities (i.e., small businesses and small governments). The restricted area is necessary to protect users of this waterway during naval operations. The restricted area will only be closed for brief amounts of time (usually no more than 20 minutes) when it is activated. The Corps has determined that the changes to this rule would have no significant economic impact on the public. After considering the economic impacts of this restricted area regulation on small entities, I certify that this action will not have a significant impact on a substantial number of small entities.

c. Review Under the National Environmental Policy Act. Due to the administrative nature of this action and because there is no intended change in the use of the area, the Corps has determined that these amendments to regulation will not have a significant impact on the quality of the human environment and, therefore, preparation of an environmental impact statement is not required. An environmental assessment has been prepared and it may be reviewed at the Alaska district office.

d. Unfunded Mandates Act. This rule does not contain a Federal mandate that may result in expenditures of $100 million or more for State, local, and Tribal governments, in the aggregate, or the private sector in any one year. Therefore, this rule is not subject to the requirements of Sections 202 and 205 of the Unfunded Mandates Reform Act (UMRA). The rule contains no regulatory requirements that might significantly or uniquely affect small governments. Therefore, the rule is not subject to the requirements of Section 203 of UMRA.

List of Subjects in 33 CFR Part 334

Danger zones, Navigation (water), Restricted areas, Waterways.

For the reasons set out in the preamble, the Corps amends 33 CFR part 334 as follows:

PART 334—DANGER ZONE AND RESTRICTED AREA REGULATIONS 1. The authority citation for part 334 continues to read as follows: Authority:

40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 U.S.C. 3).

2. In § 334.1275, revise paragraphs (b)(5), (c), and (d) to read as follows:
§ 334.1275 West Arm Behm Canal, Ketchikan, Alaska, restricted areas.

(b) * * *

(5) Area No. 5. (i) The area will be open unless the Navy is actually conducting operations. To ensure safe and timely passage through the restricted area vessel operators are required to notify the Facility Control Officer of their expected time of arrival, speed and intentions. For vessels not equipped with radio equipment, the Navy shall signal with flashing beacon lights whether passage is prohibited and when it is safe to pass through the area. A flashing amber beacon means that the area is closed to all vessels and to await a clear signal. The flashing amber beacon not lighted is the clear signal and indicates that vessels may proceed through the area. Each closure of the area by the Navy will normally not exceed 20 minutes.

(ii) When Area No. 5 restrictions are in place, vessels may operate within 1000 yards of the shoreline at speeds no greater than 5 knots in accordance with the restriction in effect in Area No. 3.

(c) Vessels will be allowed to transit Area No. 5 within 20 minutes of marine radio or telephone notification to the Navy Facility Control Officer.

(d) Enforcement. The regulations in this section shall be enforced by the Commander, Naval Surface Warfare Center, Carderock Division, and such agencies he/she may designate.

Dated: November 15, 2015. Edward E. Belk, Jr., Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2015-30776 Filed 12-4-15; 8:45 am] BILLING CODE 3720-58-P
ENVIRONMENTAL PROTECTION AGENCY 48 CFR Parts 1501 and 1502 [EPA-HQ-OARM-2015-0244; FRL-9925-90-OARM] Environmental Protection Agency Acquisition Regulation (EPAAR); Ratification of Unauthorized Commitments AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Direct final rule.

SUMMARY:

The Environmental Protection Agency (EPA) amends the EPA Acquisition Regulation (EPAAR) to address minor non-substantive changes in one subpart and one definition. The direct final rule updates “Ratification of Unauthorized Commitments” and revises the definition of Chief of the Contracting Office (CCO). EPA does not anticipate any adverse comments.

DATES:

This rule is effective on February 5, 2016 without further notice, unless adverse comment is received January 6, 2016. If adverse comment is received, the EPA will publish a timely withdrawal of the rule in the Federal Register.

ADDRESSES:

Submit your comments, identified by Docket ID No. EPA-HQ-OARM-2015-0244 by one of the following methods:

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

Email: [email protected].

Fax: (202) 566-1753.

Mail: EPA-HQ-OARM-2015-0244, OEI Docket, Environmental Protection Agency, 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Please include a total of three (3) copies.

Hand Delivery: EPA Docket Center—Attention OEI Docket, EPA West, Room B102, 1301 Constitution Ave. NW., Washington, DC 20004. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA-HQ-OARM-2015-0244. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through http://www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http://www.regulations.gov or in hard copy at the Government Property-Contract Property Administration Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744 and the telephone number for the EPA Docket Center is (202) 566-1752. This Docket Facility is open from 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT:

Rodney Neely, Policy, Training, and Oversight Division, Acquisition Policy and Training Service Center (3802R), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 202-564-2330; email address: [email protected]

SUPPLEMENTARY INFORMATION: General Information

1. Do not submit Classified Business Information (CBI) to EPA Web site http://www.regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI, and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

2. Tips for Preparing Your Comments. When submitting comments, remember to:

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

• Follow directions—The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) Part or section number.

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

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

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

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

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

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

I. Background

The EPA is revising EPAAR subpart 1501.602-3 Ratification of Unauthorized Commitments to the approval authorities and levels to be consistent with the Federal Acquisition Regulations (FAR). The Senior Procurement Executive (SPE) is responsible for ratification approvals for $25,000 and above. The CCO is the approval authority for ratifications below $25,000. The procedures of this subpart are clarified, along with minor editorial changes. 1502.100 Definitions is revised to update the definition of CCO.

II. Final Rule

This final rule makes the following changes:

1. Revise EPAAR subpart 1501.602-3 to update approval authorities and levels, remove procedures, and execute minor editorial changes.

2. Revise EPAAR 1502.100 to modify the definition of Chief of the Contracting Office.

Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

This action is not a “significant regulatory action” under the terms of Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under the E.O. 12866 and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act (RFA), As Amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et. seq.

The RFA generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute; unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impact of today's final rule on small entities, “small entity” is defined as: (1) A small business that meets the definition of a small business found in the Small Business Act and codified at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; or (3) a small organization that is any not-for-profit enterprise which is independently owned and operated and is not dominant in its field. After considering the economic impacts of this rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. In determining whether a rule has a significant economic impact on a substantial number of small entities, the impact of concern is any significant adverse economic impact on small entities, because the primary purpose of the regulatory flexibility analyses is to identify and address regulatory alternatives “which minimize any significant economic impact of the proposed rule on small entities” 5 U.S.C. 503 and 604. Thus, an agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, or otherwise has a positive economic effect on all of the small entities subject to the rule. This action revises current EPAAR clauses and will not have a significant economic impact on substantial number of small entities. We continue to be interested in the potential impacts of the proposed rule on small entities and welcome comments on issues related to such impacts.

D. Unfunded Mandates Reform Act

This action contains no federal mandates under the provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531-1538 for State, local, and tribal governments or the private sector. The action imposes no enforceable duty on any State, local or tribal governments or the private sector. Therefore, this action is not subject to the requirements of Sections 202 or 205 of the UMRA. This action is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

This action does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. Thus, Executive Order 13132 does not apply to this action. In the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between EPA and State and local governments, EPA specifically solicits comment on this proposed action from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks

Executive Order 13045, entitled “Protection of Children from Environmental Health and Safety Risks” (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is determined to be economically significant as defined under E.O. 12886, and (2) concerns an environmental health or safety risk that may have a proportionate effect on children. This rule is not subject to E.O. 13045 because it is not an economically significant rule as defined by E.O. 12866, and because it does not have a proportionate effect on children.

H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use

This action is not subject to Executive Order 13211 (66 FR 28335 May 22, 2001) because it is not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act of 1995 (NTTAA)

Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (“NTTAA”), Public Law 104-113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures and business practices) that are developed or adopted by voluntary consensus standards bodies. NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This action does not involve technical standards. Therefore, EPA is not considering the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations

Executive Order 12898 (59 FR 7629 (Feb. 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA has determined that this final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment in the general public.

K. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the Agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. Section 804 exempts from section 801 the following types of rules (1) rules of particular applicability; (2) rules relating to agency management or personnel; and (3) rules of Agency organization, procedure, or practice that do not substantially affect the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required to submit a rule report regarding today's action under section 801 because this is a rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.

List of Subjects in 48 CFR Parts 1501 and 1502

Environmental protection, Government procurement.

Dated: November 12, 2015. John R. Bashista, Director, Office of Acquisition Management.

For the reasons stated in the preamble, Chapter 15 of Title 48 Code of Federal Regulations, parts 1501 and 1502 are amended as set forth below:

1. The authority citation for parts 1501 and 1502 continues to read as follows: Authority:

5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c); and 41 U.S.C. 418b.

PART 1501—GENERAL 2. Amend 1501.602-3 by revising paragraph (b) to read as follows:
1501.602-3 Ratification of unauthorized commitments.

(b)(1) Ratification Approval. The Senior Procurement Executive (SPE) as defined in 1502.100 is the ratifying official for all ratification actions $25,000 and above.

(2) The Chief of the Contracting Office (CCO) as defined in 1502.100 is delegated authority to be the ratifying official for all ratification actions below $25,000.

(3) The CCOs defined in 1502.100 for purposes of ratification authority only must meet the following criteria:

(i) Must possess a contracting officer's warrant and be in the 1102 job series;

(ii) Are prohibited from re-delegating their ratification authority;

(iii) Are prohibited from approving a ratification if he/she acted as a contracting officer in preparing the determination and findings required under paragraph (c)(3) of this section; and

(iv) Must abide by the other limitations on ratification of unauthorized commitments set forth in FAR 1.602-3(c) and the EPAAR.

PART 1502—DEFINITION OF WORDS AND TERMS 3. Amend 1502.100 by revising the definition of “Chief of the Contracting Office (CCO)” to read as follows:
1502.100 Definitions.

Chief of the Contracting Office (CCO) means the Office of Acquisition Management Division Directors at Headquarters, Research Triangle Park and Cincinnati. For purposes of ratification authority only, CCO also includes Regional Acquisition Managers. (See 1501.602-3(b)(3) for the criteria for this ratification authority).

[FR Doc. 2015-30798 Filed 12-4-15; 8:45 am] BILLING CODE 6560-50-P
80 234 Monday, December 7, 2015 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-4344; Directorate Identifier 2015-NE-32-AD] RIN 2120-AA64 Airworthiness Directives; General Electric Company Turbofan Engines AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Notice of proposed rulemaking (NPRM).

SUMMARY:

We propose to adopt a new airworthiness directive (AD) for all General Electric Company (GE) CF6-80C2 and CF6-80E1 turbofan engines. This proposed AD was prompted by reports of a burn-through of the accessory heat shield during an accessory compartment fire leading to an engine fire. This proposed AD would require replacing the accessory heat shield assembly. We are proposing this AD to prevent high-temperature gas ingestion into the accessory compartment, engine fire, and damage to the airplane.

DATES:

We must receive comments on this proposed AD by February 5, 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 General Electric Company, GE Aviation, Room 285, 1 Neumann Way, Cincinnati, OH 45215; phone: 513-552-3272; email: [email protected] You may view this service information at the FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125.

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-2015-4344; 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:

Herman Mak, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: 781-238-7147; fax: 781-238-7199; email: [email protected]

SUPPLEMENTARY INFORMATION:

Comments Invited

We invite you to send any written relevant data, views, or arguments about this NPRM. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2015-4344; Directorate Identifier 2015-NE-32-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM 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 NPRM.

Discussion

We received reports of a burn-through of the accessory heat shield during an engine fire leading to an accessory compartment fire. A fire burns through the accessory heat shield and ignites the integrated drive generator (IDG), which supports further combustion. The existing accessory heat shield assembly leaves a large area above the sensitive accessories, such as the IDG and the main fuel pump, without adequate protection. A total of five events have occurred. This condition, if not corrected, could result in high-temperature gas ingestion into the accessory compartment, which could lead to engine fire and damage to the airplane.

Related Service Information Under 1 CFR Part 51

We reviewed GE Service Bulletin (SB) No. CF6-80C2 S/B 72-1520, dated September 22, 2015 and GE SB No. CF6-80E1 S/B 72-0525, dated September 22, 2015. These SBs describe the procedures for removing and replacing the accessory heat shield assembly. This service information is reasonably available because the interested parties have access to it through their normal course of business or see ADDRESSES for other ways to access this service information.

Other Related Service Information

We reviewed GE SB No. CF6-80C2 S/B 72-1523, dated September 22, 2015. The SB describes procedures for removing and replacing the accessory heat shield assembly.

FAA's Determination

We are proposing this NPRM 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 NPRM would require replacing the accessory heat shield assembly.

Costs of Compliance

We estimate that this proposed AD affects 935 engines installed on airplanes of U.S. registry. We also estimate that it would take about 5 hours per engine to comply with this proposed AD. The average labor rate is $85 per hour. Parts would cost about $1,832 per engine. Based on these figures, we estimate the total cost of this proposed AD to U.S. operators to be $2,110,295.

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 to the extent that it justifies making a regulatory distinction, 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): General Electric Company: Docket No. FAA-2015-4344; Directorate Identifier 2015-NE-32-AD. (a) Comments Due Date

We must receive comments by February 5, 2016.

(b) Affected ADs

None.

(c) Applicability

This AD applies to all General Electric Company (GE) CF6-80C2 and CF6-80E1 turbofan engines.

(d) Unsafe Condition

This AD was prompted by reports of a burn-through of the accessory heat shield during an accessory compartment fire leading to an engine fire. We are issuing this AD to prevent high-temperature gas ingestion into the accessory compartment, engine fire, and damage to the airplane.

(e) Compliance

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

(1) For CF6-80C2 engines, at the next engine shop visit after the effective date of this AD, remove from service the accessory heat shield assembly. Use Table 1 of GE Service Bulletin (SB) No. CF6-80C2 S/B 72-1520, dated September 22, 2015 to identify the part numbers (P/Ns) that require removal from service. Install an accessory heat shield assembly eligible for installation.

(2) For CF6-80E1 engines, at the next engine shop visit after the effective date of this AD, remove from service the accessory heat shield assembly. Use Table 1 of GE SB No. CF6-80E1 S/B 72-0525, dated September 22, 2015 to identify the P/Ns that require removal from service. Install an accessory heat shield assembly eligible for installation.

(f) Installation Prohibition

After the effective date of this AD, do not install any accessory heat shield assembly with a P/N listed in Table 1 of GE SB No. CF6-80C2 S/B 72-1520, dated September 22, 2015 or Table 1 of GE SB No. CF6-80E1 S/B 72-0525, dated September 22, 2015, into any engine.

(g) Definition

For the purpose of this AD, an engine shop visit is defined as the induction of an engine into the shop for maintenance involving the separation of pairs of major mating engine flanges, except that the separation of engine flanges solely for the purposes of transportation without subsequent engine maintenance does not constitute an engine shop visit.

(h) Alternative Methods of Compliance (AMOCs)

The Manager, Engine Certification Office, FAA, may approve AMOCs to this AD. Use the procedures found in 14 CFR 39.19 to make your request. You may email your request to: [email protected]

(i) Related Information

(1) For more information about this AD, contact Herman Mak, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: 781-238-7147; fax: 781-238-7199; email: [email protected]

(2) GE SB No. CF6-80C2 S/B 72-1520, dated September 22, 2015; GE SB No. CF6-80C2 S/B 72-1523, dated September 22, 2015; and GE SB No. CF6-80E1 S/B 72-0525, dated September 22, 2015 can be obtained from GE using the contact information in paragraph (i)(3) of this proposed AD.

(3) For service information identified in this proposed AD, contact General Electric Company, GE Aviation, Room 285, 1 Neumann Way, Cincinnati, OH 45215; phone: 513-552-3272; email: [email protected]

(4) You may view this service information at the FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125.

Issued in Burlington, Massachusetts, on November 25, 2015. Colleen M. D'Alessandro, Directorate Manager, Engine & Propeller Directorate, Aircraft Certification Service.
[FR Doc. 2015-30716 Filed 12-4-15; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Office of the Secretary 14 CFR Part 382 [Docket No. DOT-OST-2015-0246] RIN 2105-AE12 Nondiscrimination on the Basis of Disability in Air Travel; Consideration of Negotiated Rulemaking Process AGENCY:

Office of the Secretary, Department of Transportation.

ACTION:

Notice of intent.

SUMMARY:

The Department of Transportation (“Department” or “DOT”) announces that it is exploring the feasibility of conducting a negotiated rulemaking (Reg Neg) concerning accommodations for air travelers with disabilities addressing inflight entertainment, supplemental medical oxygen, service animals, accessible lavatories on single-aisle aircraft, seating accommodations, and carrier reporting of disability service requests. The Department has hired a convener to speak with interested parties about the feasibility of conducting this Reg Neg. The Department anticipates that the interested parties may include disability advocacy organizations, airlines, airports, airline vendors providing wheelchair assistance, aircraft manufacturers, IFE system manufacturers, movie studios, other IFE content providers, service animal training organizations, and other Federal agencies that have a regulatory interest in these issues such as the Department of Justice, the Federal Communications Commission, and the United States Access Board.

DATES:

Please submit your comments no later than January 6, 2016.

ADDRESSES:

You may submit comments identified by docket number DOT-OST-2015-0246 using any one of the following methods:

Federal eRulemaking Portal: http://www.regulations.gov.

Fax: 202-493-2251.

Mail: Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Ave. SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

If you have questions about the regulatory negotiation, you may contact Kathleen Blank Riether, Senior Attorney, Office of the Aviation Enforcement and Proceedings, U.S. Department of Transportation, by email at [email protected] or by telephone at 202-366-9342. To obtain a copy of this notice in an accessible format, you may also contact Kathleen Blank Riether.

SUPPLEMENTARY INFORMATION:

Congress enacted the Air Carrier Access Act (ACAA) in 1986. It prohibited discrimination in airline service on the basis of disability by U.S. air carriers. In 1990, following a lengthy rulemaking process that included a regulatory negotiation involving representatives of the airline industry and disability community, the Department issued a final ACAA rule. In 2000, Congress amended the ACAA to specifically include foreign air carriers. The ACAA now prohibits U.S. and foreign air carriers from discriminating against individuals on the basis of disability in air travel. In 2008, the Department revised its disability regulation to, among other things, apply its rule to foreign carriers and add new protections for passengers who use portable oxygen concentrators and passengers who are deaf or hard of hearing. See 73 FR 27614 (May 13, 2008), effective May 13, 2009.

In the preamble to the 2008 final rule, the Department explained that it had deferred final decisions regarding a number of proposed requirements and expressed its intent to issue a Supplemental Notice of Proposed Rulemaking (SNPRM) seeking additional public input on carrier-supplied in-flight medical oxygen, transport of service animals, in-flight entertainment, and accessible kiosks and Web sites. The Department also announced its intent to carefully monitor ongoing developments with respect to lavatory accessibility on single aisle aircraft during longer flights to determine if a future rulemaking proposal may be warranted. See 73 FR 27614 (May 13, 2008). In September 2011, the Department issued an SNPRM on airline Web sites and automated airport kiosks. See 76 FR 59307 (September 26, 2011). The proceeding culminated in a final rule mandating that airline Web sites and automated airport kiosks be accessible by specific dates. See 78 FR 67882 (November 12, 2013). The Department is now planning to address in-flight medical oxygen, transport of service animals and in-flight entertainment.

Additionally, since the issuance of the 2008 final rule, the Department has become aware of other difficulties individuals with disabilities are having in accessing the air travel system. For example, airlines and disability organizations 1 have raised concerns with the Department of passengers falsely claiming that their pets are service animals. These groups have also pointed out the inconsistency between the Department of Justice definition of a service animal and the Department of Transportation's definition of a service animal. Separately, the Department has noted the industry trend toward greater use of single aisle aircraft that are not equipped with accessible lavatories on medium and long haul flights. The disability community has also expressed distress that single aisle aircraft are increasingly used by airlines for longer flights but lack accessible lavatories. Issues have also been raised about whether premium economy is a different class of service from standard economy as airlines are required to provide seating accommodations to passengers with disabilities within the same class of service. Extra legroom is a standard feature of premium economy, with some carriers providing premium economy passengers amenities in addition to the standard economy class services. Various disability organizations have reported to the Department that their members are unable to obtain bulkhead seating while traveling with a service animal as the bulkhead seats are now primarily located in what has been designated by airlines as the premium economy section. The Department has also received a petition for rulemaking to modify the existing seating accommodations requirement for passengers who need extra legroom.2

1 See DOT-OST-2009-0093-0001, Psychiatric Service Dog Society Petition for Rulemaking (April 13, 2009).

2 See DOT-OST-2012-0030, In Re Petition for Rule Change of Title 14 CFR 382.81(d) Pertaining to Disabled Seating Accommodations (February 7, 2012).

The Department is exploring the feasibility of conducting a negotiated rulemaking on the remaining issues that it deferred final action on in its 2008 final rule as well as the issues described above that have arisen since its 2008 final rule. Specifically, the Department is exploring a Reg Neg to:

• Ensure that the same in-flight entertainment (IFE) available to all passengers is accessible to passengers with disabilities;

• Provide individuals dependent on in-flight medical oxygen greater access to air travel consistent with Federal safety and security requirements;

• Determine the appropriate definition of a service animal;

• Establish safeguards to reduce the likelihood that passengers wishing to travel with their pets will be able to falsely claim that their pets are service animals;

• Address the feasibility of accessible lavatories on new single aisle aircraft;

• Address whether premium economy is a different class of service from standard economy as airlines are required to provide seating accommodations to passengers with disabilities within the same class of service; and

• Require airlines to report annually to the Department the number of requests for disability assistance they receive and the time period within which wheelchair assistance is provided to passengers with disabilities.

In a Reg Neg, an agency invites representatives of interested parties likely to be significantly affected by a regulation to work with each other and the agency on an advisory committee to seek to reach consensus recommendations on the appropriate resolution of the issues before the committee. If a consensus is reached, the Department will issue a proposed rule consistent with that consensus for public comment under established rulemaking procedures. The Department believes this cooperative problem-solving approach should be given serious consideration. To do so, the Department must determine, among other statutorily-mandated considerations, whether an appropriate advisory committee can be assembled that will fairly represent all affected interests, negotiate in good faith, and offer a reasonable likelihood of reaching a consensus on the issues.

The Department has retained a neutral convener, Mr. Richard Parker from the University of Connecticut School of Law, to undertake the initial stage in the Reg Neg process and assist the agency in making this threshold determination. Mr. Parker's credentials have been placed in docket DOT-OST-2015-0246. The neutral convener will interview representatives of affected interests, including but not limited to, disability advocacy groups, airlines, and manufacturers of aircraft cabin facilities and equipment and determine whether other interest groups should be included. The convener will examine the potential for adequate and balanced representation of the varied interests on an advisory committee convened to negotiate the regulation and/or to reach consensus on specific issues. Based on these interviews, the convener will submit a written report of findings and recommendations to the Department, and the final report will be available to the public. The convenor's report will provide a basis for the Department to decide whether to proceed with a Reg Neg, and, if so, to determine the scope of the issues the committee will address. In the alternative, the Department may also decide to forgo a Reg Neg and proceed with a traditional notice-and-comment rulemaking.

The convener's activities are subject to the confidentiality provisions of the Administrative Dispute Resolution Act, 5 U.S.C. 574. The Federal Government will make no claim to the convener's notes, memoranda, or recollections or to documents provided to the convener in confidence in the course of the convening process. The convener will not interpret Department policy, make decisions on items of policy, regulation, or statute, or take a stand on the merits of substantive matters under discussion.

The Department will provide any comments it receives in response to this notice to the convener and will file the comments in docket DOT-OST-2015-0246. Should the Department decide to proceed with a Reg Neg process, the Agency will follow the procedures set forth in the Negotiated Rulemaking Act of 1996, 5 U.S.C. 561 et seq. This would include the publication of a notice of intent to solicit comment on membership and to invite interested persons to apply for nomination to the committee. It also includes the establishment of an advisory committee under the Federal Advisory Committee Act (5 U.S.C. Appendix 2).

Issued under the authority of delegation in 49 CFR 1.27.

Dated: November 30, 2015. Kathryn B. Thomson, General Counsel.
[FR Doc. 2015-30764 Filed 12-4-15; 8:45 am] BILLING CODE 4910-9X-P
CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Chapter II [Docket No. CPSC-2015-0022] Petition Requesting Rulemaking on Products Containing Organohalogen Flame Retardants; Notice of Opportunity for Oral Presentation of Comments AGENCY:

U.S. Consumer Product Safety Commission.

ACTION:

Notice of opportunity to present oral comments remotely.

SUMMARY:

The United States Consumer Product Safety Commission (“Commission” or “CPSC”) on October 26, 2015 published a notice announcing that, on December 9, 2015, there will be an opportunity for interested persons to present oral comments on a petition received for rulemaking under the Federal Hazardous Substances Act (“FHSA”) regarding additive organohalogen flame retardants. The Commission also will provide for presentations to be made remotely.

DATES:

The meeting for interested persons to present oral comments on the petition will begin at 10 a.m. on December 9, 2015, at 4330 East West Highway, Bethesda, MD 20814. Requests to make oral presentations and the written text of any oral presentations must be received by the Office of the Secretary not later than 12 noon Eastern Standard Time (EST) on December 4, 2015.

ADDRESSES:

You may submit comments, identified by Docket No. CPSC-2015-0022, by any of the following methods:

Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: http://www.regulations.gov. Follow the instructions for submitting comments. The Commission does not accept comments submitted by electronic mail (email), except through www.regulations.gov. The Commission encourages you to submit electronic comments by using the Federal eRulemaking Portal, as described above.

Written Submissions: Submit written submissions by mail/hand delivery/courier to: Office of the Secretary, Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504-7923.

Instructions: All submissions received must include the agency name and docket number for this proposed rulemaking. All comments received may be posted without change, including any personal identifiers, contact information, or other personal information provided, to: http://www.regulations.gov. Do not submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If furnished at all, such information should be submitted in writing.

Docket: For access to the docket to read background documents or comments received, go to: http://www.regulations.gov, and insert the docket number, CPSC-2015-0022, into the “Search” box, and follow the prompts. A copy of the petition is available at: http://www.regulations.gov, under Docket No. CPSC-2015-0022, Supporting and Related Materials.

FOR FURTHER INFORMATION CONTACT:

Rockelle Hammond, Office of the Secretary, Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; telephone (301) 504-7923.

SUPPLEMENTARY INFORMATION: A. Background

On July 1, 2015, the Commission received a petition requesting that the Commission initiate rulemaking under the FHSA to declare several categories of products containing additive organohalogen flame retardants to be “banned hazardous substances.” The petition was filed by Earthjustice and the Consumer Federation of America, which are joined by American Academy of Pediatrics, American Medical Women's Association, Consumers Union, Green Science Policy Institute, International Association of Fire Fighters, Kids in Danger, Philip Landrigan, M.D., M.P.H., League of United Latin American Citizens, Learning Disabilities Association of America, and Worksafe.

B. Opportunity for Oral Presentation of Comments

The Commission is providing a forum for oral presentations concerning the petition regarding additive organohalogen flame retardants. See the information under the headings DATES and ADDRESSES at the beginning of this notice for information on making requests to give oral presentations at the meeting or remotely.

The Commission is also allowing remote participation. Participants may call into a conference line to make their presentations. The conference line number is 866-623-8636 and participant code is 4816474. Remote participants, as well as those presenting in person, must provide the written text of their comments in advance (see the information under the headings DATES and ADDRESSES at the beginning of this notice). Call-in participants should be prepared to provide their first name, last name and affiliation.

Participants should limit their presentations to approximately 10 minutes, exclusive of any periods of questioning by the Commissioners or CPSC staff. To prevent duplicative presentations, groups will be directed to designate a spokesperson. The Commission reserves the right to limit the time further for any presentation and impose restrictions to avoid excessive duplication of presentations.

Dated: December 1, 2015. Todd A. Stevenson, Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2015-30694 Filed 12-4-15; 8:45 am] BILLING CODE 6355-01-P.
DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-127895-14] RIN 1545-BM33 Dividend Equivalents From Sources Within the United States; Correction AGENCY:

Internal Revenue Service (IRS), Treasury.

ACTION:

Correction to notice of proposed rulemaking.

SUMMARY:

This document contains corrections to a notice of proposed rulemaking (REG-127894-14) that was published in the Federal Register on Friday, September 18, 2015 (80 FR 56415). The proposed regulations provide guidance relating to the substantial equivalence test, which is used to determine whether a complex contract is a section 871(m) transaction.

DATES:

Written or electronic comments and request for a public hearing for the notice of proposed rulemaking at 80 FR 56415, September 18, 2015, are still being accepted and must be received by December 17, 2015.

ADDRESSES:

Send submissions to CC:PA:LPD:PR (REG-127895-14), Room 5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-127895-14), Courier's desk, Internal Revenue Service, 1111 Constitution Avenue NW., Washington, DC 20224, or sent electronically, via the Federal eRulemaking Portal at www.regulations.gov (IRS REG-127895-14). The public hearing will be held in the IRS Auditorium, Internal Revenue Building, 1111 Constitution Avenue NW., Washington, DC.

FOR FURTHER INFORMATION CONTACT:

D. Peter Merkel or Karen Walny, at (202) 317-6938 (not a toll-free number).

SUPPLEMENTARY INFORMATION: Background

The notice of proposed rulemaking that is the subject of this document is under section 871(m) of the Internal Revenue Code.

Need for Correction

As published, the notice of proposed rulemaking (REG-127895-14) contains errors that are misleading and are in need of clarification.

Correction to Publication

Accordingly, the notice of proposed rulemaking, that is the subject of FR Doc. 2015-21753, is corrected as follows:

1. On page 56415, in the third column, add a SUMMARY section to read as follows:

SUMMARY:

This document provides guidance to nonresident alien individuals and foreign corporations that hold certain financial products providing for payments that are contingent upon or determined by reference to U.S. source dividend payments. This document also provides guidance to withholding agents that are responsible for withholding U.S. tax with respect to a dividend equivalent.

§ 1.871-15 [Corrected]

2. On page 56416, second column, the second and third lines of amendatory instruction 2, the language “by revising paragraph (c)(2)(vi) and paragraph (h) to read as follows:” is corrected to read “by revising paragraphs (c)(2)(iv), (h), and (q) to read as follows:”.

§ 1.1441-1 [Corrected]

3. On page 56416, second column, the first and second lines of amendatory instruction 3, the language “by revising paragraph (e)(3)(vii) and paragraph (e)(6) to read as follows:” is corrected to read “by revising paragraphs (e)(3)(ii)(E), (e)(5), and (e)(6) to read as follows:”.

Martin V. Franks, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration).
[FR Doc. 2015-30779 Filed 12-4-15; 8:45 am] BILLING CODE 4830-01-P
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1635 RIN 3046-AB02 Genetic Information Nondiscrimination Act of 2008 AGENCY:

Equal Employment Opportunity Commission.

ACTION:

Proposed rule; extension of comment period.

SUMMARY:

The Equal Employment Opportunity Commission (“EEOC” or “Commission”) is extending the comment period for the proposed rule “Genetic Information Nondiscrimination Act of 2008” published on October 30, 2015. The Commission is extending the comment period in response to a stakeholder request for an extension.

DATES:

Comments regarding this proposal must be received by the Commission on or before January 28, 2016. The comment period was originally scheduled to end on December 29, 2015. Please see the section below entitled ADDRESSES and SUPPLEMENTARY INFORMATION for additional information on submitting comments.

ADDRESSES:

You may submit comments, identified by RIN number 3046-AB02, by any of the following methods:

Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

FAX: (202) 663-4114. (There is no toll free FAX number). Only comments of six or fewer pages will be accepted via FAX transmittal, in order to assure access to the equipment. Receipt of FAX transmittals will not be acknowledged, except that the sender may request confirmation of receipt by calling the Executive Secretariat staff at (202) 663-4070 (voice) or (202) 663-4074 (TTY). (These are not toll free numbers).

Mail: Bernadette Wilson, Acting Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, U.S. Equal Employment Opportunity Commission, 131 M Street NE., Washington, DC 20507.

Hand Delivery/Courier: Bernadette Wilson, Acting Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, U.S. Equal Employment Opportunity Commission, 131 M Street NE., Washington, DC 20507.

Instructions: The Commission invites comments from all interested parties. All comment submissions must include the agency name and docket number or the Regulatory Information Number (RIN) for this rulemaking. Comments need be submitted in only one of the above-listed formats. All comments received will be posted without change to http://www.regulations.gov, including any personal information you provide.

Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov. Copies of the received comments also will be available for review at the Commission's library, 131 M Street NE., Suite 4NW08R, Washington, DC 20507, between the hours of 9:30 a.m. and 5:00 p.m., from February 5, 2016 until the Commission publishes the rule in final form.

FOR FURTHER INFORMATION CONTACT:

Christopher J. Kuczynski, Assistant Legal Counsel, at (202) 663-4665 (voice), or Kerry E. Leibig, Senior Attorney Advisor, at (202) 663-4516 (voice), or (202) 663-7026 (TTY). Requests for this notice in an alternative format should be made to the Office of Communications and Legislative Affairs at (202) 663-4191 (voice) or (202) 663-4494 (TTY).

SUPPLEMENTARY INFORMATION:

On October 30, 2015, the EEOC published the proposed rule “The Genetic Information Nondiscrimination Act of 2008” in the Federal Register (80 FR 66853). The previous comment deadline was December 29, 2015. The EEOC has received a request for an extension of the comment deadline for this proposed rule. This action extends the comment period until January 28, 2016.

Dated: December 2, 2015.

For the Commission.

Jenny R. Yang, Chair.
[FR Doc. 2015-30807 Filed 12-4-15; 8:45 am] BILLING CODE P
DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Parts 538 and 560 Effectiveness of Licensing Procedures for Exportation of Agricultural Commodities, Medicine, and Medical Devices to Sudan and Iran; Comment Request AGENCY:

Office of Foreign Assets Control, Treasury.

ACTION:

Request for comments.

SUMMARY:

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is soliciting comments on the effectiveness of OFAC's licensing procedures for the exportation of agricultural commodities, medicine, and medical devices to Sudan and Iran. Pursuant to section 906(c) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (Title IX of Pub. L. 106-387, 22 U.S.C. 7201 et seq.) (the “Act”), OFAC is required to submit a biennial report to the Congress on the operation of licensing procedures for such exports.

DATES:

Written comments should be received on or before January 6, 2016 to be assured of consideration.

ADDRESSES:

You may submit comments by any of the following methods:

Federal eRulemaking Portal: www.regulations.gov

Follow the instructions for submitting comments.

Fax: Attn: Request for Comments (TSRA) (202) 622-0447

Mail: Attn: Request for Comments (TSRA), Office of Foreign Assets Control, Department of the Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20220.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information about these licensing procedures should be directed to the Licensing Division, Office of Foreign Assets Control, Department of the Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20220, telephone: (202) 622-2480 (not a toll free number). Additional information about these licensing procedures is also available at www.treasury.gov/tsra.

SUPPLEMENTARY INFORMATION:

The current procedures used by OFAC for authorizing the export of agricultural commodities, medicine, and medical devices to Sudan and Iran are set forth in 31 CFR 538.523-526 and 31 CFR 560.530-533. Under the provisions of section 906(c) of the Act, OFAC must submit a biennial report to the Congress on the operation, during the preceding two-year period, of the licensing procedures required by section 906 of the Act for the export of agricultural commodities, medicine, and medical devices to Sudan and Iran. This report is to include:

(1) The number and types of licenses applied for;

(2) The number and types of licenses approved;

(3) The average amount of time elapsed from the date of filing of a license application until the date of its approval;

(4) The extent to which the licensing procedures were effectively implemented; and

(5) A description of comments received from interested parties about the extent to which the licensing procedures were effective, after holding a public 30-day comment period.

This notice solicits comments from interested parties regarding the effectiveness of OFAC's licensing procedures for the export of agricultural commodities, medicine, and medical devices to Sudan and Iran for the time period of October 1, 2012 to September 30, 2014. Interested parties submitting comments are asked to be as specific as possible. In the interest of accuracy and completeness, OFAC requires written comments. All comments received on or before January 6, 2016 will be considered by OFAC in developing the report to the Congress. Consideration of comments received after the end of the comment period cannot be assured.

All comments made will be a matter of public record. OFAC will not accept comments accompanied by a request that part or all of the comments be treated confidentially because of their business proprietary nature or for any other reason; OFAC will return such comments when submitted by regular mail to the person submitting the comments and will not consider them.

Copies of past biennial reports may be obtained from OFAC's Web site (www.treasury.gov/resource-center/sanctions/Programs/Pages/lic-agmed-index.aspx). Written requests may be sent to: Office of Foreign Assets Control, U.S. Department of the Treasury, 1500 Pennsylvania Ave. NW., Washington, DC 20220, Attn: Assistant Director for Licensing.

Note: On October 22, 2012, OFAC issued a new general license authorizing the export and reexport of medicine and basic medical supplies to Iran. On July 25, 2013, OFAC updated the list of basic medical supplies authorized by that general license to add additional items and on April 7, 2014, OFAC updated the definition of “basic medical supplies” to exclude the word “basic.” Also on April 7, 2014, OFAC expanded the general license authorizing the export or reexport of food to Iran to include the broader category of agricultural commodities and added a new general license authorizing the export and reexport to Iran of replacement parts for certain medical devices. See 31 CFR 560.530(a)(2)-(4). Accordingly, specific licenses are no longer required for these exports.

Approved: December 1, 2015. John E. Smith, Acting Director, Office of Foreign Assets Control.
[FR Doc. 2015-30787 Filed 12-4-15; 8:45 am] BILLING CODE 4810-25-P
80 234 Monday, December 7, 2015 Notices DEPARTMENT OF AGRICULTURE National Institute of Food and Agriculture Solicitation of Veterinary Shortage Situation Nominations for the Veterinary Medicine Loan Repayment Program (VMLRP) AGENCY:

National Institute of Food and Agriculture, USDA.

ACTION:

Notice and solicitation for nominations.

SUMMARY:

The National Institute of Food and Agriculture (NIFA) is soliciting nominations of veterinary service shortage situations for the Veterinary Medicine Loan Repayment Program (VMLRP) for fiscal year (FY) 2016, as authorized under the National Veterinary Medical Services Act (NVMSA), 7 U.S.C. 3151a. This notice initiates the nomination period and prescribes the procedures and criteria to be used by State, Insular Area, DC and Federal Lands to nominate veterinary shortage situations. Each year all eligible nominating entities may submit nominations, up to the maximum indicated for each entity in this notice. NIFA is conducting this solicitation of veterinary shortage situation nominations under a previously approved information collection (OMB Control Number 0524-0046).

DATES:

Shortage situation nominations, both new and carry over, must be submitted on or before February 10, 2016.

ADDRESSES:

Submissions must be made by clicking the submit button on the Veterinarian Shortage Situation nomination form provided in the VMLRP Shortage Situations section at www.nifa.usda.gov/vmlrp.

This form is sent as a data file directly to the Veterinary Medicine Loan Repayment Program; National Institute of Food and Agriculture; U.S. Department of Agriculture.

FOR FURTHER INFORMATION CONTACT:

Danielle Tack; Program Coordinator, Veterinary Science; National Institute of Food and Agriculture; U.S. Department of Agriculture; STOP 2220; 1400 Independence Avenue SW., Washington, DC 20250-2220; Voice: 202-401-6802; Fax: 202-401-6156; Email: [email protected]

SUPPLEMENTARY INFORMATION: Background and Purpose

A series of three peer-reviewed studies published in 2007 in the Journal of the American Veterinary Medical Association (JAVMA), and sponsored by the Food Supply Veterinary Medicine Coalition (www.avma.org/KB/Resources/Reference/Pages/about-fsvm-coalition.aspx), drew considerable attention to an existing and apparent growing shortage of food supply veterinarians, the causes of shortages in this sector, and the consequences to the US food safety infrastructure and to the general public if this trend continues to worsen. Subsequently the Government Accountability Office released a report entitled “Veterinary Workforce: Actions Are Needed to Ensure Sufficient Capacity for Protecting Public and Animal Health” (GAO-09-178: Feb 18, 2009). This report was followed by a National Academies of Science report in 2013 entitled “Workforce Needs in Veterinary Medicine”. While the 2013 report concluded that some sectors of the veterinary workforce are not in shortage, the authors affirmed that “livestock farmers who live far from populated areas have difficulty obtaining veterinary care.” Furthermore, regarding the largest subgroup of veterinarians serving the food animal industries, the reported stated, “. . . new graduates are not entering this type of practice anymore, [and therefore] food-animal-predominant veterinarians, as a group, are now composed of rapidly-aging members.”

Food supply veterinary medicine embraces a broad array of veterinary professional activities, specialties and responsibilities, and is defined as the full range of veterinary medical practices contributing to the production of a safe and wholesome food supply and to animal, human, and environmental health. The privately practicing food animal veterinary practitioner population within the US is, numerically, the largest, and arguably the most important single component of the food supply veterinary medical sector. Private practice food animal veterinarians, working closely with livestock producers and State and Federal officials, constitute the first line of defense against spread of endemic and zoonotic diseases, introduction of high consequence foreign animal diseases, emergence and propagation of antibiotic resistance, and other threats to the health and wellbeing of both animals and humans who consume animal products.

Among the most alarming findings of the Coalition-sponsored studies was that insufficient numbers of veterinary students are selecting food supply veterinary medical careers. This development has led both to current workforce imbalances and to projected worsening of localized shortages over the subsequent 10 years. Burdensome educational debt was the leading concern students listed for opting not to choose a career in food animal practice or other food supply veterinary sectors. According to the American Veterinary Medical Association's (AVMA) 2015 report on veterinary debt and income, the mean veterinary educational debt for students graduating from veterinary school with debt was $153,191. Such debt loads incentivize students to select other veterinary careers, such as companion animal medicine, which tend to be more financially lucrative and, therefore, enable students to more quickly repay their outstanding educational loans. Furthermore, when this issue was studied in the Coalition report from the perspective of identifying solutions to this workforce imbalance, panelists were asked to rate 18 different strategies for addressing shortages. Responses from the panelists overwhelmingly showed that student debt repayment and scholarship programs were the most important strategies in addressing future shortages (JAVMA 229:57-69). When the VMLRP was first authorized in 2005, the average graduating educational debt of veterinarians was approximately $75,000. Since that time average educational debt burden has more than doubled thereby greatly exacerbating the leading factor promoting the workforce imbalance this program seeks to mitigate.

The VMLRP is aligned with the USDA Strategic Plan for Fiscal Years 2014-2018, particularly with the following strategic goals and objectives: Goal 1—Assist Rural Communities to Create Prosperity so They Are Self-Sustaining, Repopulating, and Economically Thriving, Goal 3—Help America Promote Agricultural Production and Biotechnology Exports as America Works to Increase Food Security, Objective 4.3—Protect Public Health by Ensuring Food is Safe, and Objective 4.4—Protect Agricultural Health by Minimizing Major Diseases and Pests to Ensure Access to Safe, Plentiful, and Nutritious Food. A copy of the USDA Strategic Plan is available at www.ocfo.usda.gov/usdasp/sp2014/usda-strategic-plan-fy-2014-2018.pdf.

Paperwork Reduction Act

In accordance with the Office of Management and Budget (OMB) regulations (5 CFR part 1320) that implement the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection and recordkeeping requirements imposed by the implementation of these guidelines have been approved by OMB Control Number 0524-0046.

List of Subjects in Guidelines for Veterinary Shortage Situation Nominations I. Preface and Authority II. Nomination of Veterinary Shortage Situations A. General 1. Eligible Shortage Situations 2. Authorized Respondents and Use of Consultation 3. Rationale for Capping Nominations and State Allocation Method 4. State Allocation of Nominations 5. FY 2016 Shortage Situation Nomination Process 6. Submission and Due Date 7. Period Covered 8. Definitions B. Nomination Form and Description of Fields 1. Access to Nomination Form 2. Physical Location of Shortage Area or Position 3. Overall Priority of Shortage 4. Type I Shortage 5. Type II Shortage 6. Type III Shortage 7. Specifying a Different Service Time Requirement (Optional) 8. Written Response Sections C. NIFA Review of Shortage Situation Nominations 1. Review Panel Composition and Process 2. Review Criteria Guidelines for Veterinary Shortage Situation Nominations I. Preface and Authority

In January 2003, the National Veterinary Medical Service Act (NVMSA) was passed into law adding section 1415A to the National Agricultural Research, Extension, and Teaching Policy Act of 1997 (NARETPA). This law established a new Veterinary Medicine Loan Repayment Program (7 U.S.C. 3151a) authorizing the Secretary of Agriculture to carry out a program of entering into agreements with veterinarians under which they agree to provide veterinary services in veterinarian shortage situations.

In FY 2010, NIFA announced the first funding opportunity for the VMLRP. From FY 2010 through FY 2015, NIFA received 995 applications from which 291 VMLRP awards totaling $25,292,341 were issued. Funding for FY 2016 and future years are based on annual appropriations and balances, if any, carried forward from prior years, and may vary from year to year.

Section 7105 of the Food, Conservation, and Energy Act of 2008, Public Law 110-246, (FCEA) amended section 1415A to revise the determination of veterinarian shortage situations to consider (1) geographical areas that the Secretary determines have a shortage of veterinarians; and (2) areas of veterinary practice that the Secretary determines have a shortage of veterinarians, such as food animal medicine, public health, epidemiology, and food safety. This section also added that priority should be given to agreements with veterinarians for the practice of food animal medicine in veterinarian shortage situations.

NARETPA section 1415A requires the Secretary, when determining the amount of repayment for a year of service by a veterinarian to consider the ability of USDA to maximize the number of agreements from the amounts appropriated and to provide an incentive to serve in veterinary service shortage areas with the greatest need.

The Secretary delegated the authority to carry out this program to NIFA pursuant to 7 CFR 2.66(a)(141).

Pursuant to the requirements enacted in the NVMSA of 2004 (as revised), and the implementing regulation for this Act, Part 3431 Subpart A of the VMLRP Final Rule [75 FR 20239-20248], NIFA hereby implements guidelines for authorized State Animal Health Officials (SAHO) to nominate veterinary shortage situations for the FY 2016 program cycle:

II. Nomination of Veterinary Shortage Situations A. General 1. Eligible Shortage Situations

Section 1415A of NARETPA, as amended and revised by Section 7105 of FCEA directs determination of veterinarian shortage situations to consider (1) geographical areas that the Secretary determines have a shortage of veterinarians; and (2) areas of veterinary practice that the Secretary determines have a shortage of veterinarians, such as food animal medicine, public health, epidemiology, and food safety. This section also added that priority should be given to agreements with veterinarians for the practice of food animal medicine in veterinarian shortage situations.

While the NVMSA (as amended) specifies priority be given to food animal medicine shortage situations, and that consideration also be given to specialty areas such as public health, epidemiology and food safety, the Act does not identify any areas of veterinary practice as ineligible. Accordingly, all nominated veterinary shortage situations will be considered eligible for submission. However, assessment of submitted nominations by the external review panel convened by NIFA will reflect the intent of Congress that priority be given to certain types of veterinary service shortage situations. NIFA therefore anticipates that the stronger nominations will be those directly addressing food supply veterinary medicine shortage situations.

NIFA has adopted definitions of the practice of veterinary medicine and the practice of food supply medicine that are broadly inclusive of the critical roles veterinarians serve in both public practice and private practice situations. Nominations describing either public or private practice veterinary shortage situations will therefore be eligible for submission.

2. State Respondents and Use of Consultation

The only authorized respondent on behalf of each State is the chief State Animal Health Official (SAHO), as duly authorized by the Governor or the Governor's designee in each State. The chief SAHO must submit nominations using the Veterinarian Shortage Situation Nomination Form (OMB Control Number 0524-0046), which is available in the VMLRP Shortage Situations section on the VMLRP Web site at www.nifa.usda.gov/vmlrp. One form must be submitted for each nominated shortage situation. When selecting “SUBMIT” on the form a data file will be sent directly to NIFA. NIFA strongly encourages the SAHO to involve leading health animal experts in the State in the identification and prioritization of shortage situation nominations.

3. Rationale for Capping Nominations and State Allocation Method

In its consideration of fair, transparent and objective approaches to solicitation of shortage area nominations, NIFA evaluated three alternative strategies before deciding on the appropriate strategy. The first option considered was to impose no limits on the number of nominations submitted. The second was to allow each state the same number of nominations. The third (eventually selected) was to differentially cap the number of nominations per state based on defensible and intuitive criteria.

The first option, providing no limits to the number of nominations per state, is fair to the extent that each state and insular area has equal opportunity to nominate as many situations as desired. However, funding for the VMLRP is limited (relative to anticipated demand), so allowing potentially high and disproportionate submission rates of nominations could both unnecessarily burden the nominators and the reviewers with a potential avalanche of nominations and dilute highest need situations with lower need situations. Moreover, NIFA believes that the distribution of opportunity under this program (i.e., distribution of mapped shortage situations resulting from the nomination solicitation and review process) should roughly reflect the national distribution of food supply veterinary service demand. By not capping nominations based on some objective criteria, it is likely there would be no correlation between the mapped pattern and density of certified shortage situations and the actual pattern and density of need. This in turn could undermine confidence in the program with Congress, the public, and other stakeholders.

The second option, limiting all states and insular areas to the same number of nominations suffers from some of the same disadvantages as option one. It has the benefit of limiting administrative burden on both the SAHO and the nomination review process. However, like option one, there would be no correlation between the mapped pattern of certified shortage situations and the actual pattern of need. For example, Guam and Rhode Island would be allowed to submit the same number of nominations as Texas and Nebraska, despite the large difference in the sizes of their respective animal agriculture industries and rural land areas requiring veterinary service coverage.

The third option, to cap the number of nominations in relation to major parameters correlating with veterinary service demand, achieves the goals both of practical control over the administrative burden to the states and NIFA, and of achieving a mapped pattern of certified nominations that approximates the actual shortage distribution. In addition, this method limits dilution of highest need areas with lower need areas. The disadvantage of this strategy is that there is no validated, unbiased, direct measure of veterinary shortage, and so it is necessary to employ parameters that correlate with the hypothetical cumulative relative need for each state in comparison to other states.

In the absence of a validated unbiased direct measure of relative veterinary service need or risk for each state and insular area, the National Agricultural Statistics Service (NASS) provided NIFA with reliable public data that correlate with demand for food supply veterinary service. NIFA consulted with NASS and determined that the NASS variables most strongly correlated with state-level food supply veterinary service need are “Livestock and Livestock Products Total Sales ($)” and “Land Area” (acres). The “Livestock and Livestock Products Total Sales ($)” variable broadly predicts veterinary service need in a State because this is a normalized (to cash value) estimate of the extent of (live) animal agriculture in the state. The State “land area” variable predicts veterinary service need because there is positive correlation between state land area, percent of state area classified as rural and the percent of land devoted to actual or potential livestock production. Importantly, land area is also directly correlated with the number of veterinarians needed to provide veterinary services in a state because of the practical limitations relating to the maximum radius of a standard veterinary service area. Due to fuel and other cost factors, the maximum radius a veterinarian operating a mobile veterinary service can cover is approximately 60 miles, which roughly corresponds to two or three contiguous counties of average size.

Although these two NASS variables are not perfect predictors of veterinary service demand, NIFA believes they account for a significant proportion of several of the most relevant factors influencing veterinary service need and risk for the purpose of fairly and transparently estimating veterinary service demand. To further ensure fairness and equitability, NIFA is employing these variables in a straightforward and transparent manner that ensures every state and insular area is eligible for at least one nomination and that all States receive an apportionment of nominations, relative to their geographic size and size of agricultural animal industries.

Following this rationale, the Secretary is specifying the maximum number of nominations per state in order to (1) assure distribution of designated shortage areas in a manner generally reflective of the differential overall demand for food supply veterinary services in different states, (2) assure the number of shortage situation nominations submitted fosters emphasis on selection by nominators and applicants of the highest priority need areas, and (3) provide practical and proportional limitations of the administrative burden borne by SAHOs preparing nominations, and by panelists serving on the NIFA nominations review panel.

Furthermore, instituting a limit on the number of nominations is consistent with language in the Final Rule stating, “The solicitation may specify the maximum number of nominations that may be submitted by each State animal health official.”

4. State Allocation of Nominations

The number of designated shortage situations per state will be limited by NIFA, and this has an impact on the number of new nominations a state may submit each time NIFA solicits shortage nominations. In the 2016 cycle, NIFA is again accepting the number of nominations equivalent to the allowable number of designated shortage areas for each state. All eligible submitting entities will, for the 2016 cycle, have an opportunity to do the following: (1) Retain designated status for any shortage situation successfully designated in 2015 (if there is no change to any information, the nomination will be approved for 2016 without the need for re-review by the merit panel), (2) rescind any nomination officially designated in 2015, and (3) submit new nominations. The total of the number of new nominations plus designated nominations retained (carried over) may not exceed the maximum number of nominations each entity is permitted. Any amendment to an existing shortage nomination is presumed to constitute a significant change. Therefore, an amended nomination must be rescinded and resubmitted to NIFA as a new nomination and it will be evaluated by the 2016 review panel.

The maximum number of nominations (and potential designations) has been updated based on 2012 NASS Agricultural Census data. Awards from previous years have no bearing on a state's maximum number of allowable shortage nomination submissions or number of designations for subsequent years. NIFA reserves the right in the future to proportionally adjust the maximum number of designated shortage situations per state to ensure a balance between available funds and the requirement to ensure priority is given to mitigating veterinary shortages corresponding to situations of greatest need. Nomination Allocation tables for FY 2016 are available under the VMLRP Shortage Situations section of the VMLRP Web site at www.nifa.usda.gov/vmlrp.

Table I lists “Special Consideration Areas” which include any State or Insular Area not reporting data, and/or reporting less than $1,000,000 in annual Livestock and Livestock Products Total Sales ($), and/or possessing less than 500,000 acres, as reported by NASS. One nomination is allocated to any State or Insular Area classified as a Special Consideration Area.

Table II shows how NIFA determined nomination allocation based on quartile ranks of States for two variables broadly correlated with demand for food supply veterinary services: “Livestock and Livestock Products Total Sales ($)” (LPTS) and “Land Area (acres)” (LA). The total number of NIFA- designated shortage situations per state in any given program year is based on the quartile ranking of each state in terms of LPTS and LA. States for which NASS has both LPTS and LA values, and which have at least $1,000,000 LPTS and at least 500,000 acres LA (typically all states plus Puerto Rico), were independently ranked from least to greatest value for each of these two composite variables. The two ranked lists were then divided into quartiles with quartile 1 containing the lowest variable values and quartile 4 containing the highest variable values. Each state then received the number of designated shortage situations corresponding to the number of the quartile in which the state falls. Thus, a state that falls in the second quartile for LA and the third quartile for LPTS may submit a maximum of five shortage situation nominations (2 + 3). This transparent computation was made for each state thereby giving a range of 2 to 8 shortage situation nominations, contingent upon each state's quartile ranking for the two variables.

The maximum number of designated shortage situations for each State in 2016 is shown in Table III.

While Federal Lands are widely dispersed within States and Insular Areas across the country, they constitute a composite total land area over twice the size of Alaska. If the 200-mile limit U.S. coastal waters and associated fishery areas are included, Federal Land total acreage would exceed 1 billion. Both State and Federal Animal Health officials have responsibilities for matters relating to terrestrial and aquatic food animal health on Federal Lands. Interaction between wildlife and domestic livestock, such as sheep and cattle, is particularly common in the plains states where significant portions of Federal lands are leased for grazing. Therefore, both SAHOs and the Chief Federal Animal Health Officer (Deputy Administrator, Animal and Plant Health Inspection Service or designee) may submit nominations to address shortage situations on or related to Federal Lands.

NIFA emphasizes that shortage nomination allocation is set to broadly balance the number of designated shortage situations across states prior to the application and award phases of the VMLRP. Awards will be made based strictly on the peer review panels' assessment of the quality of the match between the knowledge, skills and abilities of the applicant and the attributes of the specific shortage situation applied for, thus no state will be given a preference for placement of awardees. Additionally, unless otherwise specified in the shortage nomination form, each designated shortage situation will be limited to one award.

5. FY 2016 Shortage Situation Nomination Process

As described in Section 4 above, all SAHOs will, for the FY 2016 cycle, have an opportunity to do the following: (1) Retain (carry over) designated status for any shortage situation successfully designated in 2014 and not revised, without need for reevaluation by merit review panel, (2) rescind any nomination officially designated in 2014, and (3) submit new nominations. The total number of new nominations and designated nominations retained (carried over) may not exceed the maximum number of shortages each state is allocated. An amendment to an existing shortage nomination constitutes a significant change and therefore must be rescinded and resubmitted to NIFA as a new nomination, to be evaluated by the 2016 review panel. The maximum number of nominations (and potential designations) for each state is provided on NIFA's Web site at www.nifa.usda.gov/vmlrp.

The following process is the mechanism by which a SAHO should retain or rescind a designated nomination: Each SAHO will go to the map of VMLRP designated shortage situations for FY 2015 (http://nifa.usda.gov/vmlrp-map?state=All&fy%5Bvalue%5D%5Byear%5D=2015&=Apply) to obtain the PDF copy of the nomination form for each designated area that went unfilled (not awarded) in FY 2015. If the SAHO wishes to retain (carry over) one or more designated nomination(s), the SAHO shall copy and paste the prior year information (unrevised) into the current year's nomination form and select “SUBMIT”.

Both new and retained nominations must be submitted on the Veterinary Shortage Situation Nomination form provided in the VMLRP Shortage Situations section at www.nifa.usda.gov/vmlrp.

6. Submission and Due Date

Submissions must be made by clicking the submit button on the Veterinarian Shortage Situation nomination form provided in the VMLRP Shortage Situations section at www.nifa.usda.gov/vmlrp.

This form is sent as a data file directly to the Veterinary Medicine Loan Repayment Program; National Institute of Food and Agriculture; U.S. Department of Agriculture. Shortage situation nominations, both new and carry over, must be submitted on or before February 10, 2016.

7. Period Covered

Each shortage situation is approved for one program year cycle only. However, any previously approved shortage situation not filled in a given program year may be resubmitted with no changes as a “carry-over” shortage in response to the solicitation for shortage nominations the following program year. Content of carry-over shortage nominations must not be changed in any respect, except for providing a revised date of submission and/or the name of a new submitting chief SAHO in the event the person holding that post has changed. Carry-over shortage nominations will not be required to undergo panel merit review and shall therefore be automatically approved. However, by resubmitting a nomination in a following program cycle, the SAHO is affirming that it is his or her professional judgment that the original case made for shortage status, and the original description of needs, are still current and accurate.

8. Definitions

For the purpose of implementing the solicitation for veterinary shortage situations, the definitions provided in 7 CFR part 3431 are applicable.

B. Nomination Form and Description of Fields 1. Access to Nomination Form

The veterinary shortage situation nomination form is available in the VMLRP Shortage Situations section at www.nifa.usda.gov/vmlrp. The completed form must be sent to NIFA by selecting “SUBMIT” on the nomination form.

2. Physical Location of Shortage Area or Position

Following conclusion of the nomination and designation process, NIFA will prepare lists and/or maps that include all designated shortage situations for the current program year. This effort requires a physical location that represents the center of the service area for a geographic shortage or the location of the main office or work address for a public practice and/or specialty practice shortage. For example, if the state seeks to certify a tri-county area as a food animal veterinary service (i.e., Type I) shortage situation, a road intersection approximating the center of the tri-county area would constitute a satisfactory physical location for NIFA's listing and mapping purposes. By contrast, if the state is identifying “veterinary diagnostician”, a Type III nomination, as a shortage situation, then the nominator would complete this field by filling in the primary address of the location where the diagnostician would work (e.g., State animal disease diagnostic laboratory).

3. Overall Priority of Shortage

Congressional intent is for this program to incentivize applicants to “serve in veterinary service shortage areas with the greatest need.” There is therefore the presumption that all areas nominated as shortage situations should be classified as at least “moderate priority” shortages. To assist nomination merit review panelists and award phase peer panelists in scoring shortage nominations and ranking applications from VMLRP applicants, SAHOs are asked to characterize each shortage situation nomination as “Moderate Priority”, “High Priority”, or “Critical Priority” shortages.

Moderate Priority: This shortage prioritization corresponds to an area lacking in some aspect of food supply veterinary services, commensurate with the service percent full-time-equivalency (FTE) specified. Absence of, or insufficient, trained “eyes and ears” of a veterinarian serving a food animal production area is sufficient to constitute moderate priority shortage status. This is because access to veterinary services is necessary for basic animal health, animal well-being, production profitability, and for food safety, and because high consequence disease outbreaks in agricultural animals or natural catastrophes can occur spontaneously anywhere. In such cases, early detection of disease and/or treatment of animals are essential. These activities are the authorized purview of a licensed veterinarian. In addition to the above examples, the SAHO is invited to make a unique case based on other situation-specific risk criteria, for classifying a nominated area as a Moderate Priority shortage.

High Priority: This shortage prioritization corresponds to an area lacking sufficient access to food supply veterinary services, commensurate with the service percent FTE specified. High Priority status is justified by meeting the criteria for Moderate Priority status plus any of a variety of additional concerns relating to food supply veterinary medicine and/or public health. For example, the area may exhibit an especially large census of food animals in comparison to available veterinary services. Special animal or public health threats unique to the area, such as a recent history of outbreaks of high consequence, reportable, endemic animal and zoonotic diseases (e.g., Brucellosis, TB, etc.) could also constitute a high priority threat. In addition to the above examples, the SAHO is invited to make a unique case based on other situation-specific risk criteria, for classifying a nominated area as a High Priority shortage.

Critical Priority: This shortage prioritization corresponds to an area severely lacking in some aspect of food supply or public health-related veterinary services, commensurate with the service percent FTE specified. Critical priority status is justified by meeting the criteria for moderate and/or high priority status plus any of a variety of additional serious concerns relating to the roles food supply veterinarians play in protecting animal and public health. For example, an area may exhibit an especially high potential for natural disasters or for incursion of catastrophic foreign animal disease such as Highly Pathogenic Avian Influenza, Mad Cow Disease, or Foot and Mouth Disease. High risk areas could include high through-put international animal importation sites and areas where wildlife and domestic food animals cross national borders carrying infectious disease agents (e.g., the US-Mexico border). In addition to the above examples, the submitting SAHO is invited to make a unique case based on other situation-specific risk criteria for classifying a nominated area as a Critical Priority shortage.

4. Type I Shortage—80 Percent or Greater Private Practice Food Supply Veterinary Medicine

SAHOs identifying this shortage type must check one or more boxes indicating which specie(s) constitute the veterinary shortage situation. Indicate either “Must Cover” or “May Cover” to stipulate which species a future awardee must be prepared, willing, and committed to provide services for, versus which species an awardee could treat using a minor percentage of their time obligated under a VMLRP contract. The Type I shortage situation must entail at least an 80 percent time commitment to private practice food supply veterinary medicine. The nominator will specify the minimum percent time (between 80 and 100 percent of a standard 40 hour week) a veterinarian must commit in order to satisfactorily fill the specific nominated situation. The shortage situation may be located anywhere (rural or non-rural) so long as the veterinary service shortages to be mitigated are consistent with the definition of “practice of food supply veterinary medicine.” The minimum 80 percent time commitment is, in part, recognition of the fact that occasionally food animal veterinary practitioners are expected to meet the needs of other veterinary service sectors such as clientele owning companion and exotic animals. Type I nominations are intended to address those shortage situations where the nominator believes a veterinarian can operate profitably committing between 80 and 100 percent time to food animal medicine activities in the designated shortage area, given the client base and other socio-economic factors impacting viability of veterinary practices in the area. This generally corresponds to a shortage area where clients can reasonably be expected to pay for professional veterinary services and where food animal populations are sufficiently dense to support a (or another) veterinarian. The personal residence of the veterinarian (VMLRP award recipient) and the address of veterinary practice employing the veterinarian may or may not fall within the geographic bounds of the designated shortage area.

5. Type II Shortage—30 Percent or Greater Private Practice Food Supply Veterinary Medicine in a Rural Area (as Defined)

SAHOs identifying this shortage type must check one or more boxes indicating which specie(s) constitute the veterinary shortage situation. Indicate either “Must Cover” or “May Cover” to stipulate which species a future awardee must be prepared, willing, and committed to provide services for, versus which species an awardee could treat using a minor percentage of their time obligated under a VMLRP contract. The shortage situation must be in an area satisfying the definition of “rural.” The minimum 30 percent-time (12 hours/week) commitment of an awardee to serve in a rural shortage situation is in recognition of the fact that there may be some remote or economically depressed rural areas in need of food animal veterinary services that are unable to support a practitioner predominately serving the food animal sector, yet the need for food animal veterinary services for an existing, relatively small, proportion of available food animal business is nevertheless great. The Type II nomination is therefore intended to address those rural shortage situations where the nominator believes there is a shortage of food supply veterinary services, and that a veterinarian can operate profitably committing 30 to 79 percent to food animal medicine in the designated rural shortage area. The nominator will specify the minimum percent time (between 30 and 79 percent) a veterinarian must commit in order to satisfactorily fill the specific nominated situation. Under the Type II nomination category, the expectation is that the veterinarian may provide veterinary services to other veterinary sectors (e.g., companion animal clientele) as a means of achieving financial viability. As with Type I nominations, the residence of the veterinarian (VMLRP award recipient) and/or the address of veterinary practice employing the veterinarian may or may not fall within the geographic bounds of the designated shortage area. However, the awardee is required to verify the specified minimum percent time commitment (30 percent to 79 percent, based on a standard 40 hour work week) to service within the specified geographic shortage area.

6. Type III Shortage—Public Practice Shortage (49 Percent or Greater Public Practice)

SAHOs identifying this shortage type must, in the spaces provided, identify the “Employer” and the presumptive “Position Title”, and check one or more of the appropriate boxes identifying the specialty/disciplinary area(s) being nominated as a shortage situation. This is a broad nomination category comprising many types of specialized veterinary training and employment areas relating to food supply veterinary workforce capacity and capability. These positions are typically located in city, county, State and Federal Government, and institutions of higher education. Examples of positions within the public practice sector include university faculty and staff, veterinary laboratory diagnostician, County Public Health Officer, State Veterinarian, State Public Health Veterinarian, State Epidemiologist, FSIS meat inspector, Animal and Plant Health Inspection Service (APHIS) Area Veterinarian in Charge (AVIC), and Federal Veterinary Medical Officer (VMO).

Veterinary shortage situations such as those listed above are eligible for consideration under Type III nomination. However, nominators should be aware that Congress has stipulated that the VMLRP must emphasize private food animal practice shortage situations. Accordingly, NIFA anticipates that loan repayments for the Public Practice sector will be limited to approximately 10 percent of total nominations and/or available funds.

The minimum time commitment serving under a Type III shortage nomination is 49 percent. The nominator will specify the minimum percent time (between 49 percent and 100 percent) a veterinarian must commit in order to satisfactorily fill the specific nominated situation. NIFA understands that some public practice employment opportunities that are shortage situations may be part-time positions. For example, a veterinarian pursuing an advanced degree (in a shortage discipline area) on a part-time basis may also be employed by the university for the balance of the veterinarian's time to provide part-time professional veterinary service(s) such as teaching, clinical service, or laboratory animal care that may or may not also qualify as veterinary shortage situations. The 49 percent minimum therefore provides flexibility to nominators wishing to certify public practice shortage situations that would be ineligible under more stringent minimum percent time requirements.

7. Specifying a Different Service Time Requirement (Optional)

Minimum percent FTE service obligated under the VMLRP is specified for each of the three shortage types. However, the nominator may indicate, in the box provided on page 2 of the nomination form, a greater percent FTE than the specified minimum, according to the following guidelines. For a Type I shortage, the minimum FTE obligation is 80 percent, but the nominator may specify up to 100 percent (100 percent FTE corresponds to 40 hours/week). The minimum FTE obligation is 30 percent for Type II shortage situation, but the nominator may specify up to 79 percent. Higher percentages should be submitted as Type I shortages. The minimum FTE obligation is 49 percent for Type III (public practice) shortage situations, but the nominator may specify up to 100 percent. An entry should be made in the box for specification of percent FTE if the percentage specified is other than the default minimum. Otherwise the box should be left blank. In assigning a percentage FTE, SAHOs should be cognizant of the impact this has on an eventual awardee. If the percentage is too high for an awardee to achieve, he or she could fall into breach status under the program and owe any distributed funds back to NIFA. NIFA requires formal quarterly certification that minimum service time was worked before each quarterly loan repayment is paid to the awardee's lender(s). Accordingly, NIFA advises that a nomination be submitted only if the SAHO is confident that an awardee can meet the default, or optionally specified, minimum FTE percentage each and every one of the 12 quarters (i.e., twelve 3-month periods) constituting the 3-year duration of service under the program.

8. Written Response Sections a. Importance and Objectives of a Veterinarian Meeting This Shortage Situation

Within the allowed word limit the nominator should clearly state overarching objectives the State hopes to achieve by placing a veterinarian in the nominated situation and measure(s) awardees and NIFA could use to assess success. Include the minimum percent time commitment (within the range of the shortage type selected) the awardee is expected to devote to filling the specific food supply veterinary shortage situation.

b. Activities of a Veterinarian Meeting This Shortage Situation

Within the allowed word limit the nominator should clearly state the principal day-to-day professional activities that would have to be conducted in order to achieve the objectives described in a. above.

c. Past Efforts To Recruit and Retain a Veterinarian in the Shortage Situation

Within the allowed word limit the nominator should explain any prior efforts to mitigate this veterinary service shortage and prospects for recruiting veterinarian(s) in the future.

d. Risk of This Veterinarian Position Not Being Secured or Retained

Within the allowed word limit the nominator should explain the consequences of not addressing this veterinary shortage situation.

e. Affirmation Checkboxes

SAHOs submitting shortage nominations should check both “affirmation” boxes on the last page of the nomination form. These two affirmations provide assurance that submitting SAHOs understand the shortage nomination process and the importance of the SAHO having reasonable confidence that the nomination submitted describes a bona fide shortage area. The second assurance is particularly important to help avoid the placement of a VMLRP awardee where veterinary coverage already exists, and where undue competition could lead to insufficient clientele demand to support either the awardee or the veterinary practice originally serving the area.

C. NIFA Review of Shortage Situation Nominations 1. Review Panel Composition and Process

NIFA will convene a panel of food supply veterinary medicine experts from Federal and state agencies, as well as institutions receiving Animal Health and Disease Research Program funds under section 1433 of NARETPA, who will review the nominations and make recommendations to the NIFA Program Manager. NIFA explored the possibility of including experts from non-governmental professional organizations and sectors for this process, but under NARETPA section 1409A(e), panelists for the purposes of this process are limited to Federal and State agencies and cooperating state institutions (i.e., NARETPA section 1433 recipients), and other postsecondary educational institutions.

NIFA will review the panel recommendations and designate the VMLRP shortage situations. The list of shortage situations will be made available on the VMLRP Web site at www.nifa.usda.gov/vmlrp.

2. Review Criteria

Criteria used by the shortage situation nomination review panel and NIFA for certifying a veterinary shortage situation will be consistent with the information requested in the shortage situations nomination form. NIFA understands that defining the risk landscape associated with shortages of veterinary services throughout a state is a process that may require consideration of many qualitative and quantitative factors. In addition, each shortage situation will be characterized by a different array of subjective and objective supportive information that must be developed into a cogent case identifying, characterizing, and justifying a given geographic or disciplinary area as deficient in certain types of veterinary capacity or service. To accommodate the uniqueness of each shortage situation, the nomination form provides opportunities to present a case using both supportive metrics and narrative explanations to define and explain the proposed need. At the same time, the elements of the nomination form provide a common structure for the information collection process which will in turn facilitate fair comparison of the relative merits of each nomination by the evaluation panel.

While NIFA anticipates some arguments made in support of a given shortage situation will be qualitative, respondents are encouraged to present verifiable quantitative and qualitative evidentiary information wherever possible. Absence of quantitative data such as animal and veterinarian census data for the proposed shortage area(s) may lead the panel to recommend not approving the shortage nomination.

The maximum point value review panelists may award for each element is as follows:

20 points: Describe the objectives of a veterinarian meeting this shortage situation as well as being located in the community, area, state/insular area, or position requested above.

20 points: Describe the activities of a veterinarian meeting this shortage situation and being located in the community, area, state/insular area, or position requested above.

5 points: Describe any past efforts to recruit and retain a veterinarian in the shortage situation identified above.

35 points: Describe the risk of this veterinarian position not being secured or retained. Include the risk(s) to the production of a safe and wholesome food supply and/or to animal, human, and environmental health not only in the community but in the region, state/insular area, nation, and/or international community.

An additional 20 points will be used to evaluate overall merit/quality of the case made for each nomination.

Prior to the panel being convened, shortage situation nominations will be evaluated and scored according to the established scoring system by a primary reviewer. When the panel convenes, the primary reviewer will present each nomination orally in summary form. After each presentation, panelists will have an opportunity, if necessary, to discuss the nomination, with the primary reviewer leading the discussion and recording comments. After the panel discussion is complete, any scoring revisions will be made by and at the discretion of the primary reviewer. The panel is then polled to recommend, or not recommend, the shortage situation for designation. Nominations scoring 70 or higher by the primary reviewer (on a scale of 0 to 100), and receiving a simple majority vote in support of designation as a shortage situation will be “recommended for designation as a shortage situation.” Nominations scoring below 70 by the primary reviewer, and failure to achieve a simple majority vote in support of designation will be “not recommended for designation as a shortage situation.” In the event of a discrepancy between the primary reviewer's scoring and the panel poll results, the VMLRP program manager will be authorized to make the final determination on the nomination's designation.

Done in Washington, DC, this 1st day of December 2015. Meryl Broussard, Associate Director for Programs, National Institute of Food and Agriculture.
[FR Doc. 2015-30717 Filed 12-4-15; 8:45 am] BILLING CODE 3410-22-P
COMMISSION ON CIVIL RIGHTS Sunshine Act Meeting Notice AGENCY:

United States Commission on Civil Rights.

ACTION:

Notice of Commission Business Meeting.

DATES:

Date and Time: Friday, December 11, 2015; 2:00 p.m. EST.

ADDRESSES:

Place: 1331 Pennsylvania Ave. NW., Suite 1150, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Lenore Ostrowsky, Acting Chief, Public Affairs Unit (202) 376-8591.

Hearing-impaired persons who will attend the briefing and require the services of a sign language interpreter should contact Pamela Dunston at (202) 376-8105 or at [email protected] at least seven business days before the scheduled date of the meeting.

SUPPLEMENTARY INFORMATION: Meeting Agenda

This meeting is open to the public.

I. Approval of Agenda II. Program Planning • Discussion and vote on part B findings and recommendations for Peaceful Coexistence report • Presentation of town hall budget estimates for the environmental justice report • Discussion and vote on town hall meeting plan • Discussion on plan for revision of Native American “Quiet Crisis” and the report on the Effect of Undocumented Immigrants on African American Employment III. Management and Operations • Mississippi SAC Chair Report • Staff Director Report IV. Adjourn Meeting Dated: December 3, 2015. David Mussatt, Regional Programs Unit Chief, U.S. Commission on Civil Rights.
[FR Doc. 2015-30857 Filed 12-3-15; 11:15 am] BILLING CODE 6335-01-P
DEPARTMENT OF COMMERCE International Trade Administration Advisory Committee on Supply Chain Competitiveness Charter Renewal AGENCY:

International Trade Administration, U.S. Department of Commerce.

ACTION:

Notice.

SUMMARY:

The Chief Financial Officer and Assistant Secretary for Administration, with the concurrence of the General Services Administration, renewed the Charter for the Advisory Committee on Supply Chain Competitiveness on November 17, 2015.

DATES:

The Charter for the Advisory Committee on Supply Chain Competitiveness was renewed on November 17, 2015.

FOR FURTHER INFORMATION CONTACT:

Richard Boll, Supply Chain Team, Room 11014, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; phone 202-482-1135; email: [email protected]

SUPPLEMENTARY INFORMATION:

The Chief Financial Officer and Assistant Secretary for Administration, with the concurrence of the General Services Administration, renewed the Charter for the Advisory Committee on Supply Chain Competitiveness on November 17, 2015. This Notice is published in accordance with the Federal Advisory Committee Act (FACA) (Title 5, United States Code, Appendix 2, § 9). It has been determined that the Committee is necessary and in the public interest. The Committee was established pursuant to Commerce's authority under 15 U.S.C. 1512, established under the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C., and with the concurrence of the General Services Administration. The Committee provides advice to the Secretary on the necessary elements of a comprehensive policy approach to supply chain competitiveness designed to support U.S. export growth and national economic competitiveness, encourage innovation, facilitate the movement of goods, and improve the competitiveness of U.S. supply chains for goods and services in the domestic and global economy; and to provide advice to the Secretary on regulatory policies and programs and investment priorities that affect the competitiveness of U.S. supply chains. The total number of members that may serve on the Committee is a maximum of 45.

Dated: December 1, 2015. David Long, Director, Office of Supply Chain and Professional & Business Services.
[FR Doc. 2015-30757 Filed 12-4-15; 8:45 am] BILLING CODE 3510-DR-P
DEPARTMENT OF COMMERCE International Trade Administration [A-570-849] Certain Cut-to-Length Carbon Steel Plate From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY:

Enforcement and Compliance, International Trade Administration, Department of Commerce.

SUMMARY:

On August 11, 2015, the Department of Commerce (the “Department”) published the Preliminary Results of the administrative review (“AR”) of the antidumping duty order on certain cut-to-length carbon steel plate (“CTL plate”) from the People's Republic of China (“PRC”).1 The period of review (“POR”) is November 1, 2013, through October 31, 2014. The Department invited interested parties to comment on the Preliminary Results. Only Nucor Corporation (“Petitioner”) submitted comments to the Department. After considering the comments received, the Department made no changes to the Preliminary Results in these final results of review.

1See Certain Cut-to-Length Carbon Steel Plate From the People's Republic of China: Preliminary Results of Antidumping Administrative Review and Preliminary Determination of No Shipments; 2013-2014, 80 FR 48073 (August 11, 2015) (“Preliminary Results”).

DATES:

Effective Date: December 7, 2015.

FOR FURTHER INFORMATION CONTACT:

Patrick O'Connor, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0989.

SUPPLEMENTARY INFORMATION: Background

On August 11, 2015, the Department published the Preliminary Results of the AR of the antidumping duty order on CTL plate from the PRC covering the period November 1, 2013, through October 31, 2014, in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (“the Act”). The AR covers six PRC companies. The Department invited interested parties to comment on the Preliminary Results. On September 10, 2015, the Department received comments from the Petitioner. No other party submitted comments on the Preliminary Results.

Scope of the Order

The product covered by the order is certain cut-to-length carbon steel plate from the PRC.2 This merchandise is currently classified in the Harmonized Tariff Schedule of the United States (“HTSUS”) under item numbers 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7212.40.5000, and 7212.50.0000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive.

2See Certain Cut-to-Length Carbon Steel Plate from the People's Republic of China: Issue and Decision Memorandum for the Final Results of the 2013-2014 Administrative Review, dated concurrently with this notice, for a complete description of the scope of the order (“Issue and Decision Memorandum”).

Analysis of the Comments Received

The issue raised in Petitioner's case brief is addressed in the Issues and Decision Memorandum which is dated concurrently with, and hereby adopted by, this notice. A list of the sections in the Issues and Decision Memorandum is appended to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Services System (“ACCESS”). ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records Unit of the main Department building, room B8024. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and electronic version of the Issues and Decision Memorandum are identical in content.

Companies That Did Not Demonstrate Separate Rate Eligibility

In the Preliminary Results, the Department determined that five companies did not establish their eligibility for separate rate status and, thus, are part of the PRC-wide entity.3 In its comments on the Preliminary Results, Petitioner states that the Department correctly denied Hunan Valin Xiangtan Iron & Steel Co., Ltd. (“Hunan Valin”) separate rate status. In these final results, we are continuing to treat Hebei Iron, Hunan Valin, Jiangyin Plastic, Jiangyin Steel, and Xiamen Paper as part of the PRC-wide entity. Because no party requested a review of the PRC-wide entity, the entity is not under review and the entity's rate is not subject to change.4

3See Preliminary Results at 80 FR 48074. The five companies that did not establish their eligibility for a separate rate are: Hebei Iron & Steel Co., Ltd. (“Hebei Iron”); Hunan Valin; Jiangyin Xingcheng Plastic Chemical Co., Ltd. (“Jiangyin Plastic”); Jiangyin Xingcheng Special Steel Works Co., Ltd. (“Jiangyin Steel”); and Xiamen C&D Paper & Pulp Co., Ltd. (“Xiamen Paper”). See also Comment 1 of the Issues and Decision Memorandum.

4See Preliminary Results. See also Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 2013). Under this practice, the PRC-wide entity will not be under review unless a party specifically requests, or the Department self-initiates, a review of the entity.

Final Determination of No Shipments

In the Preliminary Results, we determined that Wuyang Iron & Steel Co, Ltd. (“Wuyang Iron”) did not have any reviewable transactions during the POR.5 We did not receive any comments concerning our finding of no shipments by Wuyang Iron. In these final results, we continue to determine that Wuyang Iron had no reviewable transactions of subject merchandise during the POR.

5See Preliminary Results and accompanying Decision Memorandum at 4.

Assessment Rates

Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b), the Department has determined, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of these final results of this review. The Department intends to instruct CBP to liquidate any entries of subject merchandise from Hebei Iron, Hunan Valin; Jiangyin Plastic, Jiangyin Steel, and Xiamen Paper, at 128.59 percent (the PRC-wide rate).

Additionally, pursuant to the Department's practice, because we determined that Wuyang Iron had no shipments of subject merchandise during the POR, we intend to instruct CBP to liquidate any suspended entries of subject merchandise from Wuyang Iron at the PRC-wide rate.6

6 For a full discussion of this practice, see Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011).

Cash Deposit Requirements

The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of review, as provided by section 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed PRC and non-PRC exporters which are not under review in this segment of the proceeding but which have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (2) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, including Hebei Iron; Hunan Valin; Jiangyin Plastic; Jiangyin Steel; and Xiamen Paper, the cash deposit rate will be the PRC-wide rate of 128.59 percent; and (3) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter(s) that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice.

Notification to Importers

This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

Administrative Protective Order

This notice also serves as a reminder to parties subject to administrative protective order (“APO”) of their responsibility concerning the return or destruction of proprietary information disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/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.

These final results of review are issued and published in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.

Dated: November 24, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix Summary Background Scope of the Order Discussion of the Issues Comment 1: Whether Hunan Valin Xiangtan Iron & Steel Co. Ltd. (“Hunan Valin”) has Demonstrated Eligibility for Separate Rate Status Recommendation
[FR Doc. 2015-30789 Filed 12-4-15; 8:45 am] BILLING CODE 3510-DS-P
DEPARTMENT OF COMMERCE International Trade Administration [C-570-953] Narrow Woven Ribbons With Woven Selvedge From the People's Republic of China: Final Results of Expedited Sunset Review of the Countervailing Duty Order AGENCY:

Enforcement and Compliance, International Trade Administration, Department of Commerce.

SUMMARY:

The Department of Commerce (the Department) finds that revocation of the countervailing duty order (CVD) order on narrow woven ribbons with woven selvedge (ribbons) from the People's Republic of China (PRC) would be likely to lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the “Final Results of Review” section of this notice.

DATES:

Effective Date: December 7, 2015.

FOR FURTHER INFORMATION CONTACT:

Toby Vandall, Office I, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1664.

SUPPLEMENTARY INFORMATION: Background

On August 3, 2015, the Department initiated a sunset review of the CVD Order1 on ribbons from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On August 14, 2015, the Department received a notice of intent to participate in the review on behalf of Berwick Offray LLC and its wholly-owned subsidiary Lion Ribbon Company, LLC (collectively, Berwick Offray) within the deadline specified in 19 CFR 351.218(d)(1)(i). Berwick Offray claimed interested party status under section 771(9)(C) of the Act, as domestic producers of the domestic like product.

1See Narrow Woven Ribbons with Woven Selvedge from the People's Republic of China: Countervailing Duty Order, 75 FR 53642 (September 1, 2010) (CVD Order).

2See Initiation of Five-Year (“Sunset”) Review, 80 FR 45945 (August 3, 2015).

The Department received adequate substantive responses from the domestic industry within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). The Department did not receive a substantive response from the Government of the PRC or any respondent interested party to the proceeding. Because the Department received no response from the respondent interested parties, the Department conducted an expedited review of this CVD Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(l)(ii)(B)(2) and (C)(2).

Scope of the Order

The merchandise subject to the order is narrow woven ribbons with woven selvedge, in any length, but with a width (measured at the narrowest span of the ribbon) less than or equal to 12 centimeters, composed of, in whole or in part, man-made fibers (whether artificial or synthetic, including but not limited to nylon, polyester, rayon, polypropylene, and polyethylene teraphthalate), metal threads and/or metalized yarns, or any combination thereof. The merchandise subject to this order is classifiable under the HTSUS statistical categories 5806.32.1020; 5806.32.1030; 5806.32.1050 and 5806.32.1060. Subject merchandise also may enter under subheadings 5806.31.00; 5806.32.20; 5806.39.20; 5806.39.30; 5808.90.00; 5810.91.00; 5810.99.90; 5903.90.10; 5903.90.25; 5907.00.60; and 5907.00.80 and under statistical categories 5806.32.1080; 5810.92.9080; 5903.90.3090; and 6307.90.9889. The HTSUS statistical categories and subheadings are provided for convenience and customs purposes; however, the written description of the merchandise under the order is dispositive.3

3 A full description of the scope of the order is contained in the memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, “Issues and Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Countervailing Duty Order on Narrow Woven Ribbons with Woven Selvedge from the People's Republic of China” (Issues and Decision Memorandum), dated concurrently with these results and hereby adopted by this notice.

Analysis of Comments Received

All issues raised in this review are addressed in the Issues and Decision Memorandum. The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of a countervailable subsidy and the net countervailable subsidy likely to prevail if the CVD Order were revoked. Parties can find a complete discussion of all issues raised in this expedited sunset review and the corresponding recommendations in this public memorandum, which is on file electronically via the Enforcement and Compliance Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content.

Final Results of Review

Pursuant to sections 752(b)(1) and (3) of the Act, we determine that revocation of the CVD Order on ribbons from the PRC would be likely to lead to continuation or recurrence of a net countervailable subsidy at the rates listed below:

Manufacturers/exporters Net
  • countervailable subsidy rate
  • (percent)
  • Changtai Rongshu Textile Co., Ltd 117.95 Yama Ribbons and Bows Co., Ltd 1.56 All Others 1.56
    Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 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 notification of return/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.

    The Department is issuing and publishing these final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218.

    Dated: December 1, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
    [FR Doc. 2015-30790 Filed 12-4-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-964] Seamless Refined Copper Pipe and Tube From the People's Republic of China: Preliminary Results and Partial Rescission of Administrative Review; 2013-2014 AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    The Department of Commerce (the “Department”) is conducting the fourth administrative review of the antidumping duty order on seamless refined copper pipe and tube from the People's Republic of China (“PRC”), covering the period November 1, 2013, through October 31, 2014. The Department preliminarily determines that, during the period of review (“POR”), respondent Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD Trading Co., Ltd., and Golden Dragon Holding (Hong Kong) International, Ltd. and eight affiliated producers that comprise the GD Single Entity 1 have made sales of subject merchandise at less than normal value. Interested parties are invited to comment on these preliminary results.

    1 The GD Single Entity includes the following companies: (1) Golden Dragon Precise Copper Tube Group, Inc.; (2) Golden Dragon Holding (Hong Kong) International, Ltd.; (3) Hong Kong GD Trading Co., Ltd.; (4) Shanghai Longyang Precise Copper Compound Copper Tube Co., Ltd.; (5) Jiangsu Canghuan Copper Industry Co., Ltd.; (6) Guangdong Longfeng Precise Copper Tube Co., Ltd.; (7) Wuxi Jinlong Chuancun Precise Copper Tube Co., Ltd.; (8) Longkou Longpeng Precise Copper Tube Co., Ltd.; (9) Xinxiang Longxiang Precise Copper Tube Co., Ltd.; (10) Coaxian Ailun Metal Processing Co., Ltd.; and (11) Chonqing Longyu Precise Copper Tube Co., Ltd. (the “GD Single Entity”) See section entitled, “Preliminary Affiliation and Single Entity Determination,” below.

    DATES:

    Effective Date: December 7, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Drew Jackson, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 482-4406.

    SUPPLEMENTARY INFORMATION: Scope of the Order

    The merchandise subject to the order is seamless refined copper pipe and tube. The product is currently classified under Harmonized Tariff Schedule of the United States (“HTSUS”) item numbers 7411.10.1030 and 7411.10.1090. Products subject to this order may also enter under HTSUS item numbers 7407.10.1500, 7419.99.5050, 8415.90.8065, and 8415.90.8085. Although the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope of this order remains dispositive.2

    2See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, regarding “Decision Memorandum for the Preliminary Results of the 2013-2014 Administrative Review of the Antidumping Duty Order on Seamless Refined Copper Pipe and Tube from the People's Republic of China,” dated November 30, 2015, for a complete description of the scope of the order (“Preliminary Decision Memorandum”).

    Extension of Deadlines for Preliminary Results

    On July 15, 2015, the Department extended the time period for issuing the preliminary results of this review until November 30, 2015.3

    3See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, through Abdelali Elouaradia, Office Director, Antidumping and Countervailing Duty Operations, Office 4, regarding “Seamless Refined Copper Pipe and Tube from the People's Republic of China: Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review” (July 15, 2015).

    Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. The Department initiated this review on December 23, 2014.4 On March 23, 2015, interested parties timely withdrew all review requests for the following companies: (1) Shanghai Hailiang Copper Co., Ltd.; (2) Zhejiang Hailiang Co., Ltd.; (3) China Hailiang Metal Trading; (4) Foshan Hua Hong Copper Tube Co., Ltd.; (5) Guilin Lijia Metals Co., Ltd.; (6) Hong Kong Hailiang Metal; (7) Ningbo Jintian Copper Tube Co., Ltd.; (8) Shanghai Hailiang Metal Trading Limited; (9) Sinochem Ningbo Ltd.; (10) Sinochem Ningbo Import & Export Co., Ltd.; (11) Taicang City Jinxin Copper Tube Co., Ltd.; (12) Zhejiang Jiahe Pipes Inc.; and (13) Zhejiang Naile Copper Co., Ltd. Therefore, in accordance with 19 CFR 351.213(d)(1), we are rescinding this review with respect to these 13 companies. The Golden Dragon Group Companies 5 did not withdraw their request for administrative review; therefore we are not rescinding the review of the GD Single Entity.

    4See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 76956 (December 23, 2014).

    5 Respondent's submissions in this administrative review are filed on behalf of Golden Dragon Precise Copper Tube Group, Inc., Hong Kong GD, Trading Co., Ltd., GD Copper Cooperatief UA, Golden Dragon Holding (Hong Kong) International, Ltd., and GD Copper (U.S.A.) (“Golden Dragon Group Companies”).

    Preliminary Affiliation and Single Entity Determination

    Based on record evidence, the Department preliminarily finds that the following companies are affiliated pursuant to section 771(33)(F) of the Tariff Act of 1930, as amended (“the Act”): (1) Golden Dragon Precise Copper Tube Group, Inc.; (2) Golden Dragon Holding (Hong Kong) International, Ltd.; (3) Hong Kong GD Trading Co., Ltd.; (4) Shanghai Longyang Precise Copper Compound Copper Tube Co., Ltd.; (5) Jiangsu Canghuan Copper Industry Co., Ltd.; (6) Guangdong Longfeng Precise Copper Tube Co., Ltd.; (7) Wuxi Jinlong Chuancun Precise Copper Tube Co., Ltd.; (8) Longkou Longpeng Precise Copper Tube Co., Ltd.; (9) Xinxiang Longxiang Precise Copper Tube Co., Ltd.; (10) Coaxian Ailun Metal Processing Co., Ltd.; and (11) Chonqing Longyu Precise Copper Tube Co., Ltd.

    In addition, based on the information presented in this review, we preliminarily find that these companies should be treated as a single entity for the purposes of this review pursuant to 19 CFR 351.401(f). For additional information, see the Preliminary Decision Memorandum.6

    6See also Memorandum to Abdelali Elouaradia, Director, Office IV, AD/CVD Operations, through Robert Bolling, Program Manager, AD/CVD Operations Office IV, regarding “Affiliation and Single Entity Status of Golden Dragon Precise Copper Tube Group, Inc.; Golden Dragon Holding (Hong Kong) International Co., Ltd.; Hong Kong GD Trading Co., Ltd.; Shanghai Longyang Precise Copper Compound Copper Tube Co., Ltd.; Jiangsu Canghuan Copper Industry Co., Ltd.; Guangdong Longfeng Precise Copper Tube Co., Ltd.; Wuxi Jinlong Chuancun Precise Copper Tube Co., Ltd.; Longkou Longpeng Precise Copper Tube Co., Ltd.; Xinxiang Longxiang Precise Copper Tube Co., Ltd.; Coaxian Ailun Metal Processing Co., Ltd.; and Chonqing Longyu Precise Copper Tube Co., Ltd.,” dated concurrently with this memorandum, for a full discussion of the proprietary details of the Department's single-entity analysis.

    Verification

    As provided in section 782(i) of the Act, the Department verified constructed export price (“CEP”) sales information provided by the Golden Dragon Group Companies. The Department conducted the verification using standard verification procedures including the examination of relevant sales and financial records and the selection and review of original documentation containing relevant information. Further, after the issuance of these preliminary results of review, the Department will verify the remaining sales and production information submitted by the Golden Dragon Group Companies, in the PRC.

    The verification reports will be on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (“ACCESS”). ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Department's Central Records Unit, located in room B8024 of the main Department of Commerce building.

    Methodology

    The Department conducted this review in accordance with section 751(a)(1)(B) of the Act. The Department calculated export prices and constructed export prices in accordance with section 772 of the Act. Because the PRC is an non-market economy country, within the meaning of section 771(18) of the Act, the Department calculated normal value in accordance with section 773(c) of the Act.

    For a full description of the methodology underlying the preliminary results of this review, see the Preliminary Decision Memorandum, which is hereby adopted by this notice. The Preliminary Decision Memorandum is a public document and is made available to the public via ACCESS. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content.

    Preliminary Results of Review

    The Department preliminarily determines that the following weighted-average dumping margin exists for the POR:

    Exporter Weighted-average dumping margin (percent) Golden Dragon Precise Copper Tube Group, Inc./Golden Dragon Holding (Hong Kong) International Co., Ltd./Hong Kong GD Trading Co., Ltd./Shanghai Longyang Precise Copper Compound Copper Tube Co., Ltd./Jiangsu Canghuan Copper Industry Co., Ltd./Guangdong Longfeng Precise Copper Tube Co., Ltd./Wuxi Jinlong Chuancun Precise Copper Tube Co., Ltd./Longkou Longpeng Precise Copper Tube Co., Ltd./Xinxiang Longxiang Precise Copper Tube Co., Ltd./Coaxian Ailun Metal Processing Co., Ltd./Chonqing Longyu Precise Copper Tube Co., Ltd. 5.89 Disclosure and Public Comment

    The Department intends to disclose to parties the calculations performed for these preliminary results of review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs no later than seven days after the date on which the final verification report is issued in this proceeding.7 Rebuttal briefs may be filed no later than five days after case briefs are due and may respond only to arguments raised in the case briefs.8 A table of contents, list of authorities used, and an executive summary of issues should accompany any briefs submitted to the Department. The summary should be limited to five pages total, including footnotes.

    7See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general filing requirements).

    8See 19 CFR 351.309(d).

    Interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice.9 Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. Oral argument presentations will be limited to issues raised in the briefs. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a date and time to be determined.10 Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.

    9See 19 CFR 351.310(c).

    10See 19 CFR 351.310(d).

    All submissions, with limited exceptions, must be filed electronically using ACCESS.11 An electronically filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5 p.m. Eastern Time (“ET”) on the due date. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with the APO/Dockets Unit in Room 18022 and stamped with the date and time of receipt by 5 p.m. ET on the due date.12

    11See generally 19 CFR 351.303.

    12See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011).

    Unless otherwise extended, the Department intends to issue the final results of this administrative review, which will include the results of its analysis of issues raised in any briefs, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act.

    Assessment Rates

    Upon issuance of the final results of this review, the Department will determine, and Customs and Border Protection (“CBP”) shall assess, antidumping duties on all appropriate entries covered by this review.13 The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. In the event that the weighted-average dumping margin calculated for the GD Single Entity (the only individually examined respondent in this segment of the proceeding) in the final results of review is above de minimis (i.e., greater than or equal to 0.5 percent), the Department intends to calculate importer- (or customer)-specific assessment rates, in accordance with 19 CFR 351.212(b)(1).14 Where the respondent reported reliable entered values, the Department intends to calculate importer- (or customer)-specific ad valorem rates by aggregating the dumping margins calculated for all U.S. sales to the importer- (or customer) and dividing this amount by the total entered value of the sales to the importer- (or customer).15 Where the Department calculates an importer- (or customer)-specific weighted-average dumping margin by dividing the total amount of dumping for reviewed sales to the importer- (or customer) by the total sales quantity associated with those transactions, the Department will direct CBP to assess importer- (or customer)-specific assessment rates based on the resulting per-unit rates.16 Where an importer- (or customer)- specific ad valorem or per-unit rate is greater than de minimis, the Department will instruct CBP to collect the appropriate duties at the time of liquidation. Where either the respondent's weighted average dumping margin is zero or de minimis, or an importer (or customer-) specific ad valorem or per-unit rate is zero or de minimis, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.17

    13See 19 CFR 351.212(b)(1).

    14See Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) (“Final Modification”).

    15See 19 CFR 351.212(b)(1).

    16Id.

    17See Final Modification at 8103.

    On October 24, 2011, the Department announced a refinement to its assessment practice in NME antidumping duty cases.18 Pursuant to this refinement in practice, for entries that were not reported in the U.S. sales database submitted by an exporter individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. Additionally, pursuant to this refinement, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number will be liquidated at the PRC-wide rate.

    18See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full discussion of this practice.

    In accordance with section 751(a)(2)(C) of the Act, the final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.

    Cash Deposit Requirements

    The Department will instruct CBP to require a cash deposit equal to the weighted-average amount by which the normal value exceeds U.S. price. The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice, as provided by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be equal to the weighted-average dumping margin established in the final results of this review (except, if the rate is zero or de minimis, then the cash deposit rate will be zero for that exporter); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this proceeding; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the PRC-wide entity and (4) for all non-PRC exporters of subject merchandise that have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice.

    Notification to Importers

    This notice also 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 POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

    We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: November 30, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Partial Rescission of Administrative Review V. Discussion of the Methodology A. Non-Market Economy Country Status B. Separate Rate C. Surrogate Country D. Date of Sale E. Fair Value Comparisons F. Determination of Comparison Method G. Export Price H. Constructed Export Price I. Normal Value J. Factor Valuations K. Currency Conversion VI. Recommendation
    [FR Doc. 2015-30792 Filed 12-4-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-570-955] Certain Magnesia Carbon Bricks From the People's Republic of China: Final Results of Expedited First Sunset Review of the Countervailing Duty Order AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    The Department of Commerce (Department) finds that revocation of the countervailing duty (CVD) order on certain magnesia carbon bricks (MCBs) from the People's Republic of China (PRC) would be likely to lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the “Final Results of Sunset Review” section of this notice.

    DATES:

    Effective Date: December 7, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Jacqueline Arrowsmith, Office VII, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-5255.

    SUPPLEMENTARY INFORMATION: Background

    On September 21, 2010, the Department published the CVD Order on MCBs from the PRC.1 On August 3, 2015, the Department published a notice of initiation of the first sunset review of the CVD Order on MCBs from the PRC pursuant to section 751(c)(2) of the Tariff Act of 1930, as amended (the Act).2 On August 18, 2015, the Magnesia Carbon Bricks Fair Trade Committee (the Committee) filed a notice of intent to participate in the review.3 The Committee claimed interested party status pursuant to section 771(9)(C) of the Act.

    1See Certain Magnesia Carbon Bricks from the People's Republic of China: Countervailing Duty Order, 75 FR 57442 (September 21, 2010) (CVD Order).

    2See Initiation of Five-Year “Sunset” Reviews, 80 FR 45945 (August 3, 2015).

    3See Letter to the Department, “First Five-Year (“Sunset”) Review of Countervailing Duty Order on Magnesia Carbon Bricks From The People's Republic of China: Domestic Industry's Notice of Intent to Participate In Sunset Review,” (August 18, 2015). The Committee is an ad hoc association of three U.S. producers of MCBs: Resco Products, Inc., Magnesita Refractories Company, and Harbison Walker International, Inc.

    The Department received an adequate substantive response from the domestic industry within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). The Department did not receive a response from the Government of the PRC (GOC) or any respondent interested party to the proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(l)(ii)(B)(2) and (C)(2), the Department conducted an expedited review of this CVD Order on MCBs.

    Scope of the Order

    The merchandise subject to this CVD Order includes certain chemically-bonded (resin or pitch), magnesia carbon bricks. Certain magnesia carbon bricks that are the subject of this order are currently classifiable under subheadings 6902.10.1000, 6902.10.5000, 6815.91.0000, 6815.99.2000 and 6815.99.4000 of the Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. The Issues and Decision Memorandum, which is hereby adopted by this notice, provides a full description of the scope of the order.4

    4See Department Memorandum, “Issues and Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Countervailing Duty Order on Certain Magnesia Carbon Bricks from the People's Republic of China,” dated concurrently with this notice.

    Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and Decision Memorandum. The Issues and 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 in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of a countervailable subsidy, the net countervailable subsidy rate likely to prevail if the CVD Order were revoked, and the nature of the subsidies.

    Final Results of Sunset Review

    Pursuant to sections 752(b)(1) and (3) of the Act, we determine that revocation of the CVD Order on MCBs from the PRC would be likely to lead to continuation or recurrence of a net countervailable subsidy at the rates listed below:

    Manufacturers/exporters/producers Net countervailable
  • subsidy
  • (percent)
  • RHI Refractories Liaoning Co., Ltd. (RHIL), RHI Refractories (Dalian) Co., Ltd. (RHID) and Liaoning RHI Jinding Magnesia Co., Ltd. (RHIJ) (collectively, RHI) 24.24 Liaoning Mayerton Refractories (LMR) and Dalian Mayerton Refractories Co. Ltd. (DMR) (collectively, Mayerton) 253.87 All Others 24.24
    Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 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 notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

    The Department is issuing and publishing these final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218.

    Dated: December 1, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
    [FR Doc. 2015-30794 Filed 12-4-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-831] Fresh Garlic From the People's Republic of China: Preliminary Results, Preliminary Intent To Rescind, and Partial Rescission of the 20th Antidumping Duty Administrative Review; 2013-2014 AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce.

    SUMMARY:

    The Department of Commerce (Department) is conducting the 20th administrative review of the antidumping duty order on fresh garlic from the People's Republic of China (PRC) covering the period of review (POR) November 1, 2013, through October 31, 2014.1 This review covers 161 manufacturers/exporters of subject merchandise.2 We preliminarily find that mandatory respondent Shenzhen Xinboda Industrial Co., Ltd. (Xinboda) made sales of subject merchandise at less than normal value (NV). In addition, the Department preliminarily finds that the other mandatory respondents, Hebei Golden Bird Trading Co., Ltd. (Golden Bird) and Qingdao Tiantaixing Foods Co., Ltd. (QTF), are part of the PRC-wide entity. We invite interested parties to comment on these preliminary results.

    1See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 76956 (December 23, 2014) (Initiation Notice).

    2Id. at 79 FR 76956, 76958-76961.

    DATES:

    Effective date: December 7, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Jacqueline Arrowsmith or Alexander Cipolla, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-5255 or (202) 482-4956.

    Scope of the Order

    The merchandise covered by the order includes all grades of garlic, whole or separated into constituent cloves. Fresh garlic that are subject to the order are currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) 0703.20.0010, 0703.20.0020, and 0703.20.0090. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive. For a full description of the scope of this order, please see “III. Scope of the Order” in the accompanying Preliminary Decision Memorandum.3

    3See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, “Decision Memorandum for the Preliminary Results of the 2013-2014 Antidumping Duty Administrative Review: Fresh Garlic from the People's Republic of China” (dated concurrently with this notice) (Preliminary Decision Memorandum).

    Partial Rescission of Administrative Review and Preliminary Intent To Rescind the Review

    On December 23, 2014, the Department initiated a review of 161 companies in this proceeding.4 Between January 16 and March 17, 2015, withdrawal requests were timely filed for 81 companies.5 The Department is, therefore, partially rescinding this review with respect to the companies listed in Appendix I, in accordance with 19 CFR 351.213(d)(1). In addition, we preliminarily intend to rescind this administrative review with respect to Jinxiang Kaihua Imp & Exp Co. Ltd. (Kaihua), because we found its POR sales to not be bona fide in the concurrent new shipper review.6

    4Id.

    5See letter from Petitioners, “20th Administrative Review of the Antidumping Duty Order on Fresh Garlic from the People's Republic of China—Petitioners' Withdrawal of Certain Requests for Administrative Review,” at 2-4 (January 16, 2015); letter from El Bosque Garlic Farm, “Fresh Garlic from the People's Republic of China—Withdrawal of Review Request in 20th Administrative Review filed on behalf of El Bosque Garlic Farm,” at 1 (March 17, 2015); and letter from Zhengzhou Harmoni Spice Co., Ltd., “Harmoni Withdrawal of Review Request: Twentieth Administrative Review of the Antidumping Duty Order on Fresh Garlic from the People's Republic of China (A-570-831),” at 1 (January 16, 2015).

    6See Fresh Garlic From the People's Republic of China: Final Results and Partial Rescission of the 18th Antidumping Duty Administrative Review; 2011-2012, 79 FR 36721 (June 30, 2014) and accompanying Issues and Decision Memorandum at Comment 18.

    Methodology

    The Department is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). Export prices were calculated in accordance with section 772(a) of the Act. Because the PRC is a nonmarket economy within the meaning of section 771(18) of the Act, NV has been calculated in accordance with section 773(c). We relied, in part, on the facts available, with adverse inferences, for our preliminary determination, in accordance with section 776 of the Act.

    For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum, which is hereby adopted by 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 is available 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/. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content.

    PRC-Wide Entity

    The Department's change in policy regarding conditional review of the PRC-wide entity applies to this administrative review.7 Under this policy, the PRC-wide entity will not be under review unless a party specifically requests, or the Department self-initiates, a review of the entity. Because no party requested a review of the PRC-wide entity in this review, the entity is not under review and the entity's rate (i.e., $4.71/kg) is not subject to change. Aside from the no shipments companies discussed below, and the companies for which the review is being rescinded, the Department considers all other companies for which a review was requested and which did not preliminarily qualify for a separate rate to be part of the PRC-wide entity. For additional information, see the Preliminary Decision Memorandum.

    7See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).

    Preliminary Determination of Separate Rates for Non-Selected Companies

    In accordance with section 777A(c)(2)(B) of the Act, the Department employed a limited examination methodology, as it determined that it would not be practicable to examine individually all companies for which a review request was made. There were 12 exporters of subject merchandise from the PRC that have demonstrated their eligibility for a separate rate but were not selected for individual examination in this review. These 12 exporters are listed in Appendix II.

    Neither the Act nor the Department's regulations address the establishment of the rate applied to individual companies not selected for examination where the Department limited its examination in an administrative review pursuant to section 777A(c)(2) of the Act. The Department's practice in cases involving limited selection based on exporters accounting for the largest volumes of trade has been to look to section 735(c)(5) of the Act for guidance, which provides instructions for calculating the all-others rate in an investigation. Section 735(c)(5)(A) of the Act instructs the Department to use rates established for individually investigated producers and exporters, excluding any rates that are zero, de minimis, or based entirely on facts available in investigations. In this review, we calculated a preliminary weighted-average dumping margin for Xinboda, while Golden Bird and QTF were considered part of the PRC-wide entity based on the application of total facts available with adverse inferences. Therefore for the preliminary results, the Department has preliminarily determined to assign the non-selected separate rate companies Xinboda's rate.

    Preliminary Determination of No Shipments

    The companies listed in Appendix III timely filed “no shipment” certifications stating that they had no entries of subject merchandise during the POR. Consistent with its practice, the Department asked CBP to conduct a query of potential shipments made by these companies. CBP did not provide evidence that contradicted the parties' no shipment claims. Based on the certifications by these companies and our analysis of CBP information, we preliminarily determine that the companies listed in Appendix III did not have any reviewable transactions during the POR. In addition, the Department finds that consistent with its refinement to its assessment practice in non-market economy (NME) cases, further discussed below, it is appropriate not to rescind the review in part in these circumstances but to complete the review with respect to these 10 companies and issue appropriate instructions to CBP based on the final results of the review.8

    8See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see also “Assessment Rates” section below.

    Preliminary Results of Review

    The Department preliminarily determines that the following weighted-average dumping margins exist for the period November 1, 2013, through October 31, 2014:

    Exporter Weighted-average margin
  • (dollars per kilogram)
  • Shenzhen Xinboda Industrial Co., Ltd 2.72 Jinan Farmlady Trading Co., Ltd 2.72 Jining Maycarrier Import & Export Co., Ltd 2.72 Jining Shunchang Import & Export Co., Ltd 2.72 Jinxiang Feiteng Import & Export Co., Ltd 2.72 Jinxiang Guihua Food Co., Ltd 2.72 Jinxiang Hejia Co., Ltd 2.72 Jining Yongjia Trade Co., Ltd 2.72 Shenzhen Yuting Foodstuff Co., Ltd 2.72 Jining Shengtai Vegetables & Fruits Co., Ltd 2.72 Shenzhen Bainong Co., Ltd 2.72 Weifang Hongqiao International Logistics Co., Ltd 2.72 Yantai Jinyan Trading Inc 2.72 PRC-Wide Rate 4.71
    Disclosure, Public Comment and Opportunity To Request a Hearing

    The Department intends to disclose the calculations used in our analysis to parties in this review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).

    Interested parties may submit written comments (case briefs) no later than 30 days after the date of publication of these preliminary results of review and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.9 Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues raised in the case briefs. Parties who submit arguments are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and, (3) a table of authorities.10

    9See 19 CFR 351.309(c)(1)(ii) and (d)(1).

    10See 19 CFR 351.309(c)(2), (d)(2).

    Any interested party may request a hearing within 30 days of publication of this notice.11 Hearing requests should contain the following information: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations will be limited to issues raised in the case and rebuttal briefs.12 If a party requests a hearing, the Department will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined. Parties should confirm by telephone the date, time, and location of the hearing.

    11See 19 CFR 351.310(c).

    12Id.

    The Department intends to issue the final results of this 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 will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.13 For the companies for which this 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)(l)(i).14 The Department will direct CBP to assess rates based on the per-unit (i.e., per kilogram) amount on each entry of the subject merchandise during the POR. The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of review.

    13See 19 CFR 351.212(b).

    14 If our determination in the final results is to rescind this administrative review with respect to Kaihua, then we will not issue liquidation instructions for Kaihua unless the preliminary injunction entered on October 22, 2015, in Court of International Trade case number 15-00289 has lifted.

    The Department announced a refinement to its assessment practice in NME cases. Pursuant to this refinement in practice, for merchandise that was not reported in the U.S. sales databases submitted by an exporter individually examined during this review, but that entered under the case number of that exporter (i.e., at the individually-examined exporter's cash deposit rate), the Department will instruct CBP to liquidate such entries at the NME-wide rate. In addition, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at that exporter's rate) will be liquidated at the PRC-wide rate.15

    15 For a full discussion of this practice, see Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011).

    Cash Deposit Requirements

    The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) For the companies listed above, the cash deposit rate will be the rate established in these final results of review (except, if the rate is zero or de minimis, then zero cash deposit will be required for that company); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC-wide rate of 4.71 U.S. dollars per kilogram; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These requirements, when imposed, shall remain in effect until further notice.

    Notification 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 Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

    We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h) and 351.221(b)(4).

    Dated: November 30, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix I Companies for Which Reviews Have Been Rescinded 1. American Pioneer Shipping 2. Anhui Dongqian Foods Ltd. 3. Anqiu Haoshun Trade Co., Ltd. 4. APM Global Logistics (Shanghai) Co., Ltd. 5. APS Qingdao 6. Chiping Shengkang Foodstuff Co., Ltd. 7. CMEC Engineering Machinery Import & Export Co., Ltd. 8. Dongying Shunyifa Chemical Co., Ltd. 9. Dynalink Systems Logistics (Qingdao) Inc. 10. Eimskip Logistics Inc. 11. Feicheng Acid Chemicals Co., Ltd. 12. Frog World Co., Ltd. 13. Golden Bridge International, Inc. 14. Hangzhou Guanyu Foods Co., Ltd. 15. Hongqiao International Logistics Co. 16. Intecs Logistics Service Co., Ltd. 17. IT Logistics Qingdao Branch 18. Jinan Solar Summit International Co., Ltd. 19. Jining De-Rain Trading Co., Ltd. 20. Jining Highton Trading Co., Ltd. 21. Jining Jiulong International Trading Co., Ltd. 22. Jining Tiankuang Trade Co., Ltd. 23. Jinxiang County Huaguang Food Import & Export Co., Ltd. 24. Jinxiang Fengsheng Import & Export Co., Ltd. 25. Jinxiang Jinma Fruits Vegetables Products Co., Ltd. 26. Jinxiang Shenglong Trade Co., Ltd. 27. Jinxiang Tianheng Trade Co., Ltd. 28. Kingwin Industrial Co., Ltd. 29. Laiwu Fukai Foodstuff Co., Ltd. 30. Laizhou Xubin Fruits and Vegetables 31. Linshu Dading Private Agricultural Products Co., Ltd. 32. Linyi City Hedong District Jiuli Foodstuff Co. 33. Linyi City Kangfa Foodstuff Drinkable Co., Ltd. 34. Linyi Katayama Foodstuffs Co., Ltd. 35. Linyi Tianqin Foodstuff Co., Ltd. 36. Ningjin Ruifeng Foodstuff Co., Ltd. 37. Qingdao Apex Shipping Co., Ltd. 38. Qingdao BNP Co., Ltd. 39. Qingdao Cherry Leather Garment Co., Ltd. 40. Qingdao Chongzhi International Transportation Co., Ltd. 41. Qingdao Saturn International Trade Co., Ltd. 42. Qingdao Sino-World International Trading Co., Ltd. 43. Qingdao Winner Foods Co., Ltd. 44. Qingdao Yuankang International 45. Qufu Dongbao Import & Export Trade Co., Ltd. 46. Rizhao Huasai Foodstuff Co., Ltd. 47. Samyoung America (Shanghai) Inc. 48. Shandong Chengshun Farm Produce Trading Co., Ltd. 49. Shandong China Bridge Imports 50. Shandong Dongsheng Eastsun Foods Co., Ltd. 51. Shandong Garlic Company 52. Shandong Sanxing Food Co., Ltd. 53. Shandong Wonderland Organic Food Co., Ltd. 54. Shandong Xingda Foodstuffs Group Co., Ltd. 55. Shandong Yipin Agro (Group) Co., Ltd. 56. Shanghai Ever Rich Trade Company 57. Shanghai Goldenbridge International Co., Ltd. 58. Shanghai Great Harvest International Co., Ltd. 59. Shanghai Medicines & Health Products Import/Export Co., Ltd. 60. Shanghai Yijia International Transportation Co., Ltd. 61. Shenzhen Fanhui Import & Export Co., Ltd. 62. Shenzhen Greening Trading Co., Ltd. 63. T&S International, LLC. 64. Taian Eastsun Foods Co., Ltd. 65. Taian Fook Huat Tong Kee Pte. Ltd. 66. Taian Solar Summit Food Co., Ltd. 67. Taiyan Ziyang Food Co., Ltd. 68. Tianjin Spiceshi Co., Ltd. 69. U.S. United Logistics (Ningbo) Inc. 70. V.T. Impex (Shandong) Limited 71. Weifang Jinbao Agricultural Equipment Co., Ltd. 72. Weihai Textile Group Import & Export Co., Ltd. 73. WSSF Corporation (Weifang) 74. Xiamen Huamin Import Export Company 75. Xiamen Keep Top Imp. and Exp. Co., Ltd. 76. Xinjiang Top Agricultural Products Co., Ltd. 77. Yishui Hengshun Food Co., Ltd. 78. You Shi Li International Trading Co., Ltd. 79. Zhangzhou Xiangcheng Rainbow Greenland Food Co., Ltd. 80. Zhengzhou Harmoni Spice Co., Ltd. 81. Zhengzhou Xiwannian Food Co., Ltd. Appendix II Separate Rate Companies 1. Jinan Farmlady Trading Co., Ltd. 2. Jining Maycarrier Import & Export Co., Ltd. 3. Jining Shengtai Vegetables & Fruits Co., Ltd. 4. Jining Shunchang Import & Export Co., Ltd. 5. Jining Yongjia Trade Co., Ltd. 6. Jinxiang Feiteng Import & Export Co., Ltd. 7. Jinxiang Guihua Food Co., Ltd. 8. Jinxiang Hejia Co., Ltd. 9. Shenzhen Bainong Co., Ltd. 10. Shenzhen Yuting Foodstuff Co., Ltd. 11. Weifang Hongqiao International Logistics Co., Ltd. 12. Yantai Jinyan Trading Inc. Appendix III Companies That Have Certified No Shipments 1. Jining Yifa Garlic Produce Co., Ltd. 2. Jinxiang Richfar Fruits & Vegetables Co., Ltd. 3. Jinxiang Yuanxin Import & Export Co., Ltd. 4. Lanling Qingshui Vegetable Foods Co., Ltd. 5. Qingdao Lianghe International Trade Co., Ltd. 6. Qingdao Sea-line International Trading Co. 7. Qingdao Xiangtiangfeng Foods Co., Ltd. 8. Shandong Chenhe International Trading Co., Ltd. 9. Shandong Jinxiang Zhengyang Import & Export Co., Ltd. 10. Shijazhuang Goodman Trading Co., Ltd.
    [FR Doc. 2015-30791 Filed 12-4-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE325 Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops AGENCY:

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

    ACTION:

    Notice of public workshops.

    SUMMARY:

    Free Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops will be held in January, February, and March of 2016. Certain fishermen and shark dealers are required to attend a workshop to meet regulatory requirements and to maintain valid permits. Specifically, the Atlantic Shark Identification Workshop is mandatory for all federally permitted Atlantic shark dealers. The Protected Species Safe Handling, Release, and Identification Workshop is mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and who have also been issued shark or swordfish limited access permits. Additional free workshops will be conducted during 2016 and will be announced in a future notice.

    DATES:

    The Atlantic Shark Identification Workshops will be held on January 14, February 11, and March 17, 2016.

    The Protected Species Safe Handling, Release, and Identification Workshops will be held on January 15, January 27, February 2, February 16, March 1, and March 16, 2016.

    See SUPPLEMENTARY INFORMATION for further details.

    ADDRESSES:

    The Atlantic Shark Identification Workshops will be held in Norfolk, VA; Kenner, LA; and Fort Pierce, FL.

    The Protected Species Safe Handling, Release, and Identification Workshops will be held in Key Largo, FL; Portsmouth, NH; Kitty Hawk, NC; Palm Coast, FL; Manahawkin, NJ; and Houston, TX.

    See SUPPLEMENTARY INFORMATION for further details on workshop locations.

    FOR FURTHER INFORMATION CONTACT:

    Rick Pearson by phone: (727) 824-5399, or by fax: (727) 824-5398.

    SUPPLEMENTARY INFORMATION:

    The workshop schedules, registration information, and a list of frequently asked questions regarding these workshops are posted on the Internet at: http://www.nmfs.noaa.gov/sfa/hms/compliance/workshops/index.html.

    Atlantic Shark Identification Workshops

    Since January 1, 2008, Atlantic shark dealers have been prohibited from receiving, purchasing, trading, or bartering for Atlantic sharks unless a valid Atlantic Shark Identification Workshop certificate is on the premises of each business listed under the shark dealer permit that first receives Atlantic sharks (71 FR 58057; October 2, 2006). Dealers who attend and successfully complete a workshop are issued a certificate for each place of business that is permitted to receive sharks. These certificate(s) are valid for 3 years. Approximately 116 free Atlantic Shark Identification Workshops have been conducted since January 2007.

    Currently, permitted dealers may send a proxy to an Atlantic Shark Identification Workshop. However, if a dealer opts to send a proxy, the dealer must designate a proxy for each place of business covered by the dealer's permit which first receives Atlantic sharks. Only one certificate will be issued to each proxy. A proxy must be a person who is currently employed by a place of business covered by the dealer's permit; is a primary participant in the identification, weighing, and/or first receipt of fish as they are offloaded from a vessel; and who fills out dealer reports. Atlantic shark dealers are prohibited from renewing a Federal shark dealer permit unless a valid Atlantic Shark Identification Workshop certificate for each business location that first receives Atlantic sharks has been submitted with the permit renewal application. Additionally, trucks or other conveyances that are extensions of a dealer's place of business must possess a copy of a valid dealer or proxy Atlantic Shark Identification Workshop certificate.

    Workshop Dates, Times, and Locations

    1. January 14, 2016, 12 p.m.-4 p.m., LaQuinta Inn & Suites, 1387 North Military Highway, Norfolk, VA 23502.

    2. February 11, 2016, 12 p.m.-4 p.m., LaQuinta Inn & Suites, 2610 Williams Boulevard, Kenner, LA 70062.

    3. March 17, 2016, 12 p.m.-4 p.m., LaQuinta Inn & Suites, 2655 Crossroads Parkway, Fort Pierce, FL 34945.

    Registration

    To register for a scheduled Atlantic Shark Identification Workshop, please contact Eric Sander at [email protected] or at (386) 852-8588.

    Registration Materials

    To ensure that workshop certificates are linked to the correct permits, participants will need to bring the following specific items to the workshop:

    • Atlantic shark dealer permit holders must bring proof that the attendee is an owner or agent of the business (such as articles of incorporation), a copy of the applicable permit, and proof of identification.

    • Atlantic shark dealer proxies must bring documentation from the permitted dealer acknowledging that the proxy is attending the workshop on behalf of the permitted Atlantic shark dealer for a specific business location, a copy of the appropriate valid permit, and proof of identification.

    Workshop Objectives

    The Atlantic Shark Identification Workshops are designed to reduce the number of unknown and improperly identified sharks reported in the dealer reporting form and increase the accuracy of species-specific dealer-reported information. Reducing the number of unknown and improperly identified sharks will improve quota monitoring and the data used in stock assessments. These workshops will train shark dealer permit holders or their proxies to properly identify Atlantic shark carcasses.

    Protected Species Safe Handling, Release, and Identification Workshops

    Since January 1, 2007, shark limited-access and swordfish limited-access permit holders who fish with longline or gillnet gear have been required to submit a copy of their Protected Species Safe Handling, Release, and Identification Workshop certificate in order to renew either permit (71 FR 58057; October 2, 2006). These certificate(s) are valid for 3 years. As such, vessel owners who have not already attended a workshop and received a NMFS certificate, or vessel owners whose certificate(s) will expire prior to the next permit renewal, must attend a workshop to fish with, or renew, their swordfish and shark limited-access permits. Additionally, new shark and swordfish limited-access permit applicants who intend to fish with longline or gillnet gear must attend a Protected Species Safe Handling, Release, and Identification Workshop and submit a copy of their workshop certificate before either of the permits will be issued. Approximately 220 free Protected Species Safe Handling, Release, and Identification Workshops have been conducted since 2006.

    In addition to certifying vessel owners, at least one operator on board vessels issued a limited-access swordfish or shark permit that uses longline or gillnet gear is required to attend a Protected Species Safe Handling, Release, and Identification Workshop and receive a certificate. Vessels that have been issued a limited-access swordfish or shark permit and that use longline or gillnet gear may not fish unless both the vessel owner and operator have valid workshop certificates onboard at all times. Vessel operators who have not already attended a workshop and received a NMFS certificate, or vessel operators whose certificate(s) will expire prior to their next fishing trip, must attend a workshop to operate a vessel with swordfish and shark limited-access permits that uses longline or gillnet gear.

    Workshop Dates, Times, and Locations

    1. January 15, 2016, 9 a.m.-5 p.m., Holiday Inn, 99701 Overseas Highway, Key Largo, FL 33037.

    2. January 27, 2016, 9 a.m.-5 p.m., Holiday Inn, 300 Woodbury Avenue, Portsmouth, NH 03801.

    3. February 2, 2016, 9 a.m.-5 p.m., Hilton Garden Inn, 5353 North Virginia Dare Trail, Kitty Hawk, NC 27949.

    4. February 16, 2016, 9 a.m.-5 p.m., Hilton Garden Inn, 55 Town Center Boulevard, Palm Coast, FL 32164.

    5. March 1, 2016, 9 a.m.-5 p.m. Holiday Inn, 151 Route 72, Manahawkin, NJ 08020.

    6. March 16, 2016, 9 a.m.-5 p.m., Holiday Inn Express, 8080 Main Street, Houston, TX 77025.

    Registration

    To register for a scheduled Protected Species Safe Handling, Release, and Identification Workshop, please contact Angler Conservation Education at (386) 682-0158.

    Registration Materials

    To ensure that workshop certificates are linked to the correct permits, participants will need to bring the following specific items with them to the workshop:

    • Individual vessel owners must bring a copy of the appropriate swordfish and/or shark permit(s), a copy of the vessel registration or documentation, and proof of identification.

    • Representatives of a business-owned or co-owned vessel must bring proof that the individual is an agent of the business (such as articles of incorporation), a copy of the applicable swordfish and/or shark permit(s), and proof of identification.

    • Vessel operators must bring proof of identification.

    Workshop Objectives

    The Protected Species Safe Handling, Release, and Identification Workshops are designed to teach longline and gillnet fishermen the required techniques for the safe handling and release of entangled and/or hooked protected species, such as sea turtles, marine mammals, and smalltooth sawfish. In an effort to improve reporting, the proper identification of protected species will also be taught at these workshops. Additionally, individuals attending these workshops will gain a better understanding of the requirements for participating in these fisheries. The overall goal of these workshops is to provide participants with the skills needed to reduce the mortality of protected species, which may prevent additional regulations on these fisheries in the future.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: December 2, 2015. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-30770 Filed 12-4-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Atlantic Highly Migratory Species Recreational Landings and Bluefin Tuna Catch Reports AGENCY:

    National Oceanic and Atmospheric Administration (NOAA), 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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    Written comments must be submitted on or before February 5, 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 and instructions should be directed to Margo Schulze-Haugen, (301) 427-8503 or [email protected]

    SUPPLEMENTARY INFORMATION: I. Abstract

    This request is for extension of a currently approved information collection.

    Catch reporting from recreational and commercial hand-gear fisheries provides important data used to monitor catches of Atlantic highly migratory species (HMS) and supplements other existing data collection programs. Data collected through this program are used for both domestic and international fisheries management and stock assessment purposes.

    Atlantic bluefin tuna (BFT) catch reporting provides real-time catch information used to monitor the BFT fishery. Under the Atlantic Tunas Convention Act of 1975 (ATCA, 16 U.S.C. 971), the United States is required to adopt regulations, as necessary and appropriate, to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), including recommendations on a specified BFT quota. BFT catch reporting helps the U.S. monitor this quota and supports scientific research consistent with ATCA and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act, 16 U.S.C. 1801 et seq.). Recreational anglers and commercial hand-gear fishermen are required to report specific information regarding their catch of BFT.

    Atlantic billfish and swordfish are managed internationally by ICCAT and nationally under ATCA and the Magnuson-Stevens Act. This collection provides information needed to monitor the recreational catch of Atlantic blue and white marlin, which is applied to the recreational limit established by ICCAT, and the recreational catch of North Atlantic swordfish, which is applied to the U.S. quota established by ICCAT. This collection also provides information on recreational landings of West Atlantic sailfish which is unavailable from other established monitoring programs. Collection of sailfish catch information is authorized under the Magnuson-Stevens Act for purposes of stock management.

    II. Method of Collection

    Respondents reporting BFT catch in states (and the United States Virgin Islands and Puerto Rico) other than Maryland and North Carolina may use either an internet Web site or a toll-free telephone number. Respondents reporting Atlantic marlin, West Atlantic sailfish, or North Atlantic swordfish in states (and the United States Virgin Islands and Puerto Rico) other than Maryland or North Carolina may use either an internet Web site or a toll-free telephone number to report landings information. In Maryland and North Carolina, a paper reporting system is used for all of the aforementioned species. Under state law, respondents in Maryland and North Carolina must submit a landing card at a state-operated reporting station. States that participate in a landing card program must submit weekly reports and one annual report to NOAA to summarize landings and results to date.

    III. Data

    OMB Control Number: 0648-0328.

    Form Number(s): None.

    Type of Review: Regular submission (extension of a currently approved information collection).

    Affected Public: Businesses or other for-profit organizations; individuals or households; and State, Local, or Tribal government.

    Estimated Number of Respondents: 20,527.

    Estimated Time per Response: 5 minutes for an initial call-in or internet report; 5 minutes for a confirmation call; 10 minutes for a landing card; 1 hour for a weekly state report; and 4 hours for an annual state report.

    Estimated Total Annual Burden Hours: 2,190.

    Estimated Total Annual Cost to Public: $0 in recordkeeping/reporting costs.

    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: December 1, 2015. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2015-30692 Filed 12-4-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE271 Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Bravo Wharf Recapitalization Project AGENCY:

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

    ACTION:

    Notice; proposed incidental harassment authorization; request for comments.

    SUMMARY:

    NMFS has received a request from the U.S. Navy (Navy) for authorization to take marine mammals incidental to construction activities as part of a wharf recapitalization project. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting public comment on its proposal to issue an incidental harassment authorization (IHA) to the Navy to incidentally take marine mammals, by Level B harassment only, during the specified activity.

    DATES:

    Comments and information must be received no later than January 6, 2016.

    ADDRESSES:

    Comments on this proposal should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. Physical comments should be sent to 1315 East-West Highway, Silver Spring, MD 20910 and electronic comments should be sent to [email protected]

    Instructions: NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments received electronically, including all attachments, must not exceed a 25-megabyte file size. Attachments to electronic comments will be accepted in Microsoft Word or Excel or Adobe PDF file formats only. All comments received are a part of the public record and will generally be posted to the Internet at www.nmfs.noaa.gov/pr/permits/incidental/construction.htm without change. All personal identifying information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information.

    FOR FURTHER INFORMATION CONTACT:

    Laura McCue, Office of Protected Resources, NMFS, (301) 427-8401.

    SUPPLEMENTARY INFORMATION: Availability

    An electronic copy of the Navy's application and supporting documents, as well as a list of the references cited in this document, may be obtained by visiting the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. In case of problems accessing these documents, please call the contact listed above.

    National Environmental Policy Act

    The Navy has prepared a draft Environmental Assessment (Wharf Bravo Recapitalization at Naval Station Mayport, Jacksonville, FL) in accordance with the National Environmental Policy Act (NEPA) and the regulations published by the Council on Environmental Quality. It is posted at the aforementioned site. NMFS will independently evaluate the EA and determine whether or not to adopt it. We may prepare a separate NEPA analysis and incorporate relevant portions of Navy's EA by reference. Information in the Navy's application, EA, and this notice collectively provide the environmental information related to proposed issuance of this IHA for public review and comment. We will review all comments submitted in response to this notice as we complete the NEPA process, including a decision of whether to sign a Finding of No Significant Impact (FONSI), prior to a final decision on the incidental take authorization request.

    Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified area, the incidental, but not intentional, taking of small numbers of marine mammals, providing that certain findings are made and the necessary prescriptions are established.

    The incidental taking of small numbers of marine mammals may be allowed only if NMFS (through authority delegated by the Secretary) finds that the total taking by the specified activity during the specified time period will (i) have a negligible impact on the species or stock(s) and (ii) not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant). Further, the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such taking must be set forth, either in specific regulations or in an authorization.

    The allowance of such incidental taking under section 101(a)(5)(A), by harassment, serious injury, death, or a combination thereof, requires that regulations be established. Subsequently, a Letter of Authorization may be issued pursuant to the prescriptions established in such regulations, providing that the level of taking will be consistent with the findings made for the total taking allowable under the specific regulations. Under section 101(a)(5)(D), NMFS may authorize such incidental taking by harassment only, for periods of not more than one year, pursuant to requirements and conditions contained within an IHA. The establishment of prescriptions through either specific regulations or an authorization requires notice and opportunity for public comment.

    NMFS has defined “negligible impact” in 50 CFR 216.103 as “. . . an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.” Except with respect to certain activities not pertinent here, section 3(18) of the MMPA defines “harassment” as: “. . . any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment].”

    Summary of Request

    On July 21, 2015, we received a request from the Navy for authorization of the taking, by Level B harassment only, of marine mammals, incidental to pile driving in association with the Bravo Wharf recapitalization project at Naval Station Mayport, Florida (NSM). That request was modified on November 4 and November 10, and a final version, which we deemed adequate and complete, was submitted on November 17. In-water work associated with the project is expected to be completed within the one-year timeframe of the proposed IHA (October 15, 2016 through September 30, 2017).

    The use of both vibratory and impact pile driving is expected to produce underwater sound at levels that have the potential to result in behavioral harassment of marine mammals. One species of marine mammal has the potential to be affected by the specified activities: bottlenose dolphin (Tursiops truncatus truncatus). This species may occur year-round in the action area.

    Similar wharf construction and pile driving activities in Naval Station Mayport have been authorized by NMFS in the past. The first authorization was effective between September 1, 2014 through August 31, 2015, and the second authorization, which is currently ongoing, is effective from September 8, 2015 through September 7, 2016.

    Description of the Specified Activity Overview

    Bravo Wharf is a medium draft, general purpose berthing wharf that was constructed in 1970 and lies at the western edge of the NSM turning basin. Bravo Wharf is approximately 2,000 ft long, 125 ft wide, and has a berthing depth of 50 ft mean lower low water. The wharf is one of two primary deep draft berths at the basin and is capable of berthing ships up to and including large amphibious ships; it is one of three primary ordnance handling berths at the basin. The wharf is a diaphragm steel sheet pile cell structure with a concrete apron, partial concrete encasement of the piling and asphalt paved deck. The wharf is currently in poor condition due to advanced deterioration of the steel sheeting and lack of corrosion protection. This structural deterioration has resulted in the institution of load restrictions within 60 ft of the wharf face. The purpose of this project is to complete necessary repairs to Bravo Wharf. Please refer to the Navy's application for a schematic of the project plan.

    Dates and Duration

    The total project is expected to require a maximum of 130 days of in-water pile driving. The project may require up to 24 months for completion; in-water activities are limited to a maximum of 130 days, separated into two phases. If in-water work will extend beyond the effective dates of the IHA, a second IHA application will be submitted by the Navy. There will be a maximum of 110 days for vibratory pile driving (seventy three days in phase I and thirty seven days in phase II), and a contingent 20 days of impact pile driving. The specified activities are expected to occur between October 1, 2016 and September 30, 2017.

    Specific Geographic Region

    NSM is located in northeastern Florida, at the mouth of the St. Johns River and adjacent to the Atlantic Ocean (see Figures 2-1 and 2-2 of the Navy's application). The St. Johns River is the longest river in Florida, with the final 35 mi flowing through the city of Jacksonville. This portion of the river is significant for commercial shipping and military use. At the mouth of the river, near the action area, the Atlantic Ocean is the dominant influence and typical salinities are above 30 ppm. Outside the river mouth, in nearshore waters, moderate oceanic currents tend to flow southward parallel to the coast. Sea surface temperatures range from around 16 °C in winter to 28 °C in summer.

    The specific action area consists of the NSM turning basin, an area of approximately 2,000 by 3,000 ft containing ship berthing facilities at sixteen locations along wharves around the basin perimeter. The basin was constructed during the early 1940s by dredging the eastern part of Ribault Bay (at the mouth of the St. Johns River), with dredge material from the basin used to fill parts of the bay and other low-lying areas in order to elevate the land surface. The basin is currently maintained through regular dredging at a depth of 50 ft, with depths at the berths ranging from 30-50 ft. The turning basin, connected to the St. Johns River by a 500-ft-wide entrance channel, will largely contain sound produced by project activities, with the exception of sound propagating east into nearshore Atlantic waters through the entrance channel (see Figure 2-2 of the Navy's application). Bravo Wharf is located in the western corner of the Mayport turning basin.

    Detailed Description of Activities

    In order to rehabilitate Bravo Wharf, the Navy proposes to install a new steel sheet pile bulkhead at Bravo Wharf. The project consists of installing a total of approximately 880 single sheet piles (Phase I—berths B-2 and B-3: 590; Phase II—berth B-1: 290). The wall will be anchored at the top and fill consisting of clean gravel and flowable concrete fill will be placed behind the wall. A concrete cap will be formed along the top and outside face of the wall to tie the entire structure together and provide a berthing surface for vessels. The new bulkhead will be designed for a fifty-year service life.

    All piles would be driven by vibratory hammer, although impact pile driving may be used as a contingency in cases when vibratory driving is not sufficient to reach the necessary depth. In the unlikely event that impact driving is required, either impact or vibratory driving could occur on a given day, but concurrent use of vibratory and impact drivers would not occur. The Navy estimates that a total of 130 in-water work days may be required to complete pile driving activity, which includes twenty days for contingency impact driving, if necessary.

    Description of Marine Mammals in the Area of the Specified Activity

    There are four marine mammal species which may inhabit or transit through the waters nearby NSM at the mouth of the St. Johns River and in nearby nearshore Atlantic waters. These include the bottlenose dolphin, Atlantic spotted dolphin (Stenella frontalis), North Atlantic right whale (Eubalaena glacialis), and humpback whale (Megaptera novaeangliae). Multiple additional cetacean species occur in South Atlantic waters but would not be expected to occur in shallow nearshore waters of the action area. Table 1 lists the marine mammal species with expected potential for occurrence in the vicinity of NSM during the project timeframe and summarizes key information regarding stock status and abundance. Taxonomically, we follow Committee on Taxonomy (2014). Please see NMFS' Stock Assessment Reports (SAR), available at www.nmfs.noaa.gov/pr/sars, for more detailed accounts of these stocks' status and abundance. Please also refer to NMFS' Web site (www.nmfs.noaa.gov/pr/species/mammals) for generalized species accounts and to the Navy's Marine Resource Assessment for the Charleston/Jacksonville Operating Area, which documents and describes the marine resources that occur in Navy operating areas of the Southeast (DoN, 2008). The document is publicly available at www.navfac.navy.mil/products_and_services/ev/products_and_services/marine_resources/marine_resource_assessments.html (accessed November 2, 2015).

    In the species accounts provided here, we offer a brief introduction to the species and relevant stock as well as available information regarding population trends and threats, and describe any information regarding local occurrence. Multiple stocks of bottlenose dolphins may be present in the action area, either seasonally or year-round, and are described further below. We first address the three other species that may occur in the action area.

    Table 1—Marine Mammals Potentially Present in the Vicinity of NSM Species Stock ESA/MMPA status;
  • strategic
  • (Y/N) 1
  • Stock abundance
  • (CV, Nmin, most recent
  • abundance survey) 2
  • PBR 3 Annual M/SI 4 Relative occurrence;
  • season of occurrence
  • Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales) Family Balaenidae North Atlantic right whale Western North Atlantic 5 E/D; Y 476 (0; 476; 2013) 1 4.3 Rare inshore, regular near/offshore; Nov-Apr. Humpback whale Gulf of Maine E/D; Y 823 (0; 823; 2008) 2.7 7.6 Rare; Fall-Spring. Superfamily Odontoceti (toothed whales, dolphins, and porpoises) Family Delphinidae Atlantic spotted dolphin Western North Atlantic -; N 44,715 (0.43; 31,610; 2011) 316 0 Rare; year-round. Common bottlenose dolphin Western North Atlantic Offshore -; N 77,532 (0.4; 56,053; 2011) 561 43.9 Rare; year-round. Western North Atlantic Coastal, Southern Migratory -/D; Y 9,173 (0.46; 6,326; 2010-11) 63 0-12 Possibly common; 8 Jan-Mar. Western North Atlantic Coastal, Northern Florida -/D; Y 1,219 (0.67; 730; 2010-11) 7 0.4 Possibly common; 8 year-round. Jacksonville Estuarine System 6 -; Y 412 7 (0.06; unk; 1994-97) undet. 1.2 Possibly common; 8 year-round. 1 ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR (see footnote 3) or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. For certain stocks, abundance estimates are actual counts of animals and there is no associated CV. The most recent abundance survey that is reflected in the abundance estimate is presented; there may be more recent surveys that have not yet been incorporated into the estimate. 3 Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population size (OSP). 4 These values, found in NMFS' SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, subsistence hunting, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value. All values presented here are from the draft 2015 SARs (www.nmfs.noaa.gov/pr/sars/draft.htm). 5 Abundance estimates (and resulting PBR values) for these stocks are new values presented in the draft 2015 SARs. This information was made available for public comment and is currently under review and therefore may be revised prior to finalizing the 2015 SARs. However, we consider this information to be the best available for use in this document. 6 Abundance estimates for these stocks are greater than eight years old and are therefore not considered current. PBR is considered undetermined for these stocks, as there is no current minimum abundance estimate for use in calculation. We nevertheless present the most recent abundance estimates and PBR values, as these represent the best available information for use in this document. 7 This abundance estimate is considered an overestimate because it includes non- and seasonally-resident animals. 8 Bottlenose dolphins in general are common in the project area, but it is not possible to readily identify them to stock. Therefore, these three stocks are listed as possibly common as we have no information about which stock commonly only occurs.

    Northern Right whales occur in sub-polar to temperate waters in all major ocean basins in the world with a clear migratory pattern, occurring in high latitudes in summer (feeding) and lower latitudes in winter (breeding). North Atlantic right whales exhibit extensive migratory patterns, traveling along the eastern seaboard from calving grounds off Georgia and northern Florida to northern feeding areas off of the northeast U.S. and Canada in March/April and returning in November/December. Migrations are typically within 30 nmi of the coastline and in waters less than 50 m deep. Although this migratory pattern is well known, winter distribution for most of the population—the non-calving portion—is poorly known, as many whales are not observed on the calving grounds. It is unknown where these animals spend the winter, although they may occur further offshore or may remain on foraging grounds during winter (Morano et al., 2012). During the winter calving period, right whales occur regularly in offshore waters of northeastern Florida. Critical habitat for right whales in the southeast (as identified under the ESA) is designated to protect calving grounds, and encompasses waters from the coast out to 15 nmi offshore from Mayport. More rarely, right whales have been observed entering the mouth of the St. Johns River for brief periods of time (Schweitzer and Zoodsma, 2011). Right whales are not present in the region outside of the winter calving season.

    Humpback whales are a cosmopolitan species that migrate seasonally between warm-water (tropical or sub-tropical) breeding and calving areas in winter months and cool-water (temperate to sub-Arctic/Antarctic) feeding areas in summer months (Gendron and Urban, 1993). They tend to occupy shallow, coastal waters, although migrations are undertaken through deep, pelagic waters. In the North Atlantic, humpback whales are known to aggregate in six summer feeding areas representing relatively discrete subpopulations (Clapham and Mayo, 1987), which share common wintering grounds in the Caribbean (and to a lesser extent off of West Africa) (Winn et al., 1975; Mattila et al., 1994; Palsbøll et al., 1997; Smith et al., 1999; Stevick et al., 2003; Cerchio et al., 2010). These populations or aggregations range from the Gulf of Maine in the west to Norway in the east, and the migratory range includes the east coast of the U.S. and Canada. The only managed stock in U.S. waters is the Gulf of Maine feeding aggregation, although other stocks occur in Canadian waters (e.g., Gulf of St. Lawrence feeding aggregation), and it is possible that whales from other stocks could occur in U.S. waters. Significant numbers of whales do remain in mid- to high-latitude waters during the winter months (Clapham et al., 1993; Swingle et al., 1993), and there have been a number of humpback sightings in coastal waters of the southeastern U.S. during the winter (Wiley et al., 1995; Laerm et al., 1997; Waring et al., 2014). According to Waring et al. (2014), it is unclear whether the increased numbers of sightings represent a distributional change, or are simply due to an increase in sighting effort and/or whale abundance. These factors aside, the humpback whale remains relatively rare in U.S. coastal waters south of the mid-Atlantic region, and is considered rare to extralimital in the action area. Any occurrences in the region would be expected in fall, winter, and spring during migration, as whales are unlikely to occur so far south during the summer feeding season.

    Neither the humpback whale nor the right whale would occur within the turning basin, and only the right whale has been observed to occur as far inshore as the mouth of the St. Johns River. Therefore, the potential for interaction with these species is unlikely. When considering frequency of occurrence, size of ensonified area (less than one square kilometer during both vibratory (approximately 0.61 km2) and impact driving (0.51 km2)), and duration (seventy three days in phase I, and thirty seven days in phase II), we consider the possibility for harassment of humpback and right whales to be discountable. Therefore, the humpback whale and right whale are excluded from further analysis and are not discussed further in this document.

    Atlantic spotted dolphins are distributed in tropical and warm temperate waters of the western North Atlantic predominantly over the continental shelf and upper slope, from southern New England through the Gulf of Mexico (Leatherwood et al., 1976). Spotted dolphins in the Atlantic Ocean and Gulf of Mexico are managed as separate stocks. The Atlantic spotted dolphin occurs in two forms which may be distinct sub-species (Perrin et al., 1987; Rice, 1998); a larger, more heavily spotted form inhabits the continental shelf inside or near the 200-m isobath and is the only form that would be expected to occur in the action area. Although typically observed in deeper waters, spotted dolphins of the western North Atlantic stock do occur regularly in nearshore waters south of the Chesapeake Bay (Mullin and Fulling, 2003). Specific data regarding seasonal occurrence in the region of activity is lacking, but higher numbers of individuals have been reported to occur in nearshore waters of the Gulf of Mexico from November to May, suggesting seasonal migration patterns (Griffin and Griffin, 2003).

    From recent observation reports from the Navy from previous construction activity at Naval Station Mayport, no spotted dolphins were observed. Similarly, dolphin research studies that have been conducted in the area also reported zero observed spotted dolphins in the project area (Gibson, pers. comm.). We consider the likelihood of Atlantic spotted dolphins being impacted by the construction activities to be discountable based on this information, combined with the zero estimated exposures (density: 0.005240/km2). Therefore, spotted dolphins are also excluded from further analysis and are not discussed further in this document.

    The following summarizes the population status and abundance of the remaining species.

    Bottlenose Dolphin

    Bottlenose dolphins are found worldwide in tropical to temperate waters and can be found in all depths from estuarine inshore to deep offshore waters. Temperature appears to limit the range of the species, either directly, or indirectly, for example, through distribution of prey. Off North American coasts, common bottlenose dolphins are found where surface water temperatures range from about 10 °C to 32 °C. In many regions, including the southeastern U.S., separate coastal and offshore populations are known. There is significant genetic, morphological, and hematological differentiation evident between the two ecotypes (e.g., Walker, 1981; Duffield et al., 1983; Duffield, 1987; Hoelzel et al., 1998), which correspond to shallow, warm water and deep, cold water. Both ecotypes have been shown to inhabit the western North Atlantic (Hersh and Duffield, 1990; Mead and Potter, 1995), where the deep-water ecotype tends to be larger and darker. In addition, several lines of evidence, including photo-identification and genetic studies, support a distinction between dolphins inhabiting coastal waters near the shore and those present in the inshore waters of bays, sounds and estuaries. This complex differentiation of bottlenose dolphin populations is observed throughout the Atlantic and Gulf of Mexico coasts where bottlenose dolphins are found, although estuarine populations have not been fully defined.

    In the Mayport area, four stocks of bottlenose dolphins are currently managed, none of which are protected under the ESA. Of the four stocks—offshore, southern migratory coastal, northern Florida coastal, and Jacksonville estuarine system—only the latter three are likely to occur in the action area. Bottlenose dolphins typically occur in groups of 2-15 individuals (Shane et al., 1986; Kerr et al., 2005). Although significantly larger groups have also been reported, smaller groups are typical of shallow, confined waters. In addition, such waters typically support some degree of regional site fidelity and limited movement patterns (Shane et al., 1986; Wells et al., 1987). Observations made during marine mammal surveys conducted during 2012-2013 in the Mayport turning basin show bottlenose dolphins typically occurring individually or in pairs, or less frequently in larger groups. The maximum observed group size during these surveys is six, while the mode is one. Navy observations indicate that bottlenose dolphins rarely linger in a particular area in the turning basin, but rather appear to move purposefully through the basin and then leave, which likely reflects a lack of biological importance for these dolphins in the basin. Based on currently available information, it is not possible to determine the stock to which the dolphins occurring in the action area may belong. These stocks are described in greater detail below.

    Western North Atlantic Offshore—This stock, consisting of the deep-water ecotype or offshore form of bottlenose dolphin in the western North Atlantic, is distributed primarily along the outer continental shelf and continental slope, but has been documented to occur relatively close to shore (Waring et al., 2014). The separation between offshore and coastal morphotypes varies depending on location and season, with the ranges overlapping to some degree south of Cape Hatteras. Based on genetic analysis, Torres et al. (2003) found a distributional break at 34 km from shore, with the offshore form found exclusively seaward of 34 km and in waters deeper than 34 m. Within 7.5 km of shore, all animals were of the coastal morphotype. More recently, coastwide, systematic biopsy collection surveys were conducted during the summer and winter to evaluate the degree of spatial overlap between the two morphotypes. South of Cape Hatteras, spatial overlap was found although the probability of a sampled group being from the offshore morphotype increased with increasing depth, and the closest distance for offshore animals was 7.3 km from shore, in water depths of 13 m just south of Cape Lookout (Garrison et al., 2003). The maximum radial distance for the largest ZOI is approximately 1.2 km (Table 3); therefore, it is unlikely that any individuals of the offshore morphotype would be affected by project activities. In terms of water depth, the affected area is generally in the range of the shallower depth reported for offshore dolphins by Garrison et al. (2003), but is far shallower than the depths reported by Torres et al. (2003). South of Cape Lookout, the zone of spatial overlap between offshore and coastal ecotypes is generally considered to occur in water depths between 20-100 m (Waring et al., 2014), which is generally deeper than waters in the action area. This stock is thus excluded from further analysis.

    Western North Atlantic Coastal, Southern Migratory—The coastal morphotype of bottlenose dolphin is continuously distributed from the Gulf of Mexico to the Atlantic and north approximately to Long Island (Waring et al., 2014). On the Atlantic coast, Scott et al. (1988) hypothesized a single coastal stock, citing stranding patterns during a high mortality event in 1987-88 and observed density patterns. More recent studies demonstrate that there is instead a complex mosaic of stocks (Zolman, 2002; McLellan et al., 2002; Rosel et al., 2009). The coastal morphotype was managed by NMFS as a single stock until 2009, when it was split into five separate stocks, including northern and southern migratory stocks. The original, single stock of coastal dolphins recognized from 1995-2001 was listed as depleted under the MMPA as a result of a 1987-88 mortality event. That designation was retained when the single stock was split into multiple coastal stocks. Therefore, all coastal stocks of bottlenose dolphins are listed as depleted under the MMPA, and are also considered strategic stocks.

    According to the Scott et al. (1988) hypothesis, a single stock was thought to migrate seasonally between New Jersey (summer) and central Florida (winter). Instead, it was more recently determined that a mix of resident and migratory stocks exists, with the migratory movements and spatial distribution of the southern migratory stock the most poorly understood of these. Stable isotope analysis and telemetry studies provide evidence for seasonal movements of dolphins between North Carolina and northern Florida (Knoff, 2004; Waring et al., 2014), and genetic analyses and tagging studies support differentiation of northern and southern migratory stocks (Rosel et al., 2009; Waring et al., 2014). Although there is significant uncertainty regarding the southern migratory stock's spatial movements, telemetry data indicates that the stock occupies waters of southern North Carolina (south of Cape Lookout) during the fall (October-December). In winter months (January-March), the stock moves as far south as northern Florida where it overlaps spatially with the northern Florida coastal and Jacksonville estuarine system stocks. In spring (April-June), the stock returns north to waters of North Carolina, and is presumed to remain north of Cape Lookout during the summer months. Therefore, the potential exists for harassment of southern migratory dolphins, most likely during the winter only.

    Bottlenose dolphins are ubiquitous in coastal waters from the mid-Atlantic through the Gulf of Mexico, and therefore interact with multiple coastal fisheries, including gillnet, trawl, and trap/pot fisheries. Stock-specific total fishery-related mortality and serious injury cannot be directly estimated because of the spatial overlap among stocks of bottlenose dolphins, as well as because of unobserved fisheries. The primary known source of fishery mortality for the southern migratory stock is the mid-Atlantic gillnet fishery (Waring et al., 2014). Between 2004 and 2008, 588 bottlenose dolphins stranded along the Atlantic coast between Florida and Maryland that could potentially be assigned to the southern migratory stock, although the assignment of animals to a particular stock is impossible in some seasons and regions due to spatial overlap amongst stocks (Waring et al., 2014). Many of these animals exhibited some evidence of human interaction, such as line/net marks, gunshot wounds, or vessel strike. In addition, nearshore and estuarine habitats occupied by the coastal morphotype are adjacent to areas of high human population and some are highly industrialized. It should also be noted that stranding data underestimate the extent of fishery-related mortality and serious injury because not all of the marine mammals that die or are seriously injured in fishery interactions are discovered, reported or investigated, nor will all of those that are found necessarily show signs of entanglement or other fishery interaction. The level of technical expertise among stranding network personnel varies widely as does the ability to recognize signs of fishery interactions. Finally, multiple resident populations of bottlenose dolphins have been shown to have high concentrations of organic pollutants (e.g., Kuehl et al., 1991) and, despite little study of contaminant loads in migrating coastal dolphins, exposure to environmental pollutants and subsequent effects on population health is an area of concern and active research.

    Western North Atlantic Coastal, Northern Florida—Please see above for description of the differences between coastal and offshore ecotypes and the delineation of coastal dolphins into management stocks. The northern Florida coastal stock is one of five stocks of coastal dolphins and one of three known resident stocks (other resident stocks include South Carolina/Georgia and central Florida dolphins). The spatial extent of these stocks, their potential seasonal movements, and their relationships with estuarine stocks are poorly understood. During summer months, when the migratory stocks are known to be in North Carolina waters and further north, bottlenose dolphins are still seen in coastal waters of South Carolina, Georgia and Florida, indicating the presence of additional stocks of coastal animals. Speakman et al. (2006) documented dolphins in coastal waters off Charleston, South Carolina, that are not known resident members of the estuarine stock, and genetic analyses indicate significant differences between coastal dolphins from northern Florida, Georgia and central South Carolina (NMFS, 2001; Rosel et al., 2009). The northern Florida stock is thought to be present from approximately the Georgia-Florida border south to 29.4° N. (Waring et al., 2014).

    The northern Florida coastal stock ventures into the St. Johns River in large numbers, but rarely moves past Naval Station Mayport. The mouth of the St. Johns River may serve as a foraging area for this stock and the Jacksonville estuarine stock (Gibson, pers. comm).

    The northern Florida coastal stock is susceptible to interactions with similar fisheries as those described above for the southern migratory stock, including gillnet, trawl, and trap/pot fisheries. From 2004-08, 78 stranded dolphins were recovered in northern Florida waters, although it was not possible to determine whether there was evidence of human interaction for the majority of these (Waring et al., 2014). The same concerns discussed above regarding underestimation of mortality hold for this stock and, as for southern migratory dolphins, pollutant loading is a concern.

    Jacksonville Estuarine System—Please see above for description of the differences between coastal and offshore ecotypes and the delineation of coastal dolphins into management stocks primarily inhabiting nearshore waters. The coastal morphotype of bottlenose dolphin is also resident to certain inshore estuarine waters (Caldwell, 2001; Gubbins, 2002; Zolman, 2002; Gubbins et al., 2003). Multiple lines of evidence support demographic separation between coastal dolphins found in nearshore waters and those in estuarine waters, as well as between dolphins residing within estuaries along the Atlantic and Gulf coasts (e.g., Wells et al., 1987; Scott et al., 1990; Wells et al., 1996; Cortese, 2000; Zolman, 2002; Speakman, et al. 2006; Stolen et al., 2007; Balmer et al., 2008; Mazzoil et al., 2008). In particular, a study conducted near Jacksonville demonstrated significant genetic differences between coastal and estuarine dolphins (Caldwell, 2001; Rosel et al., 2009). Despite evidence for genetic differentiation between estuarine and nearshore populations, the degree of spatial overlap between these populations remains unclear. Photo-identification studies within estuaries demonstrate seasonal immigration and emigration and the presence of transient animals (e.g., Speakman et al., 2006). In addition, the degree of movement of resident estuarine animals into coastal waters on seasonal or shorter time scales is poorly understood (Waring et al., 2014).

    The Jacksonville estuarine system (JES) stock has been defined as separate primarily by the results of photo-identification and genetic studies. The stock range is considered to be bounded in the north by the Georgia-Florida border at Cumberland Sound, extending south to approximately Jacksonville Beach, Florida. This encompasses an area defined during a photo-identification study of bottlenose dolphin residency patterns in the area (Caldwell, 2001), and the borders are subject to change upon further study of dolphin residency patterns in estuarine waters of southern Georgia and northern/central Florida. The habitat is comprised of several large brackish rivers, including the St. Johns River, as well as tidal marshes and shallow riverine systems. Three behaviorally different communities were identified during Caldwell's (2001) study: The estuarine waters north (Northern) and south (Southern) of the St. Johns River and the coastal area, all of which differed in density, habitat fidelity and social affiliation patterns. The coastal dolphins are believed to be members of a coastal stock, however (Waring et al., 2014). Although Northern and Southern members of the JES stock show strong site fidelity, members of both groups have been observed outside their preferred areas. Dolphins residing within estuaries south of Jacksonville Beach down to the northern boundary of the Indian River Lagoon Estuarine System (IRLES) stock are currently not included in any stock, as there are insufficient data to determine whether animals in this area exhibit affiliation to the JES stock, the IRLES stock, or are simply transient animals associated with coastal stocks. Further research is needed to establish affinities of dolphins in the area between the ranges, as currently understood, of the JES and IRLES stocks.

    The JES stock is susceptible to similar fisheries interactions as those described above for coastal stocks, although only trap/pot fisheries are likely to occur in estuarine waters frequented by the stock. Only one dolphin carcass bearing evidence of fisheries interaction was recovered during 2003-07 in the JES area, and an additional sixteen stranded dolphins were recovered during this time, but no determinations regarding human interactions could be made for the majority (Waring et al., 2014). Nineteen bottlenose dolphins died in the St. Johns River (SJR), Florida between May 24 and November 7, 2010, all of which came from the JES stock. The cause of these deaths was undetermined. The same concerns discussed above regarding underestimation of mortality hold for this stock and, as for stocks discussed above, pollutant loading is a concern. Although no contaminant analyses have yet been conducted in this area, the JES stock inhabits areas with significant drainage from industrial and urban sources, and as such is exposed to contaminants in runoff from these. In other estuarine areas where such analyses have been conducted, exposure to anthropogenic contaminants has been found to likely have an effect (Hansen et al. 2004; Schwacke et al., 2004; Reif et al., 2008).

    The original, single stock of coastal dolphins recognized from 1995-2001 was listed as depleted under the MMPA as a result of a 1987-88 mortality event. That designation was retained when the single stock was split into multiple coastal stocks. However, Scott et al. (1988) suggested that dolphins residing in the bays, sounds and estuaries adjacent to these coastal waters were not affected by the mortality event and these animals were explicitly excluded from the depleted listing (Waring et al., 2014). Gubbins et al. (2003), using data from Caldwell (2001), estimated the stock size to be 412 (CV = 0.06). However, NMFS considers abundance unknown because this estimate likely includes an unknown number of non-resident and seasonally-resident dolphins. It nevertheless represents the best available information regarding stock size. Because the stock size is likely small, and relatively few mortalities and serious injuries would exceed PBR, the stock is considered to be a strategic stock (Waring et al., 2014).

    An unusual mortality event (UME) occurred between 2013 and 2015 spanning the Atlantic coast, which impacted all stocks of bottlenose dolphins in the area. Over 1,800 dolphins stranded in this time period. The preliminary conclusion of the cause of this UME was morbillivirus. The bottlenose dolphin stocks in this area (SJR and coastal areas) may be considered vulnerable to impacts from future activities due to this recent event.

    Potential Effects of the Specified Activity on Marine Mammals and Their Habitat

    This section includes a summary and discussion of the ways that components of the specified activity (e.g., sound produced by pile driving) may impact marine mammals and their habitat. The Estimated Take by Incidental Harassment section later in this document will include a quantitative analysis of the number of individuals that are expected to be taken by this activity. The Negligible Impact Analysis section will include an analysis of how this specific activity will impact marine mammals and will consider the content of this section, the Estimated Take by Incidental Harassment section and the Proposed Mitigation section to draw conclusions regarding the likely impacts of this activity on the reproductive success or survivorship of individuals and from that on the affected marine mammal populations or stocks. In the following discussion, we provide general background information on sound and marine mammal hearing before considering potential effects to marine mammals from sound produced by vibratory and impact pile driving.

    Description of Sound Sources

    Sound travels in waves, the basic components of which are frequency, wavelength, velocity, and amplitude. Frequency is the number of pressure waves that pass by a reference point per unit of time and is measured in hertz (Hz) or cycles per second. Wavelength is the distance between two peaks of a sound wave; lower frequency sounds have longer wavelengths than higher frequency sounds and attenuate (decrease) more rapidly in shallower water. Amplitude is the height of the sound pressure wave or the `loudness' of a sound and is typically measured using the decibel (dB) scale. A dB is the ratio between a measured pressure (with sound) and a reference pressure (sound at a constant pressure, established by scientific standards). It is a logarithmic unit that accounts for large variations in amplitude; therefore, relatively small changes in dB ratings correspond to large changes in sound pressure. When referring to sound pressure levels (SPLs; the sound force per unit area), sound is referenced in the context of underwater sound pressure to 1 microPascal (μPa). One pascal is the pressure resulting from a force of one newton exerted over an area of one square meter. The source level (SL) represents the sound level at a distance of 1 m from the source (referenced to 1 μPa). The received level is the sound level at the listener's position. Note that all underwater sound levels in this document are referenced to a pressure of 1 µPa and all airborne sound levels in this document are referenced to a pressure of 20 μPa.

    Root mean square (rms) is the quadratic mean sound pressure over the duration of an impulse. Rms is calculated by squaring all of the sound amplitudes, averaging the squares, and then taking the square root of the average (Urick, 1983). Rms accounts for both positive and negative values; squaring the pressures makes all values positive so that they may be accounted for in the summation of pressure levels (Hastings and Popper, 2005). This measurement is often used in the context of discussing behavioral effects, in part because behavioral effects, which often result from auditory cues, may be better expressed through averaged units than by peak pressures.

    When underwater objects vibrate or activity occurs, sound-pressure waves are created. These waves alternately compress and decompress the water as the sound wave travels. Underwater sound waves radiate in all directions away from the source (similar to ripples on the surface of a pond), except in cases where the source is directional. The compressions and decompressions associated with sound waves are detected as changes in pressure by aquatic life and man-made sound receptors such as hydrophones.

    Even in the absence of sound from the specified activity, the underwater environment is typically loud due to ambient sound. Ambient sound is defined as environmental background sound levels lacking a single source or point (Richardson et al., 1995), and the sound level of a region is defined by the total acoustical energy being generated by known and unknown sources. These sources may include physical (e.g., waves, earthquakes, ice, atmospheric sound), biological (e.g., sounds produced by marine mammals, fish, and invertebrates), and anthropogenic sound (e.g., vessels, dredging, aircraft, construction). A number of sources contribute to ambient sound, including the following (Richardson et al., 1995):

    • Wind and waves: The complex interactions between wind and water surface, including processes such as breaking waves and wave-induced bubble oscillations and cavitation, are a main source of naturally occurring ambient noise for frequencies between 200 Hz and 50 kHz (Mitson, 1995). In general, ambient sound levels tend to increase with increasing wind speed and wave height. Surf noise becomes important near shore, with measurements collected at a distance of 8.5 km from shore showing an increase of 10 dB in the 100 to 700 Hz band during heavy surf conditions.

    • Precipitation: Sound from rain and hail impacting the water surface can become an important component of total noise at frequencies above 500 Hz, and possibly down to 100 Hz during quiet times.

    • Biological: Marine mammals can contribute significantly to ambient noise levels, as can some fish and shrimp. The frequency band for biological contributions is from approximately 12 Hz to over 100 kHz.

    • Anthropogenic: Sources of ambient noise related to human activity include transportation (surface vessels and aircraft), dredging and construction, oil and gas drilling and production, seismic surveys, sonar, explosions, and ocean acoustic studies. Shipping noise typically dominates the total ambient noise for frequencies between 20 and 300 Hz. In general, the frequencies of anthropogenic sounds are below 1 kHz and, if higher frequency sound levels are created, they attenuate rapidly (Richardson et al., 1995). Sound from identifiable anthropogenic sources other than the activity of interest (e.g., a passing vessel) is sometimes termed background sound, as opposed to ambient sound.

    The sum of the various natural and anthropogenic sound sources at any given location and time—which comprise “ambient” or “background” sound—depends not only on the source levels (as determined by current weather conditions and levels of biological and shipping activity) but also on the ability of sound to propagate through the environment. In turn, sound propagation is dependent on the spatially and temporally varying properties of the water column and sea floor, and is frequency-dependent. As a result of the dependence on a large number of varying factors, ambient sound levels can be expected to vary widely over both coarse and fine spatial and temporal scales. Sound levels at a given frequency and location can vary by 10-20 dB from day to day (Richardson et al., 1995). The result is that, depending on the source type and its intensity, sound from the specified activity may be a negligible addition to the local environment or could form a distinctive signal that may affect marine mammals.

    The underwater acoustic environment in the Mayport turning basin is likely to be dominated by noise from day-to-day port and vessel activities. The basin is sheltered from most wave noise, but is a high-use area for naval ships, tugboats, and security vessels. When underway, these sources can create noise between 20 Hz and 16 kHz (Lesage et al., 1999), with broadband noise levels up to 180 dB. While there are no current measurements of ambient noise levels in the turning basin, it is likely that levels within the basin periodically exceed the 120 dB threshold and, therefore, that the high levels of anthropogenic activity in the basin create an environment far different from quieter habitats where behavioral reactions to sounds around the 120 dB threshold have been observed (e.g., Malme et al., 1984, 1988).

    In-water construction activities associated with the project would include impact pile driving and vibratory pile driving. The sounds produced by these activities fall into one of two general sound types: Pulsed and non-pulsed (defined in the following). The distinction between these two sound types is important because they have differing potential to cause physical effects, particularly with regard to hearing (e.g., Ward, 1997 in Southall et al., 2007). Please see Southall et al., (2007) for an in-depth discussion of these concepts.

    Pulsed sound sources (e.g., explosions, gunshots, sonic booms, impact pile driving) produce signals that are brief (typically considered to be less than one second), broadband, atonal transients (ANSI, 1986; Harris, 1998; NIOSH, 1998; ISO, 2003; ANSI, 2005) and occur either as isolated events or repeated in some succession. Pulsed sounds are all characterized by a relatively rapid rise from ambient pressure to a maximal pressure value followed by a rapid decay period that may include a period of diminishing, oscillating maximal and minimal pressures, and generally have an increased capacity to induce physical injury as compared with sounds that lack these features.

    Non-pulsed sounds can be tonal, narrowband, or broadband, brief or prolonged, and may be either continuous or non-continuous (ANSI, 1995; NIOSH, 1998). Some of these non-pulsed sounds can be transient signals of short duration but without the essential properties of pulses (e.g., rapid rise time). Examples of non-pulsed sounds include those produced by vessels, aircraft, machinery operations such as drilling or dredging, vibratory pile driving, and active sonar systems (such as those used by the U.S. Navy). The duration of such sounds, as received at a distance, can be greatly extended in a highly reverberant environment.

    Impact hammers operate by repeatedly dropping a heavy piston onto a pile to drive the pile into the substrate. Sound generated by impact hammers is characterized by rapid rise times and high peak levels, a potentially injurious combination (Hastings and Popper, 2005). Vibratory hammers install piles by vibrating them and allowing the weight of the hammer to push them into the sediment. Vibratory hammers produce significantly less sound than impact hammers. Peak SPLs may be 180 dB or greater, but are generally 10 to 20 dB lower than SPLs generated during impact pile driving of the same-sized pile (Oestman et al., 2009). Rise time is slower, reducing the probability and severity of injury, and sound energy is distributed over a greater amount of time (Nedwell and Edwards, 2002; Carlson et al., 2005).

    Marine Mammal Hearing

    Hearing is the most important sensory modality for marine mammals, and exposure to sound can have deleterious effects. To appropriately assess these potential effects, it is necessary to understand the frequency ranges marine mammals are able to hear. Current data indicate that not all marine mammal species have equal hearing capabilities (e.g., Richardson et al., 1995; Wartzok and Ketten, 1999; Au and Hastings, 2008). To reflect this, Southall et al. (2007) recommended that marine mammals be divided into functional hearing groups based on measured or estimated hearing ranges on the basis of available behavioral data, audiograms derived using auditory evoked potential techniques, anatomical modeling, and other data. The lower and/or upper frequencies for some of these functional hearing groups have been modified from those designated by Southall et al. (2007). The functional groups and the associated frequencies are indicated below (note that these frequency ranges do not necessarily correspond to the range of best hearing, which varies by species):

    • Low-frequency cetaceans (mysticetes): Functional hearing is estimated to occur between approximately 7 Hz and 25 kHz (extended from 22 kHz; Watkins, 1986; Au et al., 2006; Lucifredi and Stein, 2007; Ketten and Mountain, 2009; Tubelli et al., 2012);

    • Mid-frequency cetaceans (larger toothed whales, beaked whales, and most delphinids): Functional hearing is estimated to occur between approximately 150 Hz and 160 kHz;

    • High-frequency cetaceans (porpoises, river dolphins, and members of the genera Kogia and Cephalorhynchus; now considered to include two members of the genus Lagenorhynchus on the basis of recent echolocation data and genetic data [May-Collado and Agnarsson, 2006; Kyhn et al. 2009, 2010; Tougaard et al. 2010]): Functional hearing is estimated to occur between approximately 200 Hz and 180 kHz; and

    • Pinnipeds in water: Functional hearing is estimated to occur between approximately 75 Hz to 100 kHz for Phocidae (true seals) and between 100 Hz and 40 kHz for Otariidae (eared seals), with the greatest sensitivity between approximately 700 Hz and 20 kHz. The pinniped functional hearing group was modified from Southall et al. (2007) on the basis of data indicating that phocid species have consistently demonstrated an extended frequency range of hearing compared to otariids, especially in the higher frequency range (Hemilä et al., 2006; Kastelein et al., 2009; Reichmuth et al., 2013).

    One cetacean species is expected to potentially be affected by the specified activity. Bottlenose dolphins are classified as mid-frequency cetaceans.

    Acoustic Effects, Underwater

    Potential Effects of Pile Driving Sound—The effects of sounds from pile driving might result in one or more of the following: Temporary or permanent hearing impairment, non-auditory physical or physiological effects, behavioral disturbance, and masking (Richardson et al., 1995; Gordon et al., 2003; Nowacek et al., 2007; Southall et al., 2007). The effects of pile driving on marine mammals are dependent on several factors, including the size, type, and depth of the animal; the depth, intensity, and duration of the pile driving sound; the depth of the water column; the substrate of the habitat; the standoff distance between the pile and the animal; and the sound propagation properties of the environment. Impacts to marine mammals from pile driving activities are expected to result primarily from acoustic pathways. As such, the degree of effect is intrinsically related to the received level and duration of the sound exposure, which are in turn influenced by the distance between the animal and the source. The further away from the source, the less intense the exposure should be. The substrate and depth of the habitat affect the sound propagation properties of the environment. Shallow environments are typically more structurally complex, which leads to rapid sound attenuation. In addition, substrates that are soft (e.g., sand) would absorb or attenuate the sound more readily than hard substrates (e.g., rock) which may reflect the acoustic wave. Soft porous substrates would also likely require less time to drive the pile, and possibly less forceful equipment, which would ultimately decrease the intensity of the acoustic source.

    In the absence of mitigation, impacts to marine species would be expected to result from physiological and behavioral responses to both the type and strength of the acoustic signature (Viada et al., 2008). The type and severity of behavioral impacts are more difficult to define due to limited studies addressing the behavioral effects of impulsive sounds on marine mammals. Potential effects from impulsive sound sources can range in severity from effects such as behavioral disturbance or tactile perception to physical discomfort, slight injury of the internal organs and the auditory system, or mortality (Yelverton et al., 1973).

    Hearing Impairment and Other Physical Effects—Marine mammals exposed to high intensity sound repeatedly or for prolonged periods can experience hearing threshold shift (TS), which is the loss of hearing sensitivity at certain frequency ranges (Kastak et al., 1999; Schlundt et al., 2000; Finneran et al., 2002, 2005). TS can be permanent (PTS), in which case the loss of hearing sensitivity is not recoverable, or temporary (TTS), in which case the animal's hearing threshold would recover over time (Southall et al., 2007). Marine mammals depend on acoustic cues for vital biological functions, (e.g., orientation, communication, finding prey, avoiding predators); thus, TTS may result in reduced fitness in survival and reproduction. However, this depends on the frequency and duration of TTS, as well as the biological context in which it occurs. TTS of limited duration, occurring in a frequency range that does not coincide with that used for recognition of important acoustic cues, would have little to no effect on an animal's fitness. Repeated sound exposure that leads to TTS could cause PTS. PTS constitutes injury (direct auditory tissue effects), but TTS does not (Southall et al., 2007). The following subsections discuss in somewhat more detail the possibilities of TTS, PTS, and non-auditory physical effects.

    Temporary Threshold Shift—TTS is the mildest form of hearing impairment that can occur during exposure to a strong sound (Kryter, 1985). While experiencing TTS, the hearing threshold rises, and a sound must be stronger in order to be heard. In terrestrial mammals, TTS can last from minutes or hours to days (in cases of strong TTS). For sound exposures at or somewhat above the TTS threshold, hearing sensitivity in both terrestrial and marine mammals recovers rapidly after exposure to the sound ends. Few data on sound levels and durations necessary to elicit mild TTS have been obtained for marine mammals, and none of the published data concern TTS elicited by exposure to multiple pulses of sound. Available data on TTS in marine mammals are summarized in Southall et al. (2007).

    Given the available data, the received level of a single pulse (with no frequency weighting) might need to be approximately 186 dB re 1 μPa2-s (i.e., 186 dB sound exposure level [SEL] or approximately 221-226 dB p-p [peak]) in order to produce brief, mild TTS. Exposure to several strong pulses that each have received levels near 190 dB rms (175-180 dB SEL) might result in cumulative exposure of approximately 186 dB SEL and thus slight TTS in a small odontocete, assuming the TTS threshold is (to a first approximation) a function of the total received pulse energy.

    The above TTS information for odontocetes is derived from studies on the bottlenose dolphin and beluga whale (Delphinapterus leucas). There is no published TTS information for other species of cetaceans. However, preliminary evidence from a harbor porpoise exposed to pulsed sound suggests that its TTS threshold may have been lower (Lucke et al., 2009). As summarized above, data that are now available imply that TTS is unlikely to occur unless odontocetes are exposed to pile driving pulses stronger than 180 dB re 1 μPa rms.

    Permanent Threshold Shift—When PTS occurs, there is physical damage to the sound receptors in the ear. In severe cases, there can be total or partial deafness, while in other cases the animal has an impaired ability to hear sounds in specific frequency ranges (Kryter, 1985). There is no specific evidence that exposure to pulses of sound can cause PTS in any marine mammal. However, given the possibility that mammals close to a sound source might incur TTS, there has been further speculation about the possibility that some individuals might incur PTS. Single or occasional occurrences of mild TTS are not indicative of permanent auditory damage, but repeated or (in some cases) single exposures to a level well above that causing TTS onset might elicit PTS.

    Relationships between TTS and PTS thresholds have not been studied in marine mammals but are assumed to be similar to those in humans and other terrestrial mammals. PTS might occur at a received sound level at least several decibels above that inducing mild TTS if the animal were exposed to strong sound pulses with rapid rise time. Based on data from terrestrial mammals, a precautionary assumption is that the PTS threshold for impulse sounds (such as pile driving pulses as received close to the source) is at least 6 dB higher than the TTS threshold on a peak-pressure basis and probably greater than 6 dB (Southall et al., 2007). On an SEL basis, Southall et al. (2007) estimated that received levels would need to exceed the TTS threshold by at least 15 dB for there to be risk of PTS. Thus, for cetaceans, Southall et al. (2007) estimate that the PTS threshold might be an M-weighted SEL (for the sequence of received pulses) of approximately 198 dB re 1 μPa2-s (15 dB higher than the TTS threshold for an impulse). Given the higher level of sound necessary to cause PTS as compared with TTS, it is considerably less likely that PTS could occur.

    Measured source levels from impact pile driving can be as high as 214 dB rms. Although no marine mammals have been shown to experience TTS or PTS as a result of being exposed to pile driving activities, captive bottlenose dolphins and beluga whales exhibited changes in behavior when exposed to strong pulsed sounds (Finneran et al., 2000, 2002, 2005). The animals tolerated high received levels of sound before exhibiting aversive behaviors. Experiments on a beluga whale showed that exposure to a single watergun impulse at a received level of 207 kPa (30 psi) p-p, which is equivalent to 228 dB p-p, resulted in a 7 and 6 dB TTS in the beluga whale at 0.4 and 30 kHz, respectively. Thresholds returned to within 2 dB of the pre-exposure level within four minutes of the exposure (Finneran et al., 2002). Although the source level of pile driving from one hammer strike is expected to be much lower than the single watergun impulse cited here, animals being exposed for a prolonged period to repeated hammer strikes could receive more sound exposure in terms of SEL than from the single watergun impulse (estimated at 188 dB re 1 μPa2-s) in the aforementioned experiment (Finneran et al., 2002). However, in order for marine mammals to experience TTS or PTS, the animals have to be close enough to be exposed to high intensity sound levels for a prolonged period of time. Based on the best scientific information available, these SPLs are far below the thresholds that could cause TTS or the onset of PTS.

    Non-auditory Physiological Effects—Non-auditory physiological effects or injuries that theoretically might occur in marine mammals exposed to strong underwater sound include stress, neurological effects, bubble formation, resonance effects, and other types of organ or tissue damage (Cox et al., 2006; Southall et al., 2007). Studies examining such effects are limited. In general, little is known about the potential for pile driving to cause auditory impairment or other physical effects in marine mammals. Available data suggest that such effects, if they occur at all, would presumably be limited to short distances from the sound source and to activities that extend over a prolonged period. The available data do not allow identification of a specific exposure level above which non-auditory effects can be expected (Southall et al., 2007) or any meaningful quantitative predictions of the numbers (if any) of marine mammals that might be affected in those ways. Marine mammals that show behavioral avoidance of pile driving, including some odontocetes and some pinnipeds, are especially unlikely to incur auditory impairment or non-auditory physical effects.

    Disturbance Reactions

    Disturbance includes a variety of effects, including subtle changes in behavior, more conspicuous changes in activities, and displacement. Behavioral responses to sound are highly variable and context-specific and reactions, if any, depend on species, state of maturity, experience, current activity, reproductive state, auditory sensitivity, time of day, and many other factors (Richardson et al., 1995; Wartzok et al., 2003; Southall et al., 2007).

    Habituation can occur when an animal's response to a stimulus wanes with repeated exposure, usually in the absence of unpleasant associated events (Wartzok et al., 2003). Animals are most likely to habituate to sounds that are predictable and unvarying. The opposite process is sensitization, when an unpleasant experience leads to subsequent responses, often in the form of avoidance, at a lower level of exposure. Behavioral state may affect the type of response as well. For example, animals that are resting may show greater behavioral change in response to disturbing sound levels than animals that are highly motivated to remain in an area for feeding (Richardson et al., 1995; NRC, 2003; Wartzok et al., 2003).

    Controlled experiments with captive marine mammals showed pronounced behavioral reactions, including avoidance of loud sound sources (Ridgway et al., 1997; Finneran et al., 2003). Observed responses of wild marine mammals to loud pulsed sound sources (typically seismic guns or acoustic harassment devices, but also including pile driving) have been varied but often consist of avoidance behavior or other behavioral changes suggesting discomfort (Morton and Symonds, 2002; Thorson and Reyff, 2006; see also Gordon et al., 2003; Wartzok et al., 2003; Nowacek et al., 2007). Responses to continuous sound, such as vibratory pile installation, have not been documented as well as responses to pulsed sounds.

    With both types of pile driving, it is likely that the onset of pile driving could result in temporary, short term changes in an animal's typical behavior and/or avoidance of the affected area. These behavioral changes may include (Richardson et al., 1995): Changing durations of surfacing and dives, number of blows per surfacing, or moving direction and/or speed; reduced/increased vocal activities; changing/cessation of certain behavioral activities (such as socializing or feeding); visible startle response or aggressive behavior (such as tail/fluke slapping or jaw clapping); avoidance of areas where sound sources are located; and/or flight responses (e.g., pinnipeds flushing into water from haul-outs or rookeries). Pinnipeds may increase their haul-out time, possibly to avoid in-water disturbance (Thorson and Reyff, 2006).

    The biological significance of many of these behavioral disturbances is difficult to predict, especially if the detected disturbances appear minor. However, the consequences of behavioral modification could be expected to be biologically significant if the change affects growth, survival, or reproduction. Significant behavioral modifications that could potentially lead to effects on growth, survival, or reproduction include:

    • Drastic changes in diving/surfacing patterns (such as those thought to cause beaked whale stranding due to exposure to military mid-frequency tactical sonar);

    • Habitat abandonment due to loss of desirable acoustic environment; and

    • Cessation of feeding or social interaction.

    The onset of behavioral disturbance from anthropogenic sound depends on both external factors (characteristics of sound sources and their paths) and the specific characteristics of the receiving animals (hearing, motivation, experience, demography) and is difficult to predict (Southall et al., 2007).

    Auditory Masking

    Natural and artificial sounds can disrupt behavior by masking, or interfering with, a marine mammal's ability to hear other sounds. Masking occurs when the receipt of a sound is interfered with by another coincident sound at similar frequencies and at similar or higher levels. Chronic exposure to excessive, though not high-intensity, sound could cause masking at particular frequencies for marine mammals, which utilize sound for vital biological functions. Masking can interfere with detection of acoustic signals such as communication calls, echolocation sounds, and environmental sounds important to marine mammals. Therefore, under certain circumstances, marine mammals whose acoustical sensors or environment are being severely masked could also be impaired from maximizing their performance fitness in survival and reproduction. If the coincident (masking) sound were man-made, it could be potentially harassing if it disrupted hearing-related behavior. It is important to distinguish TTS and PTS, which persist after the sound exposure, from masking, which occurs during the sound exposure. Because masking (without resulting in TS) is not associated with abnormal physiological function, it is not considered a physiological effect, but rather a potential behavioral effect.

    The frequency range of the potentially masking sound is important in determining any potential behavioral impacts. Because sound generated from in-water pile driving is mostly concentrated at low frequency ranges, it may have less effect on high frequency echolocation sounds made by porpoises. However, lower frequency man-made sounds are more likely to affect detection of communication calls and other potentially important natural sounds such as surf and prey sound. It may also affect communication signals when they occur near the sound band and thus reduce the communication space of animals (e.g., Clark et al., 2009) and cause increased stress levels (e.g., Foote et al., 2004; Holt et al., 2009).

    Masking has the potential to impact species at the population or community levels as well as at individual levels. Masking affects both senders and receivers of the signals and can potentially have long-term chronic effects on marine mammal species and populations. Recent research suggests that low frequency ambient sound levels have increased by as much as 20 dB (more than three times in terms of SPL) in the world's ocean from pre-industrial periods, and that most of these increases are from distant shipping (Hildebrand, 2009). All anthropogenic sound sources, such as those from vessel traffic, pile driving, and dredging activities, contribute to the elevated ambient sound levels, thus intensifying masking.

    The most intense underwater sounds in the proposed action are those produced by impact pile driving. Given that the energy distribution of pile driving covers a broad frequency spectrum, sound from these sources would likely be within the audible range of marine mammals present in the project area. Impact pile driving activity is relatively short-term, with rapid pulses occurring for approximately fifteen minutes per pile. The probability for impact pile driving resulting from this proposed action masking acoustic signals important to the behavior and survival of marine mammal species is likely to be negligible. Vibratory pile driving is also relatively short-term, with rapid oscillations occurring for approximately one and a half hours per pile. It is possible that vibratory pile driving resulting from this proposed action may mask acoustic signals important to the behavior and survival of marine mammal species, but the short-term duration and limited affected area would result in insignificant impacts from masking. Any masking event that could possibly rise to Level B harassment under the MMPA would occur concurrently within the zones of behavioral harassment already estimated for vibratory and impact pile driving, and which have already been taken into account in the exposure analysis.

    Anticipated Effects on Habitat

    The proposed activities at NSM would not result in permanent impacts to habitats used directly by marine mammals, but may have potential short-term impacts to food sources such as forage fish and may affect acoustic habitat (see masking discussion above). There are no known foraging hotspots or other ocean bottom structure of significant biological importance to marine mammals present in the marine waters of the project area; however the surrounding areas may be foraging habitat for the dolphins. Therefore, the main impact issue associated with the proposed activity would be temporarily elevated sound levels and the associated direct effects on marine mammals, as discussed previously in this document. The most likely impact to marine mammal habitat occurs from pile driving effects on likely marine mammal prey (i.e., fish) within NSM and minor impacts to the immediate substrate during installation and removal of piles during the wharf construction project.

    Pile Driving Effects on Potential Prey (Fish)

    Construction activities may produce both pulsed (i.e., impact pile driving) and continuous (i.e., vibratory pile driving) sounds. Fish react to sounds which are especially strong and/or intermittent low-frequency sounds. Short duration, sharp sounds can cause overt or subtle changes in fish behavior and local distribution. Hastings and Popper (2005) identified several studies that suggest fish may relocate to avoid certain areas of sound energy. Additional studies have documented effects of pile driving (or other types of sounds) on fish, although several are based on studies in support of large, multiyear bridge construction projects (e.g., Scholik and Yan, 2001, 2002; Popper and Hastings, 2009). Sound pulses at received levels of 160 dB re 1 μPa may cause subtle changes in fish behavior. SPLs of 180 dB may cause noticeable changes in behavior (Pearson et al., 1992; Skalski et al., 1992). SPLs of sufficient strength have been known to cause injury to fish and fish mortality. The most likely impact to fish from pile driving activities at the project area would be temporary behavioral avoidance of the area. The duration of fish avoidance of this area after pile driving stops is unknown, but a rapid return to normal recruitment, distribution and behavior is anticipated. In general, impacts to marine mammal prey species are expected to be minor and temporary due to the short timeframe for the project.

    Pile Driving Effects on Potential Foraging Habitat

    The area likely impacted by the project is relatively small compared to the available habitat in nearshore and estuarine waters in the region. Avoidance by potential prey (i.e., fish) of the immediate area due to the temporary loss of this foraging habitat is also possible. The duration of fish avoidance of this area after pile driving stops is unknown, but a rapid return to normal recruitment, distribution and behavior is anticipated. Any behavioral avoidance by fish of the disturbed area would still leave significantly large areas of fish and marine mammal foraging habitat in the nearby vicinity.

    In summary, given the short daily duration of sound associated with individual pile driving events and the relatively small areas being affected, pile driving activities associated with the proposed action are not likely to have a permanent, adverse effect on any fish habitat, or populations of fish species. Therefore, pile driving is not likely to have a permanent, adverse effect on marine mammal foraging habitat at the project area. The Mayport turning basin itself is a man-made basin with significant levels of industrial activity and regular dredging, and is unlikely to harbor significant amounts of forage fish. Thus, any impacts to marine mammal habitat are not expected to cause significant or long-term consequences for individual marine mammals or their populations.

    Proposed Mitigation

    In order to issue an IHA under section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods of taking pursuant to such activity, and other means of effecting the least practicable impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for taking for certain subsistence uses.

    Measurements from similar pile driving events were coupled with practical spreading loss to estimate zones of influence (ZOI; see Estimated Take by Incidental Harassment); these values were used to develop mitigation measures for pile driving activities at NSM. The ZOIs effectively represent the mitigation zone that would be established around each pile to prevent Level A harassment to marine mammals, while providing estimates of the areas within which Level B harassment might occur. In addition to the specific measures described later in this section, the Navy would conduct briefings between construction supervisors and crews, marine mammal monitoring team, and Navy staff prior to the start of all pile driving activity, and when new personnel join the work, in order to explain responsibilities, communication procedures, marine mammal monitoring protocol, and operational procedures.

    Monitoring and Shutdown for Pile Driving

    The following measures would apply to the Navy's mitigation through shutdown and disturbance zones:

    Shutdown Zone—For all pile driving activities, the Navy will establish a shutdown zone intended to contain the area in which SPLs equal or exceed the 190 dB rms acoustic injury criteria. The purpose of a shutdown zone is to define an area within which shutdown of activity would occur upon sighting of a marine mammal (or in anticipation of an animal entering the defined area), thus preventing injury of marine mammals (as described previously under Potential Effects of the Specified Activity on Marine Mammals, serious injury or death are unlikely outcomes even in the absence of mitigation measures). Modeled radial distances for shutdown zones are shown in Table 3. However, a minimum shutdown zone of 15 m (which is larger than the maximum predicted injury zone) will be established during all pile driving activities, regardless of the estimated zone. Vibratory pile driving activities are not predicted to produce sound exceeding the 190-dB Level A harassment threshold, but these precautionary measures are intended to prevent the already unlikely possibility of physical interaction with construction equipment and to further reduce any possibility of acoustic injury. For impact driving of steel piles, if necessary, the radial distance of the shutdown would be established at 40 m.

    Disturbance Zone—Disturbance zones are the areas in which SPLs equal or exceed 160 and 120 dB rms (for impulse and continuous sound, respectively). Disturbance zones provide utility for monitoring conducted for mitigation purposes (i.e., shutdown zone monitoring) by establishing monitoring protocols for areas adjacent to the shutdown zones. Monitoring of disturbance zones enables observers to be aware of and communicate the presence of marine mammals in the project area but outside the shutdown zone and thus prepare for potential shutdowns of activity. However, the primary purpose of disturbance zone monitoring is for documenting incidents of Level B harassment; disturbance zone monitoring is discussed in greater detail later (see Proposed Monitoring and Reporting). Nominal radial distances for disturbance zones are shown in Table 3. Given the size of the disturbance zone for vibratory pile driving, it is impossible to guarantee that all animals would be observed or to make comprehensive observations of fine-scale behavioral reactions to sound, and only a portion of the zone (e.g., what may be reasonably observed by visual observers stationed within the turning basin) would be observed.

    In order to document observed incidents of harassment, monitors record all marine mammal observations, regardless of location. The observer's location, as well as the location of the pile being driven, is known from a GPS. The location of the animal is estimated as a distance from the observer, which is then compared to the location from the pile. It may then be estimated whether the animal was exposed to sound levels constituting incidental harassment on the basis of predicted distances to relevant thresholds in post-processing of observational and acoustic data, and a precise accounting of observed incidences of harassment created. This information may then be used to extrapolate observed takes to reach an approximate understanding of actual total takes.

    Monitoring Protocols—Monitoring would be conducted before, during, and after pile driving activities. In addition, observers shall record all incidents of marine mammal occurrence, regardless of distance from activity, and shall document any behavioral reactions in concert with distance from piles being driven. Observations made outside the shutdown zone will not result in shutdown; that pile segment would be completed without cessation, unless the animal approaches or enters the shutdown zone, at which point all pile driving activities would be halted. Monitoring will take place from fifteen minutes prior to initiation through thirty minutes post-completion of pile driving activities. Pile driving activities include the time to install or remove a single pile or series of piles, as long as the time elapsed between uses of the pile driving equipment is no more than thirty minutes. Please see the Monitoring Plan (www.nmfs.noaa.gov/pr/permits/incidental/construction.htm), developed by the Navy in agreement with NMFS, for full details of the monitoring protocols.

    The following additional measures apply to visual monitoring:

    (1) Monitoring will be conducted by qualified observers, who will be placed at the best vantage point(s) practicable to monitor for marine mammals and implement shutdown/delay procedures when applicable by calling for the shutdown to the hammer operator. Qualified observers are typically trained biologists, with the following minimum qualifications:

    • Visual acuity in both eyes (correction is permissible) sufficient for discernment of moving targets at the water's surface with ability to estimate target size and distance; use of binoculars may be necessary to correctly identify the target;

    • Experience and ability to conduct field observations and collect data according to assigned protocols (this may include academic experience);

    • Experience or training in the field identification of marine mammals, including the identification of behaviors;

    • Sufficient training, orientation, or experience with the construction operation to provide for personal safety during observations;

    • Writing skills sufficient to prepare a report of observations including but not limited to the number and species of marine mammals observed; dates and times when in-water construction activities were conducted; dates and times when in-water construction activities were suspended to avoid potential incidental injury from construction sound of marine mammals observed within a defined shutdown zone; and marine mammal behavior; and

    • Ability to communicate orally, by radio or in person, with project personnel to provide real-time information on marine mammals observed in the area as necessary.

    (2) Prior to the start of pile driving activity, the shutdown zone will be monitored for fifteen minutes to ensure that it is clear of marine mammals. Pile driving will only commence once observers have declared the shutdown zone clear of marine mammals; animals will be allowed to remain in the shutdown zone (i.e., must leave of their own volition) and their behavior will be monitored and documented. The shutdown zone may only be declared clear, and pile driving started, when the entire shutdown zone is visible (i.e., when not obscured by dark, rain, fog, etc.). In addition, if such conditions should arise during impact pile driving that is already underway, the activity would be halted.

    (3) If a marine mammal approaches or enters the shutdown zone during the course of pile driving operations, activity will be halted and delayed until either the animal has voluntarily left and been visually confirmed beyond the shutdown zone or fifteen minutes have passed without re-detection of the animal. Monitoring will be conducted throughout the time required to drive a pile.

    Soft Start

    The use of a soft start procedure is believed to provide additional protection to marine mammals by warning or providing a chance to leave the area prior to the hammer operating at full capacity, and typically involves a requirement to initiate sound from the hammer at reduced energy followed by a waiting period. This procedure is repeated two additional times. It is difficult to specify the reduction in energy for any given hammer because of variation across drivers and, for impact hammers, the actual number of strikes at reduced energy will vary because operating the hammer at less than full power results in “bouncing” of the hammer as it strikes the pile, resulting in multiple “strikes.” For impact driving, we require an initial set of three strikes from the impact hammer at reduced energy, followed by a thirty-second waiting period, then two subsequent three strike sets. Soft start will be required at the beginning of each day's impact pile driving work and at any time following a cessation of impact pile driving of thirty minutes or longer.

    We have carefully evaluated the Navy's proposed mitigation measures and considered their effectiveness in past implementation to preliminarily determine whether they are likely to effect the least practicable impact on the affected marine mammal species and stocks and their habitat. Our evaluation of potential measures included consideration of the following factors in relation to one another: (1) The manner in which, and the degree to which, the successful implementation of the measure is expected to minimize adverse impacts to marine mammals, (2) the proven or likely efficacy of the specific measure to minimize adverse impacts as planned; and (3) the practicability of the measure for applicant implementation.

    Any mitigation measure(s) we prescribe should be able to accomplish, have a reasonable likelihood of accomplishing (based on current science), or contribute to the accomplishment of one or more of the general goals listed below:

    (1) Avoidance or minimization of injury or death of marine mammals wherever possible (goals 2, 3, and 4 may contribute to this goal).

    (2) A reduction in the number (total number or number at biologically important time or location) of individual marine mammals exposed to stimuli expected to result in incidental take (this goal may contribute to 1, above, or to reducing takes by behavioral harassment only).

    (3) A reduction in the number (total number or number at biologically important time or location) of times any individual marine mammal would be exposed to stimuli expected to result in incidental take (this goal may contribute to 1, above, or to reducing takes by behavioral harassment only).

    (4) A reduction in the intensity of exposure to stimuli expected to result in incidental take (this goal may contribute to 1, above, or to reducing the severity of behavioral harassment only).

    (5) Avoidance or minimization of adverse effects to marine mammal habitat, paying particular attention to the prey base, blockage or limitation of passage to or from biologically important areas, permanent destruction of habitat, or temporary disturbance of habitat during a biologically important time.

    (6) For monitoring directly related to mitigation, an increase in the probability of detecting marine mammals, thus allowing for more effective implementation of the mitigation.

    Based on our evaluation of the Navy's proposed measures, as well as any other potential measures that may be relevant to the specified activity, we have preliminarily determined that the proposed mitigation measures provide the means of effecting the least practicable impact on marine mammal species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance.

    Proposed Monitoring and Reporting

    In order to issue an IHA for an activity, section 101(a)(5)(D) of the MMPA states that NMFS must set forth “requirements pertaining to the monitoring and reporting of such taking.” The MMPA implementing regulations at 50 CFR 216.104(a)(13) indicate that requests for incidental take authorizations must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present in the proposed action area.

    Any monitoring requirement we prescribe should improve our understanding of one or more of the following:

    • Occurrence of marine mammal species in action area (e.g., presence, abundance, distribution, density).

    • Nature, scope, or context of likely marine mammal exposure to potential stressors/impacts (individual or cumulative, acute or chronic), through better understanding of: (1) Action or environment (e.g., source characterization, propagation, ambient noise); (2) Affected species (e.g., life history, dive patterns); (3) Co-occurrence of marine mammal species with the action; or (4) Biological or behavioral context of exposure (e.g., age, calving or feeding areas).

    • Individual responses to acute stressors, or impacts of chronic exposures (behavioral or physiological).

    • How anticipated responses to stressors impact either: (1) Long-term fitness and survival of an individual; or (2) Population, species, or stock.

    • Effects on marine mammal habitat and resultant impacts to marine mammals.

    • Mitigation and monitoring effectiveness.

    The Navy's proposed monitoring and reporting is also described in their Marine Mammal Monitoring Plan, on the Internet at www.nmfs.noaa.gov/pr/permits/incidental/construction.htm.

    Visual Marine Mammal Observations

    The Navy will collect sighting data and behavioral responses to construction for marine mammal species observed in the region of activity during the period of activity. All observers (MMOs) will be trained in marine mammal identification and behaviors and are required to have no other construction-related tasks while conducting monitoring. The Navy will monitor the shutdown zone and disturbance zone before, during, and after pile driving, with observers located at the best practicable vantage points. Based on our requirements, the Navy would implement the following procedures for pile driving:

    • MMOs would be located at the best vantage point(s) in order to properly see the entire shutdown zone and as much of the disturbance zone as possible.

    • During all observation periods, observers will use binoculars and the naked eye to search continuously for marine mammals.

    • If the shutdown zones are obscured by fog or poor lighting conditions, pile driving at that location will not be initiated until that zone is visible. Should such conditions arise while impact driving is underway, the activity would be halted.

    • The shutdown and disturbance zones around the pile will be monitored for the presence of marine mammals before, during, and after any pile driving or removal activity.

    Individuals implementing the monitoring protocol will assess its effectiveness using an adaptive approach. The monitoring biologists will use their best professional judgment throughout implementation and seek improvements to these methods when deemed appropriate. Any modifications to protocol will be coordinated between NMFS and the Navy.

    Data Collection

    We require that observers use approved data forms. Among other pieces of information, the Navy will record detailed information about any implementation of shutdowns, including the distance of animals to the pile and description of specific actions that ensued and resulting behavior of the animal, if any. In addition, the Navy will attempt to distinguish between the number of individual animals taken and the number of incidences of take. We require that, at a minimum, the following information be collected on the sighting forms:

    • Date and time that monitored activity begins or ends;

    • Construction activities occurring during each observation period;

    • Weather parameters (e.g., percent cover, visibility);

    • Water conditions (e.g., sea state, tide state);

    • Species, numbers, and, if possible, sex and age class of marine mammals;

    • Description of any observable marine mammal behavior patterns, including bearing and direction of travel, and if possible, the correlation to SPLs;

    • Distance from pile driving activities to marine mammals and distance from the marine mammals to the observation point;

    • Description of implementation of mitigation measures (e.g., shutdown or delay);

    • Locations of all marine mammal observations; and

    • Other human activity in the area.

    Reporting

    A draft report would be submitted to NMFS within 90 days of the completion of marine mammal monitoring, or sixty days prior to the requested date of issuance of any future IHA for projects at the same location, whichever comes first. The report will include marine mammal observations pre-activity, during-activity, and post-activity during pile driving days, and will also provide descriptions of any behavioral responses to construction activities by marine mammals and a complete description of all mitigation shutdowns and the results of those actions and an extrapolated total take estimate based on the number of marine mammals observed during the course of construction. A final report must be submitted within thirty days following resolution of comments on the draft report.

    Estimated Take by Incidental Harassment

    Except with respect to certain activities not pertinent here, section 3(18) of the MMPA defines “harassment” as: “. . . any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment].”

    All anticipated takes would be by Level B harassment resulting from vibratory and impact pile driving and involving temporary changes in behavior. The proposed mitigation and monitoring measures are expected to minimize the possibility of injurious or lethal takes such that take by Level A harassment, serious injury, or mortality is considered discountable. However, it is unlikely that injurious or lethal takes would occur even in the absence of the planned mitigation and monitoring measures.

    If a marine mammal responds to a stimulus by changing its behavior (e.g., through relatively minor changes in locomotion direction/speed or vocalization behavior), the response may or may not constitute taking at the individual level, and is unlikely to affect the stock or the species as a whole. However, if a sound source displaces marine mammals from an important feeding or breeding area for a prolonged period, impacts on animals or on the stock or species could potentially be significant (e.g., Lusseau and Bejder, 2007; Weilgart, 2007). Given the many uncertainties in predicting the quantity and types of impacts of sound on marine mammals, it is common practice to estimate how many animals are likely to be present within a particular distance of a given activity, or exposed to a particular level of sound. In practice, depending on the amount of information available to characterize daily and seasonal movement and distribution of affected marine mammals, it can be difficult to distinguish between the number of individuals harassed and the instances of harassment and, when duration of the activity is considered, it can result in a take estimate that overestimates the number of individuals harassed. In particular, for stationary activities, it is more likely that some smaller number of individuals may accrue a number of incidences of harassment per individual than for each incidence to accrue to a new individual, especially if those individuals display some degree of residency or site fidelity and the impetus to use the site (e.g., because of foraging opportunities) is stronger than the deterrence presented by the harassing activity.

    The turning basin is not considered important habitat for marine mammals, as it is a man-made, semi-enclosed basin with frequent industrial activity and regular maintenance dredging. The surrounding waters may be an important foraging habitat for the dolphins; however the small area of ensonification does not extend outside of the turning basin and into this foraging habitat (see Figure 6-1 in the Navy's application). Therefore, behavioral disturbances that could result from anthropogenic sound associated with these activities are expected to affect only a relatively small number of individual marine mammals that may venture near the turning basin, although those effects could be recurring over the life of the project if the same individuals remain in the project vicinity. The Navy has requested authorization for the incidental taking of small numbers of bottlenose dolphins in the Mayport turning basin that may result from pile driving during construction activities associated with the project described previously in this document.

    In order to estimate the potential incidents of take that may occur incidental to the specified activity, we must first estimate the extent of the sound field that may be produced by the activity and then consider in combination with information about marine mammal density or abundance in the project area. We first provide information on applicable sound thresholds for determining effects to marine mammals before describing the information used in estimating the sound fields, the available marine mammal density or abundance information, and the method of estimating potential incidents of take.

    Sound Thresholds

    We use generic sound exposure thresholds to determine when an activity that produces sound might result in impacts to a marine mammal such that a take by harassment might occur. To date, no studies have been conducted that explicitly examine impacts to marine mammals from pile driving sounds or from which empirical sound thresholds have been established. These thresholds (Table 2) are used to estimate when harassment may occur (i.e., when an animal is exposed to levels equal to or exceeding the relevant criterion) in specific contexts; however, useful contextual information that may inform our assessment of effects is typically lacking and we consider these thresholds as step functions. NMFS is working to revise these acoustic guidelines; for more information on that process, please visit www.nmfs.noaa.gov/pr/acoustics/guidelines.htm.

    Table 2—Current Acoustic Exposure Criteria Criterion Definition Threshold Level A harassment (underwater) Injury (PTS—any level above that which is known to cause TTS) 180 dB (cetaceans)/190 dB (pinnipeds) (rms). Level B harassment (underwater) Behavioral disruption 160 dB (impulsive source)/120 dB (continuous source) (rms). Level B harassment (airborne) Behavioral disruption 90 dB (harbor seals)/100 dB (other pinnipeds) (unweighted). Distance to Sound Thresholds

    Underwater Sound Propagation Formula—Pile driving generates underwater noise that can potentially result in disturbance to marine mammals in the project area. Transmission loss (TL) is the decrease in acoustic intensity as an acoustic pressure wave propagates out from a source. TL parameters vary with frequency, temperature, sea conditions, current, source and receiver depth, water depth, water chemistry, and bottom composition and topography. The general formula for underwater TL is:

    TL = B * log10(R1/R2), Where: R1 = the distance of the modeled SPL from the driven pile, and R2 = the distance from the driven pile of the initial measurement.

    This formula neglects loss due to scattering and absorption, which is assumed to be zero here. The degree to which underwater sound propagates away from a sound source is dependent on a variety of factors, most notably the water bathymetry and presence or absence of reflective or absorptive conditions including in-water structures and sediments. Spherical spreading occurs in a perfectly unobstructed (free-field) environment not limited by depth or water surface, resulting in a 6 dB reduction in sound level for each doubling of distance from the source (20*log[range]). Cylindrical spreading occurs in an environment in which sound propagation is bounded by the water surface and sea bottom, resulting in a reduction of 3 dB in sound level for each doubling of distance from the source (10*log[range]). A practical spreading value of fifteen is often used under conditions, such as at the NSM turning basin, where water increases with depth as the receiver moves away from the shoreline, resulting in an expected propagation environment that would lie between spherical and cylindrical spreading loss conditions. Practical spreading loss (4.5 dB reduction in sound level for each doubling of distance) is assumed here.

    Underwater Sound—The intensity of pile driving sounds is greatly influenced by factors such as the type of piles, hammers, and the physical environment in which the activity takes place. A number of studies, primarily on the west coast, have measured sound produced during underwater pile driving projects. However, these data are largely for impact driving of steel pipe piles and concrete piles as well as vibratory driving of steel pipe piles. Vibratory driving of steel sheet piles was monitored during the first year of construction at the nearby Wharf C-2 at Naval Station Mayport during 2015. Measurements were conducted from a small boat in the turning basin and from the construction barge itself. Details are available in DoN (2015). Source levels averaged 151 dB re 1 μPa rms (DoN, 2015). No impact driving was measured at this location; therefore, proxy levels for impact driving have been calculated from other available source levels.

    In order to determine reasonable SPLs and their associated effects on marine mammals that are likely to result from impact pile driving at NSM, we considered existing measurements from similar physical environments (sandy sediments and water depths greater than 15 ft) for impact and vibratory driving of 24-in steel pipe piles and for steel sheet piles. These studies, largely conducted by the Washington State Department of Transportation and the California Department of Transportation, show typical values around 160 dB for vibratory driving of 24-in pipe piles and sheet piles, and around 185-195 dB for impact driving of similar pipe piles (all measured at 10 m; e.g., Laughlin, 2005a, 2005b; Illingworth and Rodkin, 2010, 2012, 2013; CalTrans, 2012). For impact driving of sheet piles a proxy source value of 189 dB (CalTrans, 2012) was selected for use in acoustic modeling based on similarity to the physical environment at NSM and because of the measurement location in mid-water column. All calculated distances to and the total area encompassed by the marine mammal sound thresholds are provided in Table 3.

    Table 3—Distances to Relevant Underwater Sound Thresholds and Areas of Ensonification Pile type Method Threshold Distance
  • (m) 1
  • Area
  • (sq km2)
  • Steel sheet piles Vibratory Level A harassment (180 dB)
  • Level B harassment (120 dB)
  • 0
  • 1,166
  • 0
  • 0.614439
  • Impact Level A harassment (180 dB)
  • Level B harassment (160 dB)
  • 40
  • 858
  • 0.002
  • 0.51
  • 1 Areas presented take into account attenuation and/or shadowing by land. Calculated distances to relevant thresholds cannot be reached in most directions form source piles. Please see Figures 6-1 and 6-2 in the Navy's application.

    The Mayport turning basin does not represent open water, or free field, conditions. Therefore, sounds would attenuate as per the confines of the basin, and may only reach the full estimated distances to the harassment thresholds via the narrow, east-facing entrance channel. Distances shown in Table 3 are estimated for free-field conditions, but areas are calculated per the actual conditions of the action area. See Figures 6-1 and 6-2 of the Navy's application for a depiction of areas in which each underwater sound threshold is predicted to occur at the project area due to pile driving.

    Marine Mammal Densities

    For all species, the best scientific information available was considered for use in the marine mammal take assessment calculations. Density for bottlenose dolphins is derived from site-specific surveys conducted by the Navy (see Appendix C of the Navy's application for more information); it is not currently possible to identify observed individuals to stock. This survey effort consists of 24 half-day observation periods covering mornings and afternoons during four seasons (December 10-13, 2012, March 4-7, 2013, June 3-6, 2013, and September 9-12, 2013). During each observation period, two observers (a primary observer at an elevated observation point and a secondary observer at ground level) monitored for the presence of marine mammals in the turning basin (0.712 km2) and an additional grid east of the basin entrance. Observers tracked marine mammal movements and behavior within the observation area, with observations recorded for five-minute intervals every half-hour. Morning sessions typically ran from 7:00-11:30 and afternoon sessions from 1:00 to 5:30.

    Most observations of bottlenose dolphins were of individuals or pairs, although larger groups were occasionally observed (median number of dolphins observed ranged from 1-3.5 across seasons). Densities were calculated using observational data from the primary observer supplemented with data from the secondary observer for grids not visible by the primary observer. Season-specific density was then adjusted by applying a correction factor for observer error (i.e., perception bias). The seasonal densities range from 1.98603 (winter) to 4.15366 (summer) dolphins/km2. We conservatively use the largest density value to assess take, as the Navy does not have specific information about when in-water work may occur during the proposed period of validity.

    Description of Take Calculation

    The following assumptions are made when estimating potential incidents of take:

    • All marine mammal individuals potentially available are assumed to be present within the relevant area, and thus incidentally taken;

    • An individual can only be taken once during a 24-h period; and,

    • There will be 110 total days of vibratory driving (seventy three days in phase I and thirty seven days in phase II) and twenty days of impact pile driving.

    • Exposures to sound levels at or above the relevant thresholds equate to take, as defined by the MMPA.

    The estimation of marine mammal takes typically uses the following calculation:

    Exposure estimate = (n * ZOI) * days of total activity Where: n = density estimate used for each species/season ZOI = sound threshold ZOI area; the area encompassed by all locations where the SPLs equal or exceed the threshold being evaluated n * ZOI produces an estimate of the abundance of animals that could be present in the area for exposure, and is rounded to the nearest whole number before multiplying by days of total activity.

    The ZOI impact area is estimated using the relevant distances in Table 3, taking into consideration the possible affected area with attenuation due to the constraints of the basin. Because the basin restricts sound from propagating outward, with the exception of the east-facing entrance channel, the radial distances to thresholds are not generally reached.

    There are a number of reasons why estimates of potential incidents of take may be conservative, assuming that available density or abundance estimates and estimated ZOI areas are accurate. We assume, in the absence of information supporting a more refined conclusion, that the output of the calculation represents the number of individuals that may be taken by the specified activity. In fact, in the context of stationary activities such as pile driving and in areas where resident animals may be present, this number more realistically represents the number of incidents of take that may accrue to a smaller number of individuals. While pile driving can occur any day throughout the in-water work window, and the analysis is conducted on a per day basis, only a fraction of that time (typically a matter of hours on any given day) is actually spent pile driving. The potential effectiveness of mitigation measures in reducing the number of takes is typically not quantified in the take estimation process. For these reasons, these take estimates may be conservative.

    The quantitative exercise described above indicates that no incidents of Level A harassment would be expected, independent of the implementation of required mitigation measures. See Table 4 for total estimated incidents of take.

    Table 4—Calculations for Incidental Take Estimation Species n
  • (animals/km2)
  • Activity n * ZOI 1 Proposed
  • authorized takes 2
  • Phase I (73 days) Bottlenose dolphin 3 4.15366 Vibratory driving 3 219 Phase II (37 days) Bottlenose dolphin 3 4.15366 Vibratory driving 3 111 Contingency impact driving (20 days) Bottlenose dolphin 3 4.15366 Impact driving 1 40 Total exposures 370 1 See Table 3 for relevant ZOIs. The product of this calculation is rounded to the nearest whole number. 2 The product of n * ZOI is multiplied by the total number of activity-specific days to estimate the number of takes. 3 It is impossible to estimate from available information which stock these takes may accrue to.
    Analyses and Preliminary Determinations Negligible Impact Analysis

    NMFS has defined “negligible impact” in 50 CFR 216.103 as “. . . an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.” A negligible impact finding is based on the lack of likely adverse effects on annual rates of recruitment or survival (i.e., population-level effects). An estimate of the number of Level B harassment takes alone is not enough information on which to base an impact determination. In addition to considering estimates of the number of marine mammals that might be “taken” through behavioral harassment, we consider other factors, such as the likely nature of any responses (e.g., intensity, duration), the context of any responses (e.g., critical reproductive time or location, migration), as well as the number and nature of estimated Level A harassment takes, the number of estimated mortalities, and effects on habitat.

    Pile driving activities associated with the wharf construction project, as outlined previously, have the potential to disturb or displace marine mammals. Specifically, the specified activities may result in take, in the form of Level B harassment (behavioral disturbance) only, from underwater sounds generated from pile driving. Potential takes could occur if individuals of these species are present in the ensonified zone when pile driving is happening.

    No injury, serious injury, or mortality is anticipated given the nature of the activities and measures designed to minimize the possibility of injury to marine mammals. The potential for these outcomes is minimized through the construction method and the implementation of the planned mitigation measures. Specifically, vibratory hammers will be the primary method of installation (impact driving is included only as a contingency and is not expected to be required), and this activity does not have the potential to cause injury to marine mammals due to the relatively low source levels produced (less than 180 dB) and the lack of potentially injurious source characteristics. Impact pile driving produces short, sharp pulses with higher peak levels and much sharper rise time to reach those peaks. If impact driving is necessary, implementation of soft start and shutdown zones significantly reduces any possibility of injury. Given sufficient “notice” through use of soft start (for impact driving), marine mammals are expected to move away from a sound source that is annoying prior to it becoming potentially injurious. Environmental conditions in the confined and protected Mayport turning basin mean that marine mammal detection ability by trained observers is high, enabling a high rate of success in implementation of shutdowns to avoid injury.

    Effects on individuals that are taken by Level B harassment, on the basis of reports in the literature as well as monitoring from other similar activities, will likely be limited to reactions such as increased swimming speeds, increased surfacing time, or decreased foraging (if such activity were occurring) (e.g., Thorson and Reyff, 2006; HDR, Inc., 2012). Most likely, individuals will simply move away from the sound source and be temporarily displaced from the areas of pile driving, although even this reaction has been observed primarily only in association with impact pile driving. The pile driving activities analyzed here are similar to, or less impactful than, numerous other construction activities conducted in San Francisco Bay and in the Puget Sound region, which have taken place with no reported injuries or mortality to marine mammals, and no known long-term adverse consequences from behavioral harassment. These activities are also nearly identical to the pile driving activities that took place at Wharf C-2 at NSM, which also reported zero injuries or mortality to marine mammals and no known long-term adverse consequences from behavioral harassment. Repeated exposures of individuals to levels of sound that may cause Level B harassment are unlikely to result in hearing impairment or to significantly disrupt foraging behavior. Thus, even repeated Level B harassment of some small subset of the overall stock is unlikely to result in any significant realized decrease in viability for the affected individuals, and thus would not result in any adverse impact to the stock as a whole. Level B harassment will be reduced to the level of least practicable impact through use of mitigation measures described herein and, if sound produced by project activities is sufficiently disturbing, animals are likely to simply avoid the turning basin while the activity is occurring.

    In summary, this negligible impact analysis is founded on the following factors: (1) The possibility of injury, serious injury, or mortality may reasonably be considered discountable; (2) the anticipated incidents of Level B harassment consist of, at worst, temporary modifications in behavior; (3) the absence of any significant habitat within the project area, including known areas or features of special significance for foraging or reproduction; (4) the presumed efficacy of the proposed mitigation measures in reducing the effects of the specified activity to the level of least practicable impact. In addition, these stocks are not listed under the ESA, although coastal bottlenose dolphins are designated as depleted under the MMPA. In combination, we believe that these factors, as well as the available body of evidence from other similar activities, demonstrate that the potential effects of the specified activity will have only short-term effects on individuals. The specified activity is not expected to impact rates of recruitment or survival and will therefore not result in population-level impacts.

    Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the proposed monitoring and mitigation measures, we preliminarily find that the total marine mammal take from the Navy's wharf construction activities will have a negligible impact on the affected marine mammal species or stocks.

    Small Numbers Analysis

    As described previously, of the 370 incidents of behavioral harassment predicted to occur for bottlenose dolphin, we have no information allowing us to parse those predicted incidents amongst the three stocks of bottlenose dolphin that may occur in the project area. Therefore, we assessed the total number of predicted incidents of take against the best abundance estimate for each stock, as though the total would occur for the stock in question. For one of the bottlenose dolphin stocks, the total predicted number of incidents of take authorized would be considered small—approximately four percent for the southern migratory stock- even if each estimated taking occurred to a new individual. This is an extremely unlikely scenario as, for bottlenose dolphins in estuarine and nearshore waters, there is likely to be some overlap in individuals present day-to-day.

    The total number of authorized takes proposed for bottlenose dolphins, if assumed to accrue solely to new individuals of the JES or northern Florida coastal stocks, is higher relative to the total stock abundance, which is currently considered unknown for the JES stock and is 1,219 for the northern Florida coastal stock. However, these numbers represent the estimated incidents of take, not the number of individuals taken. That is, it is highly likely that a relatively small subset of these bottlenose dolphins would be harassed by project activities.

    JES bottlenose dolphins range from Cumberland Sound at the Georgia-Florida border south to approximately Palm Coast, Florida, an area spanning over 120 linear km of coastline and including habitat consisting of complex inshore and estuarine waterways. JES dolphins, divided by Caldwell (2001) into Northern and Southern groups, show strong site fidelity and, although members of both groups have been observed outside their preferred areas, it is likely that the majority of JES dolphins would not occur within waters ensonified by project activities.

    In the western North Atlantic, the Northern Florida Coastal Stock is present in coastal Atlantic waters from the Georgia/Florida border south to 29.4° N. (Waring et al., 2014), a span of more than 90 miles. There is no obvious boundary defining the offshore extent of this stock. They occur in waters less than 20 m deep; however, they may also occur in lower densities over the continental shelf (waters between 20 m and 100 m depth) and overlap spatially with the offshore morphotype (Waring et al., 2014).

    In summary, JES dolphins are known to form two groups and exhibit strong site fidelity (i.e., individuals do not generally range throughout the recognized overall JES stock range); and neither stock is expected to occur at all in a significant portion of the larger ZOI, which is almost entirely confined within NSM. Given that the specified activity will be stationary within an enclosed basin not recognized as an area of any special significance that would serve to attract or aggregate dolphins, we therefore believe that the estimated numbers of takes, were they to occur, likely represent repeated exposures of a much smaller number of bottlenose dolphins and that these estimated incidents of take represent small numbers of bottlenose dolphins.

    Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the mitigation and monitoring measures, we preliminarily find that small numbers of marine mammals will be taken relative to the populations of the affected species or stocks.

    Impact on Availability of Affected Species for Taking for Subsistence Uses

    There are no relevant subsistence uses of marine mammals implicated by this action. Therefore, we have determined that the total taking of affected species or stocks would not have an unmitigable adverse impact on the availability of such species or stocks for taking for subsistence purposes.

    Endangered Species Act (ESA)

    No marine mammal species listed under the ESA are expected to be affected by these activities. Therefore, we have determined that section 7 consultation under the ESA is not required.

    National Environmental Policy Act (NEPA)

    The Navy has prepared a Draft Environmental Assessment (EA; Environmental Assessment for the Wharf Bravo Recapitalization at Naval Station Mayport, Jacksonville, FL) in accordance with NEPA and the regulations published by the Council on Environmental Quality. We have posted it on the NMFS Web site (see SUPPLEMENTARY INFORMATION) concurrently with the publication of this proposed IHA. NMFS will independently evaluate the EA and determine whether or not to adopt it. We may prepare a separate NEPA analysis and incorporate relevant portions of the Navy's EA by reference. Information in the Navy's application, EA, and this notice collectively provide the environmental information related to proposed issuance of the IHA for public review and comment. We will review all comments submitted in response to this notice as we complete the NEPA process, including a decision of whether to sign a Finding of No Significant Impact (FONSI), prior to a final decision on the IHA request. The 2015 NEPA documents are available for review at www.nmfs.noaa.gov/pr/permits/incidental/construction.htm.

    Proposed Authorization

    As a result of these preliminary determinations, we propose to authorize the take of marine mammals incidental to the Navy's Bravo wharf recapitalization project, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. Specific language from the proposed IHA is provided next.

    This section contains a draft of the IHA. The wording contained in this section is proposed for inclusion in the IHA (if issued).

    1. This Incidental Harassment Authorization (IHA) is valid for one year from the date of issuance.

    2. This IHA is valid only for pile driving activities associated with the Bravo Wharf Recapitalization Project at Naval Station Mayport, Florida.

    3. General Conditions

    (a) A copy of this IHA must be in the possession of the Navy, its designees, and work crew personnel operating under the authority of this IHA.

    (b) The species authorized for taking is the bottlenose dolphin (Tursiops truncatus).

    (c) The taking, by Level B harassment only, is limited to the species listed in condition 3(b). See Table 1 for numbers of take authorized.

    Table 1—Authorized Take Numbers Species Authorized take Phase I Phase II Contingency
  • impact driving
  • Bottlenose dolphin 219 111 40

    (d) The taking by injury (Level A harassment), serious injury, or death of the species listed in condition 3(b) of the Authorization or any taking of any other species of marine mammal is prohibited and may result in the modification, suspension, or revocation of this IHA.

    (e) The Navy shall conduct briefings between construction supervisors and crews, marine mammal monitoring team, and Navy staff prior to the start of all pile driving activity, and when new personnel join the work, in order to explain responsibilities, communication procedures, marine mammal monitoring protocol, and operational procedures.

    4. Mitigation Measures

    The holder of this Authorization is required to implement the following mitigation measures:

    (a) For all pile driving, the Navy shall implement a minimum shutdown zone of 15 m radius around the pile. If a marine mammal comes within or approaches the shutdown zone, such operations shall cease. For impact driving of steel piles, the minimum shutdown zone shall be of 40 m radius.

    (b) The Navy shall establish monitoring locations as described below. Please also refer to the Marine Mammal Monitoring Plan (see www.nmfs.noaa.gov/pr/permits/incidental/construction.htm).

    i. For all pile driving activities, a minimum of two observers shall be deployed, with one positioned to achieve optimal monitoring of the shutdown zone and the second positioned to achieve optimal monitoring of surrounding waters of the turning basin, the entrance to that basin, and portions of the Atlantic Ocean. If practicable, the second observer should be deployed to an elevated position, preferably opposite Bravo Wharf and with clear sight lines to the wharf and out the entrance channel.

    ii. These observers shall record all observations of marine mammals, regardless of distance from the pile being driven, as well as behavior and potential behavioral reactions of the animals. Observations within the turning basin shall be distinguished from those in the entrance channel and nearshore waters of the Atlantic Ocean.

    iii. All observers shall be equipped for communication of marine mammal observations amongst themselves and to other relevant personnel (e.g., those necessary to effect activity delay or shutdown).

    (c) Monitoring shall take place from fifteen minutes prior to initiation of pile driving activity through thirty minutes post-completion of pile driving activity. Pre-activity monitoring shall be conducted for fifteen minutes to ensure that the shutdown zone is clear of marine mammals, and pile driving may commence when observers have declared the shutdown zone clear of marine mammals. In the event of a delay or shutdown of activity resulting from marine mammals in the shutdown zone, animals shall be allowed to remain in the shutdown zone (i.e., must leave of their own volition) and their behavior shall be monitored and documented. Monitoring shall occur throughout the time required to drive a pile. The shutdown zone must be determined to be clear during periods of good visibility (i.e., the entire shutdown zone and surrounding waters must be visible to the naked eye).

    (d) If a marine mammal approaches or enters the shutdown zone, all pile driving activities at that location shall be halted. If pile driving is halted or delayed due to the presence of a marine mammal, the activity may not commence or resume until either the animal has voluntarily left and been visually confirmed beyond the shutdown zone or fifteen minutes have passed without re-detection of the animal.

    (e) Monitoring shall be conducted by qualified observers, as described in the Monitoring Plan. Trained observers shall be placed from the best vantage point(s) practicable to monitor for marine mammals and implement shutdown or delay procedures when applicable through communication with the equipment operator. Observer training must be provided prior to project start and in accordance with the monitoring plan, and shall include instruction on species identification (sufficient to distinguish the species listed in 3(b)), description and categorization of observed behaviors and interpretation of behaviors that may be construed as being reactions to the specified activity, proper completion of data forms, and other basic components of biological monitoring, including tracking of observed animals or groups of animals such that repeat sound exposures may be attributed to individuals (to the extent possible).

    (f) The Navy shall use soft start techniques recommended by NMFS for impact pile driving. Soft start requires contractors to provide an initial set of strikes at reduced energy, followed by a thirty-second waiting period, then two subsequent reduced energy strike sets. Soft start shall be implemented at the start of each day's impact pile driving and at any time following cessation of impact pile driving for a period of thirty minutes or longer.

    (g) Pile driving shall only be conducted during daylight hours.

    5. Monitoring

    The holder of this Authorization is required to conduct marine mammal monitoring during pile driving activity. Marine mammal monitoring and reporting shall be conducted in accordance with the Monitoring Plan.

    (a) The Navy shall collect sighting data and behavioral responses to pile driving for marine mammal species observed in the region of activity during the period of activity. All observers shall be trained in marine mammal identification and behaviors, and shall have no other construction-related tasks while conducting monitoring.

    (b) For all marine mammal monitoring, the information shall be recorded as described in the Monitoring Plan.

    6. Reporting

    The holder of this Authorization is required to:

    (a) Submit a draft report on all monitoring conducted under the IHA within ninety days of the completion of marine mammal monitoring, or sixty days prior to the issuance of any subsequent IHA for projects at NSM, whichever comes first. A final report shall be prepared and submitted within thirty days following resolution of comments on the draft report from NMFS. This report must contain the informational elements described in the Monitoring Plan, at minimum (see www.nmfs.noaa.gov/pr/permits/incidental/construction.htm), and shall also include:

    i. Detailed information about any implementation of shutdowns, including the distance of animals to the pile and description of specific actions that ensued and resulting behavior of the animal, if any.

    ii. Description of attempts to distinguish between the number of individual animals taken and the number of incidents of take, such as ability to track groups or individuals.

    iii. An estimated total take estimate extrapolated from the number of marine mammals observed during the course of construction activities, if necessary.

    (b) Reporting injured or dead marine mammals:

    i. In the unanticipated event that the specified activity clearly causes the take of a marine mammal in a manner prohibited by this IHA, such as an injury (Level A harassment), serious injury, or mortality, Navy shall immediately cease the specified activities and report the incident to the Office of Protected Resources, NMFS, and the Southeast Regional Stranding Coordinator, NMFS. The report must include the following information:

    A. Time and date of the incident;

    B. Description of the incident;

    C. Environmental conditions (e.g., wind speed and direction, Beaufort sea state, cloud cover, and visibility);

    D. Description of all marine mammal observations in the 24 hours preceding the incident;

    E. Species identification or description of the animal(s) involved;

    F. Fate of the animal(s); and

    G. Photographs or video footage of the animal(s).

    Activities shall not resume until NMFS is able to review the circumstances of the prohibited take. NMFS will work with Navy to determine what measures are necessary to minimize the likelihood of further prohibited take and ensure MMPA compliance. Navy may not resume their activities until notified by NMFS.

    ii. In the event that Navy discovers an injured or dead marine mammal, and the lead observer determines that the cause of the injury or death is unknown and the death is relatively recent (e.g., in less than a moderate state of decomposition), Navy shall immediately report the incident to the Office of Protected Resources, NMFS, and the Southeast Regional Stranding Coordinator, NMFS.

    The report must include the same information identified in 6(b)(i) of this IHA. Activities may continue while NMFS reviews the circumstances of the incident. NMFS will work with Navy to determine whether additional mitigation measures or modifications to the activities are appropriate.

    iii. In the event that Navy discovers an injured or dead marine mammal, and the lead observer determines that the injury or death is not associated with or related to the activities authorized in the IHA (e.g., previously wounded animal, carcass with moderate to advanced decomposition, scavenger damage), Navy shall report the incident to the Office of Protected Resources, NMFS, and the Southeast Regional Stranding Coordinator, NMFS, within 24 hours of the discovery. Navy shall provide photographs or video footage or other documentation of the stranded animal sighting to NMFS.

    7. This Authorization may be modified, suspended or withdrawn if the holder fails to abide by the conditions prescribed herein, or if NMFS determines the authorized taking is having more than a negligible impact on the species or stock of affected marine mammals.

    Request for Public Comments

    We request comment on our analyses, the draft authorization, and any other aspect of this Notice of Proposed IHAs for Navy's wharf construction activities. Please include with your comments any supporting data or literature citations to help inform our final decision on Navy's request for an MMPA authorization.

    Dated: December 2, 2015. Perry F. Gayaldo, Deputy Director, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2015-30745 Filed 12-4-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE341 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Fisheries Research AGENCY:

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

    ACTION:

    Notice; receipt of application for Letters of Authorization; request for comments and information.

    SUMMARY:

    NMFS' Office of Protected Resources has received a request from the NMFS Pacific Islands Fisheries Science Center (PIFSC) for authorization to take small numbers of marine mammals incidental to conducting fisheries research, over the course of five years from the date of issuance. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of the PIFSC's request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on the PIFSC's application and request.

    DATES:

    Comments and information must be received no later than January 6, 2016.

    ADDRESSES:

    Comments on the applications should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. Physical comments should be sent to 1315 East-West Highway, Silver Spring, MD 20910 and electronic comments should be sent to [email protected]

    Instructions: NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments received electronically, including all attachments, must not exceed a 25-megabyte file size. Attachments to electronic comments will be accepted in Microsoft Word or Excel or Adobe PDF file formats only. All comments received are a part of the public record and will generally be posted to the Internet at www.nmfs.noaa.gov/pr/permits/incidental/research.htm without change. All personal identifying information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information.

    FOR FURTHER INFORMATION CONTACT:

    Ben Laws, Office of Protected Resources, NMFS, (301) 427-8401.

    SUPPLEMENTARY INFORMATION: Availability

    An electronic copy of the PIFSC's application may be obtained by visiting the Internet at: www.nmfs.noaa.gov/pr/permits/incidental/research.htm. The PIFSC is concurrently releasing a draft Environmental Assessment, prepared pursuant to requirements of the National Environmental Policy Act, for the conduct of their fisheries research. A copy of the draft EA, which would also support our proposed rulemaking under the MMPA, is available at the same Web site.

    Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs the Secretary of Commerce (Secretary) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) if certain findings are made and regulations are issued.

    Incidental taking shall be allowed if NMFS finds that the taking will have a negligible impact on the species or stock(s) affected and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses, and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such taking are set forth.

    NMFS has defined “negligible impact” in 50 CFR 216.103 as “an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.”

    Except with respect to certain activities not pertinent here, the MMPA defines “harassment” as: “any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment].”

    Summary of Request

    On November 30, 2015, NMFS received an adequate and complete application from the PIFSC requesting authorization for take of marine mammals incidental to fisheries research conducted by the PIFSC. The requested regulations would be valid for five years from the date of issuance. The PIFSC plans to conduct fisheries research surveys in multiple geographic regions within the Pacific Ocean, including Hawaii, Samoa, the Marianas, and the western and central Pacific broadly (including the Pacific Remote Island Area). It is possible that marine mammals may interact with fishing gear (e.g., trawls nets, longlines) used in PIFSC's fisheries research projects, resulting in injury, serious injury, or mortality. In addition, the PIFSC operates active acoustic devices that have the potential to disturb marine mammals. Because the specified activities have the potential to take marine mammals present within these action areas, the PIFSC requests authorization to take multiple species of marine mammal that may occur in these areas.

    Specified Activities

    The Federal Government has a responsibility to conserve and protect living marine resources in U.S. federal waters and has also entered into a number of international agreements and treaties related to the management of living marine resources in international waters outside the United States. NOAA has the primary responsibility for managing marine fin and shellfish species and their habitats, with that responsibility delegated within NOAA to NMFS.

    In order to direct and coordinate the collection of scientific information needed to make informed management decisions, Congress created six Regional Fisheries Science Centers, each a distinct organizational entity and the scientific focal point within NMFS for region-based federal fisheries-related research. This research is aimed at monitoring fish stock recruitment, abundance, survival and biological rates, geographic distribution of species and stocks, ecosystem process changes, and marine ecological research. The PIFSC is the research arm of NMFS in the Pacific Islands.

    Research is aimed at monitoring fish stock recruitment, survival and biological rates, abundance and geographic distribution of species and stocks, and providing other scientific information needed to improve our understanding of complex marine ecological processes. The PIFSC proposes to administer and conduct these survey programs over the five-year period.

    Information Solicited

    Interested persons may submit information, suggestions, and comments concerning the PIFSC's request (see ADDRESSES). NMFS will consider all information, suggestions, and comments related to the request during the development of proposed regulations governing the incidental taking of marine mammals by the PIFSC, if appropriate.

    Dated: December 2, 2015. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2015-30760 Filed 12-4-15; 8:45 am] BILLING CODE 3510-22-P
    COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Request for Public Comment on a Commercial Availability Request Under the U.S.-Morocco Free Trade Agreement December 7, 2015. AGENCY:

    Committee for the Implementation of Textile Agreements (CITA).

    ACTION:

    Request for public comments concerning a request for modification of the U.S.-Morocco Free Trade Agreement (USMFTA) rules of origin for 100% rayon woven fabric.

    SUMMARY:

    On November 16, 2015, the Government of the United States received a request from American Eagle Outfitters (AEO) to initiate consultations with the Government of Morocco under Article 4.3.3 of the USMFTA. AEO is requesting that the United States and Morocco consider revising the rules of origin for women's and girls' woven garments to address availability of supply of 100% rayon woven fabric in the territories of the Parties. The President may proclaim a modification to the USMFTA rules of origin for textile and apparel products after reaching an agreement with the Government of Morocco on the modification. CITA hereby solicits public comments on this request, in particular with regard to whether 100% rayon woven fabric of Harmonized Tariff Schedule of the United States (HTSUS) subheading 5408 can be supplied by the U.S. domestic industry in commercial quantities in a timely manner. Comments must be submitted by January 6, 2016 to the Chairman, Committee for the Implementation of Textile Agreements, Room 3001, United States Department of Commerce, Washington, DC 20230.

    FOR FURTHER INFORMATION CONTACT:

    Maria D'Andrea, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-1550.

    SUPPLEMENTARY INFORMATION: Authority:

    Section 203 (j)(2)(B)(i) of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note) (USMFTA Implementation Act); Executive Order 11651 of March 3, 1972, as amended.

    Background: Under the USMFTA, except as otherwise provided in the USMFTA, the Parties are required to progressively eliminate customs duties on originating goods in accordance with their schedules. See Article 2.3.2. The USMFTA provides that, on the request of either Party, the Parties shall consult to consider whether the rules of origin applicable to a particular textile or apparel good should be revised to address issues of availability of supply of fibers, yarns, or fabrics in the territories of the Parties. See Article 4.3.3 of the USMFTA. In the consultations, each Party must consider data presented by the other Party showing substantial production in its territory of a particular fiber, yarn, or fabric. Substantial production has been shown if domestic producers are capable of supplying commercial quantities of the fiber, yarn, or fabric in a timely manner. See Article 4.3.4 of the USMFTA.

    The USMFTA Implementation Act provides the President with the authority to proclaim as part of the HTSUS, modifications to the USMFTA rules of origin set out in Annex 4-A of the USMFTA as are necessary to implement the USMFTA after complying with the consultation and layover requirements of Section 104 of the USMFTA Implementation Act. See Section 203(j)(2)(B)(i) of the USMFTA Implementation Act. Executive Order 11651 established CITA to supervise the implementation of textile trade agreements and authorizes the Chairman of CITA to take actions or recommend that appropriate officials or agencies of the United States take actions necessary to implement textile trade agreements. 37 FR 4699 (March 4, 1972).

    On November 16, 2015, the Government of the United States received a request from AEO, alleging that 100% rayon woven fabric cannot be supplied by the domestic or Moroccan industry in commercial quantities in a timely manner and requesting that the United States consider whether the USMFTA rule of origin for women's and girls' woven garments, classified under HTSUS chapter 62, should be modified to allow the use of non-U.S. and non-Moroccan 100% woven rayon fabric classified in subheading 5408 of the HTSUS.

    CITA is soliciting public comments regarding this request, particularly with respect to whether 100% rayon woven fabric described above can be supplied by the U.S. domestic industry in commercial quantities in a timely manner. Comments must be received no later than January 6, 2016. Interested persons are invited to submit six copies of such comments or information to the Chairman, Committee for the Implementation of Textile Agreements, Room 3001, U.S. Department of Commerce, 14th and Constitution Avenue NW., Washington, DC 20230.

    CITA will protect any business confidential information that is marked business confidential from disclosure to the full extent permitted by law. CITA will make available to the public non-confidential versions of the request and non-confidential versions of any public comments received with respect to a request in room 3001 in the Herbert Hoover Building, 14th and Constitution Avenue NW., Washington, DC 20230. Persons submitting comments on a request are encouraged to include a non-confidential version and a non-confidential summary.

    Joshua Teitelbaum, Chairman, Committee for the Implementation of Textile Agreements.
    [FR Doc. 2015-30756 Filed 12-4-15; 8:45 am] BILLING CODE 3510-DR-P
    COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Request for Public Comment on a Commercial Availability Request Under the U.S.-Morocco Free Trade Agreement AGENCY:

    Committee for the Implementation of Textile Agreements (CITA).

    ACTION:

    Request for public comments concerning a request for modification of the U.S.-Morocco Free Trade Agreement (USMFTA) rules of origin for certain printed and piece-dyed warp knit fabrics of polyester or nylon fibers.

    SUMMARY:

    On November 16, 2015, the Government of the United States received a request from Swimsuit Commission Corporation (SCC) to initiate consultations with the Government of Morocco under Article 4.3.3 of the USMFTA. SCC is requesting that the United States and Morocco consider revising the rules of origin for certain women's and girls' swimwear to address availability of supply of certain printed and piece-dyed warp knit fabrics of polyester or nylon fibers in the territories of the Parties. The President may proclaim a modification to the USMFTA rules of origin for textile and apparel products after reaching an agreement with the Government of Morocco on the modification. CITA hereby solicits public comments on this request, in particular with regard to whether certain printed and piece-dyed warp knit fabrics of polyester or nylon fibers classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 6004.10 containing between 3 percent and 41 percent elastomeric yarns, in which the elastomeric yarns were engineered for chlorine resistance, can be supplied by the U.S. domestic industry in commercial quantities in a timely manner. Comments must be submitted by January 6, 2016 to the Chairman, Committee for the Implementation of Textile Agreements, Room 3001, United States Department of Commerce, Washington, DC 20230.

    FOR FURTHER INFORMATION CONTACT:

    Maria D'Andrea, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-1550.

    SUPPLEMENTARY INFORMATION:

    Authority: Section 203 (j)(2)(B)(i) of the United States-Morocco Free Trade Agreement Implementation Act (19 U.S.C. 3805 note) (USMFTA Implementation Act); Executive Order 11651 of March 3, 1972, as amended.

    Background

    Under the USMFTA, except as otherwise provided in the USMFTA, the Parties are required to progressively eliminate customs duties on originating goods in accordance with their schedules. See Article 2.3.2. The USMFTA provides that, on the request of either Party, the Parties shall consult to consider whether the rules of origin applicable to a particular textile or apparel good should be revised to address issues of availability of supply of fibers, yarns, or fabrics in the territories of the Parties. See Article 4.3.3 of the USMFTA. In the consultations, each Party must consider data presented by the other Party showing substantial production in its territory of a particular fiber, yarn, or fabric. Substantial production has been shown if domestic producers are capable of supplying commercial quantities of the fiber, yarn, or fabric in a timely manner. See Article 4.3.4 of the USMFTA.

    The USMFTA Implementation Act provides the President with the authority to proclaim as part of the HTSUS, modifications to the USMFTA rules of origin set out in Annex 4-A of the USMFTA as are necessary to implement the USMFTA after complying with the consultation and layover requirements of Section 104 of the USMFTA Implementation Act. See Section 203(j)(2)(B)(i) of the USMFTA Implementation Act. Executive Order 11651 established CITA to supervise the implementation of textile trade agreements and authorizes the Chairman of CITA to take actions or recommend that appropriate officials or agencies of the United States take actions necessary to implement textile trade agreements. 37 FR 4699 (March 4, 1972).

    On November 16, 2015, the Government of the United States received a request from SCC, alleging that certain printed and piece-dyed warp knit fabrics of polyester or nylon fibers classified under HTSUS subheading 6004.10 containing between 3 percent and 41 percent elastomeric yarns, in which the elastomeric yarns were engineered for chlorine resistance, cannot be supplied by the domestic or Moroccan industry in commercial quantities in a timely manner and requesting that the United States consider whether the USMFTA rule of origin for certain women's and girls' swimwear, classified under HTSUS subheading 6112.41, should be modified to allow the use of certain non-U.S. and non-Moroccan printed and piece-dyed warp knit fabrics of polyester or nylon fiber, classified under HTSUS subheading 6004.10 containing between 3 percent and 41 percent elastomeric yarns, in which the elastomeric yarns are engineered for chlorine resistance. CITA is soliciting public comments regarding this request, particularly with respect to whether certain printed and piece-dyed warp knit fabrics of polyester or nylon fibers described above can be supplied by the U.S. domestic industry in commercial quantities in a timely manner. Comments must be received no later than January 6, 2016. Interested persons are invited to submit six copies of such comments or information to the Chairman, Committee for the Implementation of Textile Agreements, Room 3001, U.S. Department of Commerce, 14th and Constitution Avenue NW., Washington, DC 20230.

    CITA will protect any business confidential information that is marked business confidential from disclosure to the full extent permitted by law. CITA will make available to the public non-confidential versions of the request and non-confidential versions of any public comments received with respect to a request in room 3001 in the Herbert Hoover Building, 14th and Constitution Avenue NW., Washington, DC 20230. Persons submitting comments on a request are encouraged to include a non-confidential version and a non-confidential summary.

    Joshua Teitelbaum, Chairman, Committee for the Implementation of Textile Agreements.
    [FR Doc. 2015-30766 Filed 12-4-15; 8:45 am] BILLING CODE 3510-DR-P
    BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No CFPB-2015-0052] Agency Information Collection Activities: Comment Request AGENCY:

    Bureau of Consumer Financial Protection.

    ACTION:

    Notice and request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (PRA), the Consumer Financial Protection Bureau (Bureau) is requesting to renew the Office of Management and Budget (OMB) approval for an existing information collection titled, “Consumer Attitudes, Understanding, and Behaviors with Respect to Financial Services and Products.”

    DATES:

    Written comments are encouraged and must be received on or before February 5, 2016 to be assured of consideration.

    ADDRESSES:

    You may submit comments, identified by the title of the information collection, OMB Control Number (see below), and docket number (see above), by any of the following methods:

    Electronic: http://www.regulations.gov. Follow the instructions for submitting comments.

    Mail: Consumer Financial Protection Bureau (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552.

    Hand Delivery/Courier: Consumer Financial Protection Bureau (Attention: PRA Office), 1275 First Street NE., Washington, DC 20002.

    Please note that comments submitted after the comment period will not be accepted. In general, all comments received will become public records, including any personal information provided. Sensitive personal information, such as account numbers or social security numbers, should not be included.

    FOR FURTHER INFORMATION CONTACT:

    Documentation prepared in support of this information collection request is available at www.regulations.gov. Requests for additional information should be directed to the Consumer Financial Protection Bureau, (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552, (202) 435-9575, or email: [email protected] Please do not submit comments to this mailbox.

    SUPPLEMENTARY INFORMATION:

    Title of Collection: Consumer Attitudes, Understanding, and Behaviors with Respect to Financial Services and Products.

    OMB Control Number: 3170-0034.

    Type of Review: Extension with change of a currently approved collation.

    Affected Public: Individuals or households.

    Estimated Number of Respondents: 55,000.

    Estimated Total Annual Burden Hours: 6,500.

    Abstract: This information collection helps the Bureau establish a public opinion survey to measure and track consumer attitudes, beliefs, and behaviors as they navigate financial decisions. In this regard, it helps the Bureau target its efforts and those of its partners to those areas that will have the most impact on both consumers and financial markets.

    Request for Comments: Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the Bureau, including whether the information will have practical utility; (b) The accuracy of the Bureau's estimate of the burden of the collection of information, including the validity of the methods and the assumptions used; (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. All comments will become a matter of public record.

    Dated: December 1, 2015. Darrin A. King, Paperwork Reduction Act Officer, Bureau of Consumer Financial Protection.
    [FR Doc. 2015-30780 Filed 12-4-15; 8:45 am] BILLING CODE 4810-AM-P
    DEPARTMENT OF DEFENSE Department of the Air Force Gulf Regional Airspace Strategic Initiative, Landscape Initiative Eglin Air Force Base, Florida ACTION:

    Notice of Availability (NOA) Record of Decision (ROD).

    SUMMARY:

    On November 18, 2015, the United States Air Force signed the ROD for the Gulf Regional Airspace Strategic Iniitative, Landscape Initiative Eglin Air Force Base, Florida Final Environmental Impact Statement (EIS). This ROD states the Air Force decision is to select Subalternative 1. The decision means that the Air Force will request a more limited set of specific training and emitter activities from its GRASI partner agencies. The selection of Subalternative 1 reduces the amount of training, frequencies, and geographic extent of training that will be requested of partner organizations to reduce the potential for recreational conflicts identified by the public and the potential for environmental impacts. Training and emitter activities, if approved by GRASI GLI partners, would occur in Blackwater River and Tate's Hell State Forests and other select locations in Northwest Florida.

    The decision was based on matters discussed in the Final EIS; inputs from the public, Native American tribes, and Federal, State and local units of government, and regulatory agencies; and other relevant factors. The Final EIS was made available to the public on June 5, 2015, 2015, through a NOA in the Federal Register (Volume 80, Number 108, Page 32114) with a post-filing waiting period that ended on July 6, 2015. This ROD documents only the Air Force decision on the proposed actions analyzed in the Final EIS.

    Authority: This NOA is published pursuant to the regulations (40 CFR Sec. 1506.6) implementing the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) and the Air Force's Environmental Impact Analysis Process (32 CFR Secs. 989.21(b) and 989.24(b)(7)).

    FOR FURTHER INFORMATION CONTACT:

    Mike Akerman, AFCEC/CZN 2261 Hughes Ave., Ste. 155, JBSA Lackland, TX 78236, (210) 925-2741.

    Henry Williams, Acting Air Force Federal Register Liaison Officer, Civ, DAF.
    [FR Doc. 2015-30768 Filed 12-4-15; 8:45 am] BILLING CODE 5001-10-P
    DEPARTMENT OF DEFENSE Department of the Air Force Notice To Extend Public Comment Period for the Revised Draft Environmental Impact Statement for Divert Activities and Exercises, Commonwealth of The Northern Mariana Islands AGENCY:

    Department of the Air Force.

    ACTION:

    Notification of extension of public comment period.

    SUMMARY:

    The U.S. Air Force is issuing this notice to advise the public of an extension to the public comment period on the revised draft Environmental Impact Statement. The initial Notice of Availability was published in the Federal Register on October 16, 2015 (Vol. 80, No. 200/Notices/62526), and established a public comment period from October 16, 2015 through November 30, 2015. The Air Force has extended the deadline for submitting public comments to December 14, 2015. All substantive comments received by December 14, 2015 will be addressed fully considered and made a part of Final EIS and administrative record.

    Point of Contact: Please direct any written comments or requests for information to Mr. Mark Petersen, 25 E Street, Suite C-130, Joint Base Pearl Harbor-Hickam, HI 96853, ATTN: PACAF Divert Marianas EIS.

    Henry Williams, Acting Air Force Federal Register Liaison Officer, Civ, DAF.
    [FR Doc. 2015-30767 Filed 12-4-15; 8:45 am] BILLING CODE 5001-10-P
    DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2015-0026] Submission for OMB Review; Comment Request ACTION:

    Notice.

    SUMMARY:

    The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act.

    DATES:

    Consideration will be given to all comments received by January 6, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Fred Licari, 571-372-0493.

    SUPPLEMENTARY INFORMATION:

    Title, Associated Form and OMB Number: U.S. Army Corps of Engineers, Instrument(s) for Navigation Improvement Survey(s), OMB Control Number 0710-XXXX.

    Type of Request: New Collection.

    Number of Respondents: 700.

    Responses per Respondent: 1.

    Annual Responses: 700.

    Average Burden per Response: 40 Minutes.

    Annual Burden Hours: 470 Hours.

    Needs and Uses: The Corps of Engineers uses public surveys for collecting data for planning, formulation, and evaluation of projects. These projects include the construction, operation and maintenance of much of the nation's inland navigation infrastructure of locks, dams and channels as well as navigation channels at the nation's major ports. In addition, the Corps plans and builds small shallow draft harbors used by commercial fishermen and other users. As part of its planning and evaluation of these projects, the Corps surveys users of these systems to assess project benefits and impacts.

    Affected Public: Business or other for-profit; individuals or households; not-for-profit institutions; state, local, or tribal governments.

    Frequency: Annually.

    Respondent's Obligation: Voluntary.

    OMB Desk Officer: Mr. Stuart Levenbach.

    Comments and recommendations on the proposed information collection should be emailed to Mr. Stuart Levenbach, DoD Desk Officer, at [email protected] Please identify the proposed information collection by DoD Desk Officer and the Docket ID number and title of the information collection.

    You may also submit comments and recommendations, identified by Docket ID number and title, by the following method:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Instructions: All submissions received must include the agency name, Docket ID 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.

    DOD Clearance Officer: Mr. Frederick Licari.

    Written requests for copies of the information collection proposal should be sent to Mr. Licari at WHS/ESD Directives Division, 4800 Mark Center Drive, East Tower, Suite 02G09, Alexandria, VA 22350-3100.

    Dated: December 1, 2015. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2015-30743 Filed 12-4-15; 8:45 am] BILLING CODE 5001-06-P
    DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sunshine Act Notice AGENCY:

    Defense Nuclear Facilities Safety Board.

    ACTION:

    Notice of closed meeting.

    SUMMARY:

    Pursuant to the provisions of the Government in the Sunshine Act (5 U.S.C. 552b), and the Defense Nuclear Facilities Safety Board's (Board) regulations implementing the Government in the Sunshine Act, notice is hereby given of the Board's closed meeting described below.

    DATES:

    10:00 a.m.-1:00 p.m., December 11, 2015.

    ADDRESSES:

    Defense Nuclear Facilities Safety Board, 625 Indiana Avenue NW., Boardroom, Washington, DC 20004.

    FOR FURTHER INFORMATION CONTACT:

    Mark Welch, General Manager, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue NW., Suite 700, Washington, DC 20004-2901, (800) 788-4016. This is a toll-free number.

    SUPPLEMENTARY INFORMATION:

    The meeting will be closed to the public. No participation from the public will be considered during the meeting.

    Status

    Closed. During the closed meeting, the Board Members will discuss issues dealing with potential Recommendations to the Secretary of Energy. The Board is invoking the exemption to close a meeting described in 5 U.S.C. 552b(c)(3) and 10 CFR 1704.4(c). The Board has determined that it is necessary to close the meeting since conducting an open meeting is likely to disclose matters that are specifically exempted from disclosure by statute. In this case, the deliberations will pertain to potential Board Recommendations which, under 42 U.S.C. 2286d(b) and (h)(3), may not be made publicly available until after they have been received by the Secretary of Energy or the President, respectively.

    MATTERS TO BE CONSIDERED:

    The meeting will proceed in accordance with the closed meeting agenda which is posted on the Board's public Web site at www.dnfsb.gov. Technical staff may present information to the Board. The Board Members are expected to conduct deliberations regarding potential Recommendations to the Secretary of Energy.

    Dated: December 2, 2015. Joyce L. Connery, Chairman.
    [FR Doc. 2015-30832 Filed 12-3-15; 11:15 am] BILLING CODE 3670-01-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2015-ICCD-0135] Agency Information Collection Activities; Comment Request; Student Assistance General Provisions—Financial Assistance for Students With Intellectual Disabilities AGENCY:

    Department of Education (ED), Federal Student Aid (FSA).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501 et seq.), ED is proposing an extension of an existing information collection.

    DATES:

    Interested persons are invited to submit comments on or before February 5, 2016.

    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-0135. 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: Student Assistance General Provisions—Financial Assistance for Students with Intellectual Disabilities.

    OMB Control Number: 1845-0099.

    Type of Review: An extension of an existing information collection.

    Respondents/Affected Public: Private Sector, State, Local and Tribal Governments.

    Total Estimated Number of Annual Responses: 235.

    Total Estimated Number of Annual Burden Hours: 74.

    Abstract: As provided by the Higher Education Act of 1965, as amended, (HEA) these regulations allow students with intellectual disabilities, who enroll in an eligible comprehensive transition program to receive Title IV, HEA program assistance under the Federal Pell Grant, the Federal Supplemental Educational Opportunity Grant (FSEOG), and the Federal Work Study (FWS) programs.

    This request is for an extension of the current record-keeping requirements contained in the regulations at 34 CFR 668.232 and 668.233, related to the administrative requirement of the financial assistance for students with intellectual disabilities program.

    Dated: December 1, 2015. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2015-30713 Filed 12-4-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC16-42-000.

    Applicants: The Williams Companies, Inc., Energy Transfer Equity, L.P.

    Description: Application For Authorization Under Section 203 of The Federal Power Act To Merge Jurisdictional Facilities And Requests For Expedited Treatment, Shortened Comment Period, And Waivers of The Williams Companies, Inc., et al.

    Filed Date: 11/25/15.

    Accession Number: 20151125-5426.

    Comments Due: 5 p.m. ET 12/16/15.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-2331-031; ER14-630-008; ER10-2326-029; ER10-2330-030.

    Applicants: J.P. Morgan Ventures Energy Corporation, AlphaGen Power LLC, Cedar Brakes I, L.L.C., Utility Contract Funding, L.L.C.

    Description: Supplement to June 23, 2015 Updated market power analysis for the Central Region of the JPMorgan Sellers.

    Filed Date: 11/25/15.

    Accession Number: 20151125-5425.

    Comments Due: 5 p.m. ET 12/16/15.

    Docket Numbers: ER15-303-001.

    Applicants: PJM Interconnection, L.L.C., American Transmission Systems, Incorporated.

    Description: Compliance filing: ATSI compliance filing per 10/29/15 Order revising Attachment H-21A and H-21B to be effective 1/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5173.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER15-1883-001; ER15-2601-001; ER15-2101-002; ER15-1925-001; ER15-1418-001; ER14-2707-005; ER14-2138-003; ER13-752-007; ER13-712-009; ER13-2112-003; ER13-1992-005; ER13-1991-005; ER12-569-009; ER12-2227-008; ER12-2226-006; ER12-2225-006; ER12-1228-010; ER11-3635-007; ER11-2642-008; ER11-26-008; ER11-2160-007; ER11-2037-008; ER10-2551-007; ER10-2006-009; ER10-2005-008; ER10-1966-007; ER10-1965-008; ER10-1964-008; ER10-1963-007; ER10-1962-007; ER10-1961-008; ER10-1952-008; ER10-1950-008; ER10-1935-007; ER10-1932-007; ER10-1931-007; ER10-1930-006; ER10-1928-010; ER10-1927-008; ER10-1925-008; ER10-1920-010; ER10-1918-008; ER10-1915-007; ER10-1907-008; ER10-1906-006; ER10-1905-008; ER10-1903-008; ER10-1902-008; ER10-1899-008; ER10-1897-008; ER10-1890-007; ER10-1887-008; ER10-1857-007; ER10-1856-007; ER10-1855-007; ER10-1852-012; ER10-1851-006; ER10-1849-008; ER10-1847-007; ER10-1846-007; ER10-1845-008; ER10-1844-008; ER10-1843-008; ER10-1841-008; ER10-1838-008; ER10-1836-008.

    Applicants: Adelanto Solar, LLC, Adelanto Solar, LLC, Adelanto Solar II, LLC, Ashtabula Wind, LLC, Ashtabula Wind II, LLC, Ashtabula Wind III, LLC, Backbone Mountain Windpower LLC, Baldwin Wind, LLC, Bayswater Peaking Facility, LLC, Blackwell Wind, LLC, Breckinridge Wind Project, LLC, Butler Ridge Wind Energy Center, LLC, Cimarron Wind Energy, LLC, Crystal Lake Wind, LLC, Crystal Lake Wind II, LLC, Crystal Lake Wind III, LLC, Day County Wind, LLC, Desert Sunlight 250, LLC, Desert Sunlight 300, LLC, Diablo Winds, LLC, Elk City Wind, LLC, Elk City II Wind, LLC, Energy Storage Holdings, LLC, Ensign Wind, LLC, ESI Vansycle Partners, L.P., Florida Power & Light Company, FPL Energy Burleigh County Wind, LLC, FPL Energy Cabazon Wind, LLC, FPL Energy Cape, LLC, FPL Energy Cowboy Wind, LLC, FPL Energy Green Power Wind, LLC, FPL Energy Hancock County Wind, LLC, FPL Energy Illinois Wind, LLC, FPL Energy Marcus Hook, L.P., FPL Energy MH50 L.P., FPL Energy Montezuma Wind, LLC, FPL Energy Mower County, LLC, FPL Energy New Mexico Wind, LLC, FPL Energy North Dakota Wind, LLC, FPL Energy North Dakota Wind II, LLC, FPL Energy Oklahoma Wind, LLC, FPL Energy Oliver Wind I, LLC, FPL Energy Oliver Wind II, LLC, FPL Energy Sooner Wind, LLC, FPL Energy South Dakota Wind, LLC, FPL Energy Stateline II, Inc., FPL Energy Vansycle, L.L.C, FPL Energy Wyman, LLC, FPL Energy Wyman IV, LLC, Garden Wind, LLC, Genesis Solar, LLC, Golden West Power Partners, LLC, Gray County Wind Energy, LLC, Green Mountain Storage, LLC, Hatch Solar Energy Center I, LLC, Hawkeye Power Partners, LLC, High Majestic Wind Energy Center, LLC, High Majestic Wind II, LLC, High Winds, LLC, Jamaica Bay Peaking Facility, LLC, Lake Benton Power Partners II, LLC, Langdon Wind, LLC, Limon Wind, LLC, Limon Wind II, LLC, Limon Wind III, LLC, Logan Wind Energy LLC, Mammoth Plains Wind Project, LLC.

    Description: Supplement to October 28, 2015 Notice of Change in Status of the NextEra Energy Companies [Part 1 of 2].

    Filed Date: 11/25/15.

    Accession Number: 20151125-5220.

    Comments Due: 5 p.m. ET 12/16/15.

    Docket Numbers: ER16-414-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Revised Service Agreement No. 1135; Queue K4 (ISA—Assignment Agreement) to be effective 6/4/2004.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5047.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-415-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Revised Service Agreement No. 1791; Queue R74 (WMPA—Assignment Agreement) to be effective 10/30/2007.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5057.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-416-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Original Service Agreement No. 4312; Queue No. AA2-058 to be effective 10/29/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5083.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-417-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: Distribution Service Agreement Mirasol Development, LLC Ivanhoe Land 1A Project to be effective 1/30/2016.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5092.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-418-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: Distribution Service Agreement Mirasol Development, LLC Ivanhoe Land 1B Project to be effective 1/30/2016.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5093.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-419-000.

    Applicants: Dominion Energy Marketing, Inc.

    Description: Compliance filing: Compliance Filing—DEMI Removal of Affiliate Waiver to be effective 11/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5124.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-420-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 3103 Plains and Eastern Clean Line Oklahoma & SPS Inter Agr to be effective 11/6/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5152.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-421-000.

    Applicants: Dominion Nuclear Connecticut, Inc.

    Description: Compliance filing: Compliance Filing—DNCI Removal of Affiliate Waiver to be effective 11/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5153.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-422-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Original Service Agreement No. 4300; Queue No. Z1-079 to be effective 10/30/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5163.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-423-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Second Revised Service Agreement No. 2775; Queue No. Y3-045/Y3-052/Y3-107 to be effective 10/29/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5172.

    Comments Due: 5 p.m. ET 12/21/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: November 30, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-30705 Filed 12-4-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP15-490-001] Delfin LNG LLC; Notice of Amendment to Application

    Take notice that on November 19, 2015 Delfin LNG LLC (Delfin LNG), 1100 Louisiana Street, Houston, Texas 77002, filed in Docket No. CP15-490-001, an amendment to its May 8, 2015 application pursuant to section 7(c) of the Natural Gas Act and Part 157 of the Commission's regulations requesting authorization to reactivate, construct, own, operate and maintain certain pipeline and compression facilities that comprise the onshore portion of Delfin LNG's proposed Deepwater Port (DWP), an offshore liquefied natural gas facility located off the coast of Louisiana in the Gulf of Mexico. The Amendment increases the amount of compression and capacity previously proposed, all as more fully set forth in the application which is on file with the Commission and open to public inspection. This filing may be viewed on the web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC at [email protected] or call toll-free, (886) 208-3676 or TYY, (202) 502-8659.

    Any questions regarding this Application should be directed to Daniel P. Werner, Delfin LNG LLC, 1100 Louisiana Street, Suite 3550, Houston, Texas 77002; phone: 346-240-2574, or J. Patrick Nevins, Hogan Lovells US LLP, 555 Thirteenth Street NW., Washington, DC 20004; phone: 202-637-6441.

    Delfin LNG's onshore facilities will connect with the DWP facilities that are subject to jurisdiction of the Maritime Authority (MARAD) and the United States Coast Guard (USCG). Additionally, as part of Delfin LNG's DWP, Delfin LNG proposes to utilize a segment of pipeline abandoned by High Island Offshore System, LLC (HIOS) that extends from the terminus of the UTOS pipeline offshore. HIOS filed to abandon certain pipeline facilities on November 19, 2015 in Docket No. CP16-20-000.

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

    There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 7 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

    However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenter's will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenter's will not be required to serve copies of filed documents on all other parties. However, the non-party commentary, will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and ill not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link.

    Comment Date: December 22, 2015.

    Dated: December 1, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-30736 Filed 12-4-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Effectiveness of Exempt Wholesale Generator Status Willey Battery Utility, LLC EG15-108-000 Little Elk Wind Project, LLC EG15-109-000 Patriot Wind Farm, LLC EG15-110-000 Chapman Ranch Wind I, LLC EG15-111-000 Silver State Solar Power South, LLC EG15-112-000 RE Garland LLC EG15-113-000 RE Garland A LLC EG15-114-000 Latigo Wind Park, LLC EG15-116-000 Parrey, LLC EG15-117-000 South Plains Wind Energy, LLC EG15-118-000 PHR Holdings LLC EG15-119-000 Golden West Power Partners, LLC EG15-120-000

    Take notice that during the month of October 2015, the status of the above-captioned entities as Exempt Wholesale Generators became effective by operation of the Commission's regulations. 18 CFR 366.7(a).

    Dated: November 30, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-30699 Filed 12-4-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives notice that members of the Commission's staff may attend the following meeting related to the transmission planning activities of the South Carolina Regional Planning (SCRTP) Stakeholder Group.

    South Carolina Regional Transmission Planning Meeting, December 9, 2015 (10:00 a.m.-1:00 p.m.)

    The above-referenced meeting will be held at:

    Hilton Garden Inn—Charleston Airport, Cypress I Room, 5265 International Blvd., North Charleston, SC 29418. (843) 308-9330

    The meeting is open to the public.

    For more information, contact Mike Lee, Office of Energy Market Regulation, Federal Energy Regulatory Commission at (202) 502-8658 or [email protected]

    Dated: November 30, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-30701 Filed 12-4-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC16-44-000.

    Applicants: American Illuminating Company, LLC.

    Description: Application for Authorization under Section 203 of American Illuminating Company.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5478.

    Comments Due: 5 p.m. ET 12/21/15.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER11-3697-000.

    Applicants: Southern California Edison Company.

    Description: Informational Filing of Notice of Revision to Formula Transmission Rate Annual Update of Southern California Edison Company.

    Filed Date: 12/1/15.

    Accession Number: 20151201-5254.

    Comments Due: 5 p.m. ET 12/22/15.

    Docket Numbers: ER15-2640-001.

    Applicants: New York Independent System Operator, Inc.

    Description: Compliance filing: Compliance two-week notice of activation of CTS with ISO-NE to be effective 12/15/2015.

    Filed Date: 12/1/15.

    Accession Number: 20151201-5193.

    Comments Due: 5 p.m. ET 12/22/15.

    Docket Numbers: ER16-440-000.

    Applicants: Tampa Electric Company.

    Description: Notice of Cancellation of Tampa Electric Company Rate Schedule FERC No. 79.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5480.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-441-000.

    Applicants: Northern States Power Company, a Minnesota corporation.

    Description: § 205(d) Rate Filing: 2015-12-1_Peoples Structure Sharing_0.0.0—Filing to be effective 12/15/2015.

    Filed Date: 12/1/15.

    Accession Number: 20151201-5164.

    Comments Due: 5 p.m. ET 12/22/15.

    Docket Numbers: ER16-442-000.

    Applicants: Northern Indiana Public Service Company.

    Description: § 205(d) Rate Filing: Supplemental Filing to Docket No. ER15-2426-00 of Rate Schedule 2 to be effective 1/1/2016.

    Filed Date: 12/1/15.

    Accession Number: 20151201-5167.

    Comments Due: 5 p.m. ET 12/22/15.

    Docket Numbers: ER16-443-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: SGIA Pearblossom Solar Project Solar Star and CDWR to be effective 12/2/2015.

    Filed Date: 12/1/15.

    Accession Number: 20151201-5208.

    Comments Due: 5 p.m. ET 12/22/15.

    Docket Numbers: ER16-444-000.

    Applicants: Wabash Valley Power Association, Inc.

    Description: Baseline eTariff Filing: FERC Electric Tariff Volume 4—Reactive Tariff to be effective 2/1/2016.

    Filed Date: 12/1/15.

    Accession Number: 20151201-5221.

    Comments Due: 5 p.m. ET 12/22/15.

    Take notice that the Commission received the following electric reliability filings:

    Docket Numbers: RR16-1-000.

    Applicants: North American Electric Reliability Corporation.

    Description: Petition of the North American Electric Reliability Corporation for Approval of Amendments to Exhibit B to the Delegation Agreement with Southwest Power Pool, Inc.—Amendments to Southwest Power Pool, Inc.'s Bylaws.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5488.

    Comments Due: 5 p.m. ET 12/21/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: December 1, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-30737 Filed 12-4-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP15-1022-000.

    Applicants: Alliance Pipeline L.P.

    Description: Cost and Revenue Study Filing of Alliance Pipeline L.P.

    Filed Date: 9/14/15.

    Accession Number: 20150914-5269.

    Comments Due: 5 p.m. ET 12/1/15.

    Docket Numbers: RP16-205-000.

    Applicants: Equitrans, L.P.

    Description: Motion for Extension of Time to Comply with the Requirements of Order No. 587-W of Equitrans, L.P.

    Filed Date: 11/18/15.

    Accession Number: 20151118-5151.

    Comments Due: 5 p.m. ET 11/30/15.

    Docket Numbers: RP16-206-000.

    Applicants: Kern River Gas Transmission Company.

    Description: § 4(d) Rate Filing: 2016 Leap Year Rates to be effective 1/1/2016.

    Filed Date: 11/19/15.

    Accession Number: 20151119-5069.

    Comments Due: 5 p.m. ET 12/1/15.

    Docket Numbers: RP16-207-000.

    Applicants: Transcontinental Gas Pipe Line Company.

    Description: Compliance filing IDLS Revenue Sharing Report 2015.

    Filed Date: 11/19/15.

    Accession Number: 20151119-5071.

    Comments Due: 5 p.m. ET 12/1/15.

    Docket Numbers: RP16-208-000.

    Applicants: El Paso Natural Gas Company, L.L.C.

    Description: § 4(d) Rate Filing: Negotiated Rate Agreement Update (Conoco) to be effective 11/20/2015.

    Filed Date: 11/19/15.

    Accession Number: 20151119-5176.

    Comments Due: 5 p.m. ET 12/1/15.

    Docket Numbers: RP16-209-000.

    Applicants: Gas Transmission Northwest LLC.

    Description: Compliance filing GTN RP15-904 Rate Case Settlement Compliance to be effective 1/1/2016.

    Filed Date: 11/20/15.

    Accession Number: 20151120-5054.

    Comments Due: 5 p.m. ET 12/2/15.

    Docket Numbers: RP16-210-000.

    Applicants: Northwest Pipeline LLC.

    Description: § 4(d) Rate Filing: NWP 2016 Leap Year Rates Filing to be effective 1/1/2016.

    Filed Date: 11/20/15.

    Accession Number: 20151120-5082.

    Comments Due: 5 p.m. ET 12/2/15.

    Docket Numbers: RP16-211-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: § 4(d) Rate Filing: Non-conforming and Negotiated Rate—Chesapeake 911268 to be effective 11/20/2015.

    Filed Date: 11/20/15.

    Accession Number: 20151120-5121.

    Comments Due: 5 p.m. ET 12/2/15.

    Docket Numbers: RP16-212-000.

    Applicants: Paiute Pipeline Company.

    Description: § 4(d) Rate Filing: Associated Imbalance Trading—CP14-509 to be effective 12/21/2015.

    Filed Date: 11/20/15.

    Accession Number: 20151120-5237.

    Comments Due: 5 p.m. ET 12/2/15.

    Docket Numbers: RP16-213-000.

    Applicants: Tennessee Gas Pipeline Company, L.L.C.

    Description: § 4(d) Rate Filing: Volume No. 2—Neg Rate Agmts with Noble Americas and Antero to be effective 12/1/2015.

    Filed Date: 11/20/15.

    Accession Number: 20151120-5241.

    Comments Due: 5 p.m. ET 12/2/15.

    Docket Numbers: RP16-214-000.

    Applicants: Range Resources-Appalachia LLC, Range Resources—Pine Mountain, Inc., EnerVest Energy Institutional Fund XIV.

    Description: Joint Application for Waivers and Request for Expedited Action and Shortened Comment Period of Range Resources—Appalachia LLC, et al.

    Filed Date: 11/20/15.

    Accession Number: 20151120-5316.

    Comments Due: 5 p.m. ET 11/27/15.

    Docket Numbers: RP16-215-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Negotiated Rates—Plymouth Rock 790846 to be effective 12/1/2015.

    Filed Date: 11/23/15.

    Accession Number: 20151123-5112.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-216-000.

    Applicants: National Fuel Gas Supply Corporation.

    Description: Compliance filing TSCA for 2016—Informational Filing.

    Filed Date: 11/23/15.

    Accession Number: 20151123-5131.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-217-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Negotiated Rates—BP Energy 790853 to be effective 12/1/2015.

    Filed Date: 11/23/15.

    Accession Number: 20151123-5134.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-218-000.

    Applicants: Mojave Pipeline Company, L.L.C.

    Description: § 4(d) Rate Filing: Annual Fuel Filing effective January 1, 2016 to be effective 1/1/2016.

    Filed Date: 11/23/15.

    Accession Number: 20151123-5139.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-219-000.

    Applicants: Southern Star Central Gas Pipeline, Inc.

    Description: Compliance filing Annual Operational Flow Order Report 2015.

    Filed Date: 11/23/15.

    Accession Number: 20151123-5154.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-220-000.

    Applicants: Southern Natural Gas Company, L.L.C.

    Description: § 4(d) Rate Filing: SCRM Filing to be effective 1/1/2016.

    Filed Date: 11/23/15.

    Accession Number: 20151123-5157.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-221-000.

    Applicants: Ruby Pipeline, L.L.C.

    Description: § 4(d) Rate Filing: FL&U to be effective 1/1/16 to be effective 1/1/2016.

    Filed Date: 11/23/15.

    Accession Number: 20151123-5158.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-222-000.

    Applicants: Cameron Interstate Pipeline, LLC.

    Description: § 4(d) Rate Filing: Cameron Interstate Pipeline Annual Adjustment of Fuel Retainage Percentage to be effective 1/1/2016.

    Filed Date: 11/23/15.

    Accession Number: 20151123-5183.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-223-000.

    Applicants: Kinder Morgan Louisiana Pipeline LLC.

    Description: § 4(d) Rate Filing: Remove Terminated Agreement to be effective 11/23/2015.

    Filed Date: 11/23/15.

    Accession Number: 20151123-5196.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-224-000.

    Applicants: Tennessee Gas Pipeline Company, L.L.C.

    Description: Compliance filing Cashout Report Plan 2014-2015.

    Filed Date: 11/23/15.

    Accession Number: 20151123-5208.

    Comments Due: 5 p.m. ET 12/7/15

    Docket Numbers: RP16-225-000.

    Applicants: Sierrita Gas Pipeline LLC.

    Description: Operational Purchases and Sales Report of Sierrita Gas Pipeline LLC.

    Filed Date: 11/23/15.

    Accession Number: 20151123-5243.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-226-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: § 4(d) Rate Filing: Negotiated Rates eff 12-22-2015 for UGI Central Penn Gas to be effective 12/22/2015.

    Filed Date: 11/23/15.

    Accession Number: 20151123-5245.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-227-000.

    Applicants: Gas Transmission Northwest LLC.

    Description: Annual Fuel Charge Adjustment of Gas Transmission Northwest LLC.

    Filed Date: 11/23/15.

    Accession Number: 20151123-5273.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-228-000.

    Applicants: Rockies Express Pipeline LLC.

    Description: § 4(d) Rate Filing: Neg Rate Amend MFN Ultra 2015-11-20 to be effective 12/1/2015.

    Filed Date: 11/23/15.

    Accession Number: 20151123-5301.

    Comments Due: 5 p.m. ET 12/7/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and § 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: November 24, 2015. Nathaniel J. Davis, Sr. Deputy Secretary.
    [FR Doc. 2015-30707 Filed 12-4-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Staff Attendance at the Illinois Commerce Commission's “Solutions to Resource Adequacy in MISO Zone 4” Policy Session

    The Federal Energy Regulatory Commission (Commission) hereby gives notice that members of its staff may attend the above meeting of the Illinois Commerce Commission (ICC). Their attendance is part of the Commission's ongoing outreach efforts.

    The meeting will be held on December 10, 2015 from 9:00 a.m. to 3:00 p.m. in the Main Hearing Room at the ICC's Chicago office, 160 North LaSalle, Suite C-800, Chicago, IL 60601.

    The discussions may address matters at issue in the following proceedings:

    Docket No. ER11-4081, Midwest Independent System Operator, Inc.

    Docket No. EL12-54, Viridity Energy, Inc. v. PJM Interconnection, L.L.C.

    Docket No. ER13-535, PJM Interconnection, L.L.C.

    Docket No. ER13-2108, PJM Interconnection, L.L.C.

    Docket No. ER14-504, PJM Interconnection, L.L.C.

    Docket No. ER14-822, PJM Interconnection, L.L.C.

    Docket Nos. ER14-1461 and EL14-48, PJM Interconnection, L.L.C.

    Docket No. ER14-2940, PJM Interconnection, L.L.C.

    Docket No. ER15-135, PJM Interconnection, L.L.C.

    Docket Nos. ER15-623 and EL15-29, PJM Interconnection, L.L.C.

    Docket No. EL14-20, Independent Market Monitor for PJM v. PJM Interconnection, L.L.C.

    Docket Nos. EL14-94 and EL14-36, FirstEnergy Solutions Corp. and PJM Interconnection, L.L.C.

    Docket No. EL14-55, FirstEnergy Service Company v. PJM Interconnection, L.L.C.

    Docket No. EL15-41, Essential Power Rock Springs, L.L.C. et al. v. PJM Interconnection, L.L.C.

    Docket No. EL15-46, Champion Energy Marketing L.L.C. v. PJM Interconnection, L.L.C.

    Docket No. EL15-80, Advanced Energy Management Alliance Coalition v. PJM Interconnection, L.L.C.

    Docket No. EL15-83, National Resources Defense Council, et al., v. PJM Interconnection, L.L.C.

    Docket No. EL15-70, Public Citizen, Inc. v. Midcontinent Independent System Operator, Inc.

    Docket No. EL15-71, People of the State of Illinois v. Midcontinent Independent System Operator, Inc.

    Docket No. EL15-72, Southwestern Electric Cooperative, Inc. v. Midcontinent Independent System Operator, Inc.

    Docket No. EL15-82, Illinois Industrial Energy Consumers v. Midcontinent Independent System Operator, Inc.

    The meeting is open to the public.

    For more information, contact Patrick Clarey, Office of Energy Market Regulation, Federal Energy Regulatory Commission at (317) 249-5937 or [email protected]

    Dated: November 30, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-30700 Filed 12-4-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM15-23-000] Collection of Connected Entity Data From Regional Transmission Organizations and Independent System Operators Supplemental Notice of Technical Conference

    As announced in the Notice of Technical Conference issued on November 13, 2015, Commission staff will hold a technical conference on Tuesday, December 8, 2015, from 10:00 a.m. to 1:00 p.m. to discuss issues relating to the Notice of Proposed Rulemaking on the Collection of Connected Entity Data from Regional Transmission Organizations and Independent System Operators (NOPR) that the Commission issued on September 17, 2015. The agenda for this conference is attached. One or more of the Commissioners may attend the conference. All interested persons are invited to attend.

    As noted in the initial Notice, staff will be accepting written questions related to the NOPR prior to technical conference. Any questions should be emailed to [email protected] no later than December 1, 2015.

    The technical conference will be webcast, but will not be transcribed. The free webcast will allow persons to listen to the technical conference, but not participate. Anyone with internet access who wants to listen to the conference can do so by navigating to the Calendar of Events at www.ferc.gov and locating the technical conference in the Calendar. The technical conference will contain a link to its webcast. The Capitol Connection provides technical support for the webcast and offers the option of listening to the meeting via phone-bridge for a fee. If you have any questions, visit www.CapitolConnection.org or call 703-993-3100. The webcast will be available on the Calendar of Events on the Commission's Web site www.ferc.gov for three months after the conference.

    The conference is open to the public. Pre-registration through the Commission's Web site (https://www.ferc.gov/whats-new/registration/12-08-15-form.asp) is encouraged but not required. Commission conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an email to [email protected] or call toll free 1-866-208-3372 (voice) or 202-502-8659 (TTY); or send a fax to 202-208-2106 with the required accommodations.

    For more information about this technical conference, please contact Kathryn Kuhlen, 202-502-6855, [email protected]; Jamie Marcos, 202-502-6628, [email protected]; or David Pierce, 202-502-6454, [email protected] For logistical information about this technical conference, please contact Sarah McKinley, 202-502-8368, [email protected]

    Dated: November 30, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-30708 Filed 12-4-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP16-20-000] High Island Offshore System, L.L.C.; Notice of Application

    Take notice that on November 19, 2015, High Island Offshore System, L.L.C. (HIOS), 919 Milam, Suite 2100, Houston, Texas 77002, filed in Docket No. CP16-20-000, an application pursuant to section 7(b) of the Natural Gas Act and part 157 of the Commission's regulations requesting authorization to abandon certain offshore facilities in the Gulf of Mexico, including its 66-mile, 42-inch-diameter mainline, a 42-inch pig launcher at High Island Block 264 and its platform at West Cameron Block 167 (HIOS Repurposed Facilities), all as more fully set forth in the application which is on file with the Commission and open to public inspection. This filing may be viewed on the web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC at [email protected] or call toll-free, (886) 208-3676 or TYY, (202) 502-8659.

    In a related docket, Delfin LNG LLC (Delfin LNG) proposes in Docket No. CP15-490-000, as amended, to reactive, construct and operate certain onshore facilities as part of its Deepwater Port project. Delfin LNG proposes to utilize the HIOS Repurposed Facilities as a part of its proposed Deepwater Port project for the export of liquefied natural gas. Delfin LNG's onshore facilities will connect with the Deepwater Port facilities that are subject to jurisdiction of the Maritime Authority (MARAD) and the United States Coast Guard (USCG).

    Any questions regarding this Application should be directed to William S. Goloway, Vice President, High Island Offshore System, L.L.C., 919 Milam, Suite 2100, Houston, Texas 77002, or call (832) 280-3112, or via eMail: [email protected]

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

    There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 7 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

    However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenter's will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenter's will not be required to serve copies of filed documents on all other parties. However, the non-party commentary, will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web site under the “e-Filing” link.

    Comment Date: 5:00 p.m. Eastern Time on December 22, 2015.

    Dated: December 1, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-30738 Filed 12-4-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM98-1-000] Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of prohibited and exempt off-the-record communications.

    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive a prohibited or exempt off-the-record communication relevant to the merits of a contested proceeding, to deliver to the Secretary of the Commission, a copy of the communication, if written, or a summary of the substance of any oral communication.

    Prohibited communications are included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010.

    Exempt off-the-record communications are included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e)(1)(v).

    The following is a list of off-the-record communications recently received by the Secretary of the Commission. The communications listed are grouped by docket numbers in ascending order. These filings are available for electronic review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the eLibrary link. Enter the docket number, excluding the last three digits, in the docket number field to access the document. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659.

    Docket No. File date Presenter or requester Prohibited: 1. CP14-554-000, CP15-16-000, CP15-17-000 11-18-2015 Susan VanBrunt. 2. CP14-115-000, CP14-493-000 11-19-2015 International Paper. 3. EL15-18-000, EL15-67-000 11-19-2015 FERC Staff.1 4. CP15-138-000 11-23-2015 Michael Demarco and Elaine Pongratz. 5. CP15-521-000 11-25-2015 FERC Staff.2 Exempt: 1. CP15-138-000 11-5-2015 U.S. Representative Lou Barletta. 2. CP15-115-000 11-16-2015 State of New York Assembleyman Raymond W. Walter. 3. CP13-483-000, CP13-492-000 11-17-2015 FERC Staff.3 4. CP16-10-000, CP16-13-000 11-18-2015 FERC Staff.4 5. CP15-517-000 11-19-2015 FERC Staff.5 6. CP15-554-000, CP16-10-000 11-20-2015 State of Virginia Senator A. Donald McEachin. 7. CP15-517-000 11-20-2015 FERC Staff.6 8. CP15-517-000 11-20-2015 FERC Staff.7 9. CP15-554-000 11-23-2015 U.S. Representative Ranking Member Raul M. Grijalva. 1 Email dated November 19, 2015. 2 Meeting Summary from November 16, 2015 call between FERC and applicant regarding Gulf LNG Liquefaction Project. 3 Memo forwarding letter dated November 13, 2015 from Advisory Council on Historic Preservation. 4 Meeting Summary from November 17, 2015 call with cooperating agencies regarding Mountain Valley Pipeline Project and Equitrans Expansion Project. 5 Minutes from November 17, 2015 conference call between FERC, ICF, Gulf South, and Perennial regarding Coastal Bend Header Project. 6 Email dated November 20, 2015. 7 Email dated November 20, 2015. Dated: November 30, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-30704 Filed 12-4-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Competing Preliminary Permit Applications Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications Project No. Lock+TM Hydro Friends Fund XXIX 14691-000 Energy Resources USA Inc. 14709-000

    On July 6, 2015, and September 2, 2015, Lock+TM Hydro Friends Fund XXIX and Energy Resources USA Inc. respectively, filed preliminary permit applications pursuant to section 4(f) of the Federal Power Act proposing to study the feasibility of a hydropower project, to be located at the U.S. Army Corps of Engineers' (Corps) Columbia Lock and Dam on the Ouachita River, near the city of Columbia in Caldwell County, Louisiana. The sole purpose of a preliminary permit, if issued, is to grant the permit holder priority to file a license application during the permit term. A preliminary permit does not authorize the permit holder to perform any land-disturbing activities or otherwise enter upon lands or waters owned by others without the owner's express permission.

    Lock+TM Hydro Friends Fund XXIX's proposed project would consist of: (1) Three 109-foot-wide Large Frame Modules, each containing eight generating units, with a total capacity of 8 megawatts; (2) a 150-foot-long tailrace at the end of each Large Frame Module; (3) a 2.5-mile-long, 69-kilovolt transmission line; and (4) a new switchyard. The project would have an estimated annual generation of 45,500 megawatt-hours.

    Applicant Contact: Mr. Wayne Krouse, P.O. Box 43796, Birmingham, AL 35243; (877) 556-6566, extension 709.

    Energy Resources USA Inc.'s proposed project would consist of: (1) A 770-foot-long; 300-foot-wide intake area with a 40-foot-long retaining wall; (2) a 140-foot-wide; 90-foot-long reinforced concrete powerhouse containing two generating units with a total capacity of 9 megawatts; (3) a 1,000-foot-long; 220-foot-wide tailrace with a 40-foot-long retaining wall; (4) a 4.16/69 kilo-Volt (kV) substation; (5) a 3-mile-long, 69 kV transmission line. The project would have an estimated annual generation of 59,600 megawatt-hours.

    Applicant Contact: Mr. Ander Gonzalez, 2655 Le June Road, Suite 804, Coral Gables, FL 33134; +34 93 252 3840.

    FERC Contact: Chris Casey, (202) 502-8577.

    Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Competing applications and notices of intent must meet the requirements of 18 CFR 4.36. The Commission strongly encourages electronic filing. Please file comments, motions to intervene, notices of intent, and competing applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number P-14691-000 or P-14709-000.

    More information about this project, including a copy of either application can be viewed or printed on the “eLibrary” link of Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-14691 or P-14709) in the docket number field to access the document. For assistance, contact FERC Online Support.

    Dated: November 30, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-30703 Filed 12-4-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project Nos. 487-120 and 1881-087] Holtwood, LLC and BIF III Holtwood LLC; Notice of Application for Transfer of Licenses and Soliciting Comments, Motions To Intervene, and Protests

    On November 6, 2015, Holtwood, LLC (transferor) and BIF III Holtwood LLC (transferee) filed an application for transfer of licenses of the Wallenpaupack Hydroelectric Project No. 487 located on Wallenpaupack Creek and the Lackawaxen River in Wayne and Pike counties, Pennsylvania and the Holtwood Project No. 1881 located on the Susquehanna River in York and Lancaster counties, Pennsylvania. The projects do not occupy any federal lands.

    Applicant Contacts: For transferor: David B. Kinnard, Associate General Counsel, Talen Energy, 303 North Broadway, Suite 400, Billings, MT 59101, Phone: (406) 237-6903, Email: [email protected] For transferee: Joshua Stayn, Director, Legal, Services, BIF III Holtwood LLC, 75 State Street, Suite 2701, Boston, MA 02109, Phone: (857) 313-7696, Email: [email protected]

    FERC Contact: Patricia W. Gillis, (202) 502-8735.

    Deadline for filing comments, motions to intervene, and protests: 30 days from the date that the Commission issues this notice. The Commission strongly encourages electronic filing. Please file comments, motions to intervene, and protests using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket numbers P-487-120 or P-1881-087.

    Dated: December 1, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-30739 Filed 12-4-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: CP16-24-000.

    Applicants: DTE Gas Company.

    Description: Abbreviated Application of DTE Gas Company for Issuance of Limited Certificate to Lease Pipeline Capacity to NEXUS Gas Transmission, LLC for use to transport Natural Gas in Interstate Commerce.

    Filed Date: 11/24/15.

    Accession Number: 20151124-5261.

    Comments Due: 5 p.m. ET 12/8/15.

    Docket Numbers: PR16-4-000.

    Applicants: American Midstream Onshore Pipelines, LLC.

    Description: Tariff filing per 284.123(e)/.224: Cancelation of Tariff to be effective 11/25/2015; Filing Type: 800.

    Filed Date: 11/24/15.

    Accession Number: 20151124-5125.

    Comments/Protests Due: 5 p.m. ET 12/15/15.

    Docket Numbers: RP11-1591-000.

    Applicants: Golden Pass Pipeline LLC.

    Description: Report Filing: 2015 Annual Report of Penalty Revenue and Cost of Golden Pass Pipeline LLC.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5162.

    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: RP16-229-000.

    Applicants: El Paso Natural Gas Company, L.L.C.

    Description: § 4(d) Rate Filing: Annual Fuel Filing effective 1/1/16 to be effective 1/1/2016.

    Filed Date: 11/24/15.

    Accession Number: 20151124-5119.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-230-000.

    Applicants: Colorado Interstate Gas Company, L.L.C.

    Description: § 4(d) Rate Filing: FL&U to be effective 1/1/16 to be effective 1/1/2016.

    Filed Date: 11/24/15.

    Accession Number: 20151124-5135.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-231-000.

    Applicants: Cheyenne Plains Gas Pipeline Company, L.

    Description: § 4(d) Rate Filing: Out of Time Fuel Filing to be effective 1/1/2016.

    Filed Date: 11/24/15.

    Accession Number: 20151124-5164.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-232-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Negotiated Rate Filing—BBPC 790861 eff 12-1-2015 to be effective 12/1/2015.

    Filed Date: 11/24/15.

    Accession Number: 20151124-5169

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-233-000.

    Applicants: SG Resources Mississippi, L.L.C.

    Description: § 4(d) Rate Filing: SG Resources Mississippi, L.L.C.—Modifications to FERC Gas Tariff to be effective 12/31/2015.

    Filed Date: 11/24/15.

    Accession Number: 20151124-5174.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-234-000.

    Applicants: El Paso Natural Gas Company, L.L.C.

    Description: § 4(d) Rate Filing: Non-Conforming Agreements Filing (NMG) to be effective 1/1/2016.

    Filed Date: 11/25/15.

    Accession Number: 20151125-5031.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-235-000.

    Applicants: Gas Transmission Northwest LLC.

    Description: § 4(d) Rate Filing: Leap Year Rates to be effective 1/1/2016.

    Filed Date: 11/25/15.

    Accession Number: 20151125-5089.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-236-000.

    Applicants: Young Gas Storage Company, Ltd.

    Description: § 4(d) Rate Filing: Annual Fuel Reimbursement Percentage Update Filing effective 1/1/16 to be effective 1/1/2016.

    Filed Date: 11/25/15.

    Accession Number: 20151125-5170.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-237-000.

    Applicants: El Paso Natural Gas Company, L.L.C.

    Description: § 4(d) Rate Filing: Article 11.2(a) Inflation Adjustment Filing effective January 1, 2016 to be effective 1/1/2016.

    Filed Date: 11/25/15.

    Accession Number: 20151125-5188.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-238-000.

    Applicants: Transcontinental Gas Pipe Line Company.

    Description: § 4(d) Rate Filing: Negotiated Rates—Cherokee AGL—Replacement Shippers—Dec 2015 to be effective 12/1/2015.

    Filed Date: 11/25/15.

    Accession Number: 20151125-5282.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-239-000.

    Applicants: Questar Pipeline Company.

    Description: § 4(d) Rate Filing: Annual FGRP Report for 2016 of Questar Pipeline Company to be effective 1/1/2016.

    Filed Date: 11/25/15.

    Accession Number: 20151125-5293

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP16-240-000.

    Applicants: Alliance Pipeline L.P.

    Description: § 4(d) Rate Filing: Negotiated Rate Filing NSO (1) to be effective 12/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5000.

    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: RP16-241-000.

    Applicants: Columbia Gulf Transmission, LLC.

    Description: § 4(d) Rate Filing: Increase/Decrease of Transportation Demand to be effective 1/1/2016.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5050.

    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: RP16-242-000.

    Applicants: Columbia Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Increase/Decrease of Transportation Demand to be effective 1/1/2016.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5053.

    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: RP16-243-000.

    Applicants: TC Offshore LLC.

    Description: Compliance filing Compliance to CP15-519-000. Abandon X-64 Agreement to be effective 1/1/2016.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5060.

    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: RP16-244-000.

    Applicants: Transcontinental Gas Pipe Line Company.

    Description: § 4(d) Rate Filing: S-2 Tracker Filing Effective 12-01-2015 to be effective 12/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5096.

    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: RP16-245-000.

    Applicants: Viking Gas Transmission Company.

    Description: § 4(d) Rate Filing: Revision to Exhibit A of FT-A Form of Service Agreement to be effective 1/4/2016.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5126.

    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: RP16-246-000.

    Applicants: KPC Pipeline, LLC.

    Description: Request for Waiver of Tariff Provision Requiring the Filing of an Annual Interruptible Transportation Revenue Crediting Report of KPC Pipeline, LLC.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5142.

    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: RP16-247-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: § 4(d) Rate Filing: Negotiated Rate—eff 12-1-2015 Chevron TEAM2014 Releases to Sequent Energy Mgmt to be effective 12/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5170.

    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: RP16-248-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: § 4(d) Rate Filing: Negotiated Rate—Con Ed Release eff 12-1-2015 to be effective 12/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5191.

    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: RP16-249-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Negotiated Rate—Keyspan Ramapo Release eff 12-1-2015 to be effective 12/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5193.

    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: RP16-250-000.

    Applicants: Algonquin Gas Transmission, LLC

    Description: § 4(d) Rate Filing: Negotiated Rates—Con Ed Ramapo Releases eff 12-1-2015 to be effective 12/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5196.

    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: RP16-251-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: § 4(d) Rate Filing: Non-conforming and Negotiated Rate—Total 911252 to be effective 12/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5197.

    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: RP16-252-000.

    Applicants: Questar Pipeline Company.

    Description: § 4(d) Rate Filing: Non-Conforming TSAs Version 7.0.0, remove expired Contract No. 2419 to be effective 12/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5278.

    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: RP16-253-000.

    Applicants: Alliance Pipeline L.P.

    Description: § 4(d) Rate Filing: Hess Contract Amendment to be effective 12/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5277.

    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: RP16-254-000.

    Applicants: Alliance Pipeline L.P.

    Description: § 4(d) Rate Filing: Negotiated Rate Filing NSO(1) Revised to be effective 12/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5275.

    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: RP16-255-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Negotiated Rates for 12-1-2015 Ramapo Releases to be effective 12/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5274.

    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: RP16-256-000.

    Applicants: Columbia Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Negotiated Rate Service Agreement—Spotlight to be effective 12/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5347.

    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: RP16-257-000.

    Applicants: Iroquois Gas Transmission System, L.P.

    Description: § 4(d) Rate Filing: 11/30/15. Negotiated Rates—MMGS, Inc. (RTS) 7625-02 & -03 Amd 1 to be effective 12/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5348.

    Comments Due: 5 p.m. ET 12/14/15.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and § 385.214) on or before 5:00 p.m. Eastern time on the specified date(s). Protests may be considered, but intervention is necessary to become a party to the proceeding.

    Filings in Existing Proceedings

    Docket Numbers: RP15-55-002.

    Applicants: Columbia Gulf Transmission, LLC.

    Description: Compliance filing Negotiated & Non-Conforming Service Agmt—West Side Compliance Filing to be effective 11/1/2014.

    Filed Date: 12/1/15.

    Accession Number: 20151201-5002.

    Comments Due: 5 p.m. ET 12/14/15.

    Docket Numbers: RP15-1277-001.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: Compliance filing Pro Forma OBA—RP15-1277 Compliance Filing to be effective 11/1/2015.

    Filed Date: 11/25/15.

    Accession Number: 20151125-5161.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP15-1278-001.

    Applicants: Maritimes & Northeast Pipeline, L.L.C.

    Description: Compliance filing Pro Forma OBA—RP15-1278 Compliance Filing to be effective 11/1/2015.

    Filed Date: 11/25/15.

    Accession Number: 20151125-5169.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP15-1279-001.

    Applicants: Texas Eastern Transmission, LP.

    Description: Compliance filing Pro Forma OBA—RP15-1279 Compliance Filing to be effective 11/1/2015.

    Filed Date: 11/25/15.

    Accession Number: 20151125-5171.

    Comments Due: 5 p.m. ET 12/7/15.

    Docket Numbers: RP15-1322-001.

    Applicants: Sabine Pipe Line LLC.

    Description: Compliance filing Sabine Pipe Line November 30 Compliance to be effective 12/31/9998.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5271.

    Comments Due: 5 p.m. ET 12/14/15.

    Any person desiring to protest in any of the above proceedings must file in accordance with Rule 211 of the Commission's Regulations (18 CFR 385.211) on or before 5:00 p.m. Eastern time on the specified comment date.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated December 1, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-30747 Filed 12-4-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP16-17-000; PF-15-23-000] Millennium Pipeline Company, L.L.C.; Notice of Application

    Take notice that on November 13, 2015, Millennium Pipeline Company, L.L.C. (Millennium) One Blue Hill Plaza, Pearl River, New York 10965, filed in Docket No. CP16-17-000, an application pursuant to section 7(c) of the Natural Gas Act and Part 157 of the Commission's regulations, for a certificate of public convenience and necessity to construct and operate its Valley Lateral Project to provide approximately 130,000 dekatherms per day (Dth/d) of firm transportation service to CPV Valley, LLC to serve a new natural gas combined-cycle electric generator in the Town of Wawayanda, New York (CPV Valley Energy Center). Specifically, Millennium seeks to construct an approximately 7.8-mile, 16-inch diameter lateral pipeline from Millennium's existing mainline in Orange County, New York to the CPV Valley Energy Center, all as more fully set forth in the application, which is on file with the Commission and open to public inspection. The filing may also be viewed on the web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at [email protected] or call toll-free, (866) 208-3676 or TTY, (202) 502-8659.

    Any questions regarding this application should be directed to Gary A. Kruse, One Blue Hill Plaza, Pearl River, New York 10965, phone: (845) 620-1300, or email: [email protected]

    On April 30, 2015, the Commission staff granted Millennium's request to utilize the Pre-Filing Process and assigned Docket No. PF15-23-000 to staff activities involved in the Valley Lateral Project. Now, as of the November 13, 2015 application, the Pre-Filing Process for this project has ended. From this time forward, this proceeding will be conducted in Docket No. CP16-17-000, as noted in the caption of this Notice.

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice, the Commission staff will issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) for this proposal. The issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS.

    There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 7 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

    However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on December 21, 2015.

    Dated: November 30, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-30709 Filed 12-4-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER15-58-003; ER15-30-003; ER15-2602-001; ER15-2243-001; ER15-2134-001; ER15-1375-001; ER15-1016-001; ER14-2710-005; ER14-2709-005; ER14-2708-006; ER14-21-004; ER14-1630-005; ER13-2474-004; ER13-2461-003; ER13-2458-002; ER12-895-008; ER12-676-007; ER12-631-008; ER12-2444-007; ER12-1880-009; ER12-1660-008; ER11-4678-008; ER11-4677-008; ER11-4462-013; ER11-4428-010; ER11-2365-007; ER11-2192-008; ER10-2720-010; ER10-2078-009; ER10-1995-007; ER10-1994-007; ER10-1993-008; ER10-1991-008; ER10-1990-008; ER10-1989-007; ER10-1986-008; ER10-1985-007; ER10-1984-008; ER10-1983-008; ER10-1976-007; ER10-1975-018; ER10-1974-017; ER10-1973-007; ER10-1972-008; ER10-1971-022; ER10-1970-008; ER10-1968-008; ER10-1967-008; ER10-1951-010.

    Applicants: Mantua Creek Solar, LLC, McCoy Solar, LLC, Meyersdale Storage, LLC, Meyersdale Windpower LLC, Mill Run Windpower, LLC, Minco Wind, LLC, Minco Wind II, LLC, Minco Wind III, LLC, Minco Wind Interconnection Services, LLC, Mountain View Solar, LLC, NEPM II, LLC, NextEra Energy Duane Arnold, LLC, NextEra Energy Montezuma II Wind, LLC, NextEra Energy Point Beach, LLC, NextEra Energy Power Marketing, LLC, NextEra Energy Seabrook, LLC, NextEra Energy Services Massachusetts, LLC, Northeast Energy Associates, A Limited Partnership, North Jersey Energy Associates, A Limited Partnership, North Sky River Energy, LLC, Northern Colorado Wind Energy, LLC, Osceola Windpower, LLC, Osceola Windpower II, LLC, Palo Duro Wind Energy, LLC, Palo Duro Wind Interconnection Services, LLC, Paradise Solar Urban Renewal, L.L.C., Peetz Table Wind Energy, LLC, Pennsylvania Windfarms, Inc., Perrin Ranch Wind, LLC, Pheasant Run Wind, LLC, Red Mesa Wind, LLC, Seiling Wind, LLC, Seiling Wind II, LLC, Seiling Wind Interconnection Services, LLC, Silver State Solar Power South, LLC, Shafter Solar, LLC, Sky River LLC, Sky River Asset Holdings, LLC, Somerset Windpower, LLC, Steele Flats Wind Project, LLC, Story Wind, LLC, Tuscola Bay Wind, LLC, Tuscola Wind II, LLC, Vasco Winds, LLC, Waymart Wind Farm, L.P., Wessington Wind Energy Center, LLC, White Oak Energy LLC, Wilton Wind II, LLC, Windpower Partners 1993, LLC.

    Description: Supplement to October 280, 2015 Notice of Change in Status of the NextEra Energy Companies [Part 2 of 2].

    Filed Date: 11/25/15.

    Accession Number: 20151125-5335.

    Comments Due: 5 p.m. ET 12/16/15.

    Docket Numbers: ER15-2565-001.

    Applicants: California Independent System Operator Corporation.

    Description: Compliance filing: 2015-11-30 Compliance Filing-EIM Transition Period to be effective 11/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5248.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-424-000.

    Applicants: Dominion Energy Manchester Street, Inc.

    Description: Compliance filing: Compliance Filing—DEMS Removal of Affiliate Waiver to be effective 11/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5215.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-425-000.

    Applicants: New York Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 205 filing tariff revision re: scarcity pricing to be effective 12/31/9998.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5216.

    Comments Due: 5 p.m. ET 12/21/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: November 30, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-30706 Filed 12-4-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [P-20-110] Pacificorp; Notice of Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection.

    a. Application Type: Amendment of license.

    b. Project No.: 20-110.

    c. Date Filed: November 12, 2015.

    d. Applicant: PacifiCorp.

    e. Name of Project: Bear River Hydroelectric Project.

    f. Location: Bear River in Caribou and Franklin counties, Idaho.

    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.

    h. Applicant Contact: Mr. Mark Stenberg, Managing Director, Hydro Resources, PacifiCorp, 825 NE Multnomah, Portland, Portland, OR 97232, [email protected], 208-547-7305.

    i. FERC Contact: Anumzziatta Purchiaroni, (202) 502-6191, [email protected]

    j. Deadline for filing motions to intervene and protests: December 30, 2015.

    The Commission strongly encourages electronic filing. Please file motions to intervene, protests, comments, or recommendations using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number P-20-110.

    The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.

    k. Description of Request: The licensee is proposing to revise the project boundary to include land changes at the Soda, Grace, and Oneida developments.

    Changes to Soda Development include adding a gaging station and access road below the dam within the project boundary and adjusting the project boundary to better fit shoreline buffers and conservation lands.

    Changes to Grace Development include minor revisions to the project boundary around the powerhouse to reflect the recently updated U.S. Bureau of Land Management (BLM) permit, identifying lands under the Federal Land Policy and Management Act of 1976, providing a more accurate description of project lands along the Grace flowline, adding conservation lands identified in the Grace/Last Chance Site plan, expanded the project boundary to the headwater to include all lands necessary for project operations, included two additional structures necessary for maintain the operating elevation of the reservoir, and identifying private lands under the reservoir.

    Changes to Oneida Development include adding an access road on BLM land, identifying two areas of private lands under the reservoir, correctly identifying lands owned by BLM or Bureau of Reclamation, and adding conservation lands managed under the revised Oneida Site Plan.

    l. Locations of the Application: A copy is also available for inspection and reproduction in the Commission's Public Reference Room located at 888 First Street NE., Room 2A, Washington, DC 20426, or by calling (202) 502-8371. This filing may also be viewed on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits in the docket number field (P-20) to access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or email [email protected], for TTY, call (202) 502-8659. A copy is also available for inspection and reproduction at the address in item (h) above. Agencies may obtain copies of the application directly from the applicant.

    m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

    n. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214, respectively. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

    o. Filing and Service of Documents: Any filing must (1) bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE” as applicable; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person commenting, protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, motions to intervene, or protests must set forth their evidentiary basis. All comments, motions to intervene, or protests should relate to project boundary changes, which are the subject of the license amendment. Any filing made by an intervenor must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 385.2010.

    Dated: November 30, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-30702 Filed 12-4-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER15-1196-003.

    Applicants: Nevada Power Company, Sierra Pacific Power Company.

    Description: Supplement to July 13, 2015 Compliance Filing of Nevada Power Company and Sierra Pacific Power Company.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5460.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER15-2641-001.

    Applicants: ISO New England Inc.

    Description: Compliance filing: Notice of Effective Date for CTS, Compliance and Conforming Filing to be effective 12/15/2015.

    Filed Date: 12/1/15.

    Accession Number: 20151201-5105.

    Comments Due: 5 p.m. ET 12/22/15.

    Docket Numbers: ER16-426-000.

    Applicants: Fairless Energy, LLC.

    Description: Compliance filing: Compliance Filing—Removal of Affiliate Waiver to be effective 11/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5285.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-427-000.

    Applicants: Entergy Louisiana, LLC.

    Description: § 205(d) Rate Filing: EGSL-SRMPA 5th Extension of Interim Agreement to be effective 12/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5284.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-428-000.

    Applicants: New England Power Pool Participants Committee.

    Description: § 205(d) Rate Filing: Nov 30 2015 Membership Filing to be effective 11/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5273.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-429-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Original Designated Entity Agreement, SA No. 4310 among PJM and Northeast to be effective 10/29/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5272.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-430-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: Bylaws 9.7 Revisions to Expand Regional Entity Trustees to be effective 1/29/2016.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5268.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-431-000.

    Applicants: Virginia Electric and Power Company.

    Description: Compliance filing: Compliance Filing—VEPCO Removal of Affiliate Waiver to be effective 11/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5307.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-432-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2015-11-30_RPU RTO Adder Filing to be effective 2/1/2016.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5328.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-433-000.

    Applicants: Virginia Electric and Power Company.

    Description: Compliance filing: Compliance Filing—Removal of Affiliate Waiver to be effective 11/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5344.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-434-000.

    Applicants: Nevada Power Company.

    Description: § 205(d) Rate Filing: Rate Schedule No. 142 Dynamic Scheduling Agreement Amendment—Transfer to be effective 12/1/2015.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5345.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-435-000.

    Applicants: Wabash Valley Power Association, Inc.

    Description: Baseline eTariff Filing: Wabash Valley Power Association—MISO Reactive Tariff to be effective 2/1/2016.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5351.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-436-000.

    Applicants: Old Dominion Electric Cooperative, Inc.

    Description: Request of Old Dominion Electric Cooperative for Waiver of Notice Requirement.

    Filed Date: 11/30/15.

    Accession Number: 20151130-5362.

    Comments Due: 5 p.m. ET 12/21/15.

    Docket Numbers: ER16-437-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2015-12-01_SA 2874 ATC Transmission Capacity Exchange Agreement to be effective 10/30/2015.

    Filed Date: 12/1/15.

    Accession Number: 20151201-5112.

    Comments Due: 5 p.m. ET 12/22/15.

    Docket Numbers: ER16-438-000.

    Applicants: Marshall Wind Energy LLC.

    Description: Baseline eTariff Filing: Marshall Wind MBRA Filing to be effective 1/30/2016.

    Filed Date: 12/1/15.

    Accession Number: 20151201-5114.

    Comments Due: 5 p.m. ET 12/22/15.

    Docket Numbers: ER16-439-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2015-12-01_SA 2875 ATC Operations and Maintenance Agreement to be effective 10/30/2015.

    Filed Date: 12/1/15.

    Accession Number: 20151201-5116.

    Comments Due: 5 p.m. ET 12/22/15.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: December 1, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-30735 Filed 12-4-15; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-SFUND-2004-0008; FRL-9939-70-OSWER] Proposed Information Collection Request; Comment Request; Consolidated Superfund Information Collection Request (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), “Consolidated Superfund Information Collection Request (Renewal)” (EPA ICR No. 1487.13, OMB Control No. 2050-0179) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.). Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This notice is a proposed extension of the ICR, which is currently approved through April 30, 2016. This ICR is a continuing consolidation of the following previous ICRs: OMB Control Number 2050-0179 (Cooperative Agreements and Superfund State Contracts for Superfund Response Actions), OMB Control Number 2050-0095 (Superfund Site Evaluation and Hazard Ranking System (HRS)), and OMB Control Number 2050-0096 (National Oil and Hazardous Substances Pollution Contingency Plan (NCP)). An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Comments must be submitted on or before February 5, 2016.

    ADDRESSES:

    Submit your comments, referencing Docket ID No. EPA-HQ-2004-0008, online using www.regulations.gov (our preferred method), by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Laura Knudsen, Office of Solid Waste and Emergency Response, Assessment and Remediation Division, (5204P), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 703-603-8861; fax number: 703-603-9102; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will collect are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting comments and information to enable it to: (i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (ii) evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (iii) enhance the quality, utility, and clarity of the information to be collected; and (iv) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval. At that time, EPA will issue another Federal Register notice to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB.

    Abstract: This ICR covers the following: The collection of information under 40 CFR part 35, subpart O, which establishes the administrative requirements for cooperative agreements funded under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for state, federally-recognized Indian tribal governments, and political subdivision response actions; the application of the Hazard Ranking System (HRS) by states as outlined by section 105 of CERCLA (1980 and 1986) that amends the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) to include criteria prioritizing releases throughout the U.S. before undertaking remedial action at uncontrolled hazardous waste sites; and the remedial portion of the Superfund program as specified in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended (CERCLA) and the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). For Cooperative Agreements and Superfund State Contracts for Superfund Response Actions, the information is collected from applicants and/or recipients of EPA assistance and is used to make awards, pay recipients, and collect information on how federal funds are being utilized. EPA requires this information to meet its federal stewardship responsibilities. Recipient responses are required to obtain a benefit (federal funds) under 40 CFR part 31, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments” and under 40 CFR part 35, “State and Local Assistance.” For the Superfund Site Evaluation and Hazard Ranking System, the states will apply the HRS by identifying and classifying those releases or sites that warrant further investigation. The HRS score is crucial since it is the primary mechanism used to determine whether a site is eligible to be included on the National Priorities List (NPL). Only sites on the NPL are eligible for Superfund-financed remedial actions. For the NCP information collection, some community involvement activities covered by this ICR are not required at every site (e.g., Technical Assistance Grants) and depend very much on the community and the nature of the site and cleanup. All community activities seek to involve the public in the cleanup of the sites, gain the input of community members, and include the community's perspective on the potential future reuse of Superfund NPL sites. Community involvement activities can enhance the remedial process and increase community acceptance and the potential for productive and beneficial reuse of the sites.

    Form Numbers: None.

    Respondents/affected entities: State, Local or Tribal Governments; Communities; US Territories.

    Respondent's obligation to respond: Required to obtain benefits (for the Cooperative Agreements and Superfund State Contracts under 40 CFR part 35); Required to Obtain Benefits (for the Superfund Site Evaluation and Hazard Ranking System ICR under section 105 of the CERCLA, 1980 and 1986); and Required to Obtain Benefits (for the National Oil and Hazardous Substances Pollution Contingency Plan under CERCLA).

    Estimated number of respondents: 12,131 (total).

    Frequency of response: On occasion.

    Total estimated burden: 308,458 hours (per year). Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $481,661.59 (per year), includes $0 annualized capital or operation & maintenance costs.

    Changes in Estimates: There is no anticipated change of hours in the total estimated respondent burden compared with the ICR currently approved by OMB. The estimates are expected to substantially stay the same because there have been no significant changes in respondents and the scope of the activities listed under this ICR remains unchanged.

    Dated: November 24, 2015. James E. Woolford, Director, Office of Superfund Remediation and Technology Innovation.
    [FR Doc. 2015-30799 Filed 12-4-15; 8:45 am] BILLING CODE 6560-50-P
    EXPORT-IMPORT BANK [Public Notice: 2015-3018] Agency Information Collection Activities: Comment Request AGENCY:

    Export-Import Bank of the United States.

    ACTION:

    Submission for OMB review and comments request.

    Form Title: EIB 00-02 Annual Competitiveness Report Survey of Exporters and Bankers.

    SUMMARY:

    The Export-Import Bank of the United States (Ex-Im Bank), as a part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal Agencies to comment on the proposed information collection, as required by the Paperwork Reduction Act of 1995.

    Ex-Im Bank will use this information to fulfill the statutory mandate (Export-Import Bank Act of 1945, as amended, 12 U.S.C. 635) which directs Ex-Im Bank to report annually to the U.S. Congress on its competitiveness relative to the world's other major export credit agencies. As part of this report, the statutory mandate requires Ex-Im Bank to conduct an annual survey of exporters and lenders who used Export-Import Bank's support during the prior calendar year. Ex-Im Bank will use the responses to develop an analysis of the Bank's competitiveness.

    The survey can be reviewed at: http://www.exim.gov/sites/default/files/pub/pending/EXIM_Competitiveness_Report_Survey.pdf.

    DATES:

    Comments should be received on or before January 6, 2016.

    ADDRESSES:

    Comments may be submitted electronically on WWW.REGULATIONS.GOV or by mail to Office of Information and Regulatory Affairs, 725 17th Street NW., Washington, DC 20038 Attn: OMB 3048-14-01.

    SUPPLEMENTARY INFORMATION:

    Titles and Form Number: EIB 00-02 Annual Competitiveness Report Survey of Exporters and Bankers.

    OMB Number: 3048-0004.

    Type of Review: Renewal.

    Need and Use: This information will be used to fulfill the statutory mandate (Export-Import Bank Act of 1945, as amended, 12 U.S.C. 635) which directs Ex-Im Bank to report annually to the U.S. Congress any action taken toward providing export credit programs that are competitive with those offered by official foreign export credit agencies. The Act further stipulates that the annual report on competitiveness should include the results of a survey of U.S. exporters and U.S. commercial lending institutions which provide export credit to determine their experience in meeting financial competition from other countries whose exporters compete with U.S. exporters.

    The number of respondents: 150.

    Estimated time per respondents: 90 minutes.

    The frequency of response: Annually.

    Annual hour burden: 225 total hours.

    Government Expenses:

    Reviewing time per response: 45 minutes.

    Responses per year: 150.

    Reviewing time per year: 112.5 hours.

    Average Wages per hour: $42.50.

    Average cost per year: (time * wages) $4,781.25.

    Benefits and overhead: 20%.

    Total Government Cost: $5737.5.

    Bonita Jones-McNeil, Program Analyst, Records Management Division.
    [FR Doc. 2015-30801 Filed 12-4-15; 8:45 am] BILLING CODE 6690-01-P
    FEDERAL ACCOUNTING STANDARDS ADVISORY BOARD Notice of Meeting Schedule for 2016 AGENCY:

    Federal Accounting Standards Advisory Board.

    ACTION:

    Notice.

    Board Action: Pursuant to 31 U.S.C. 3511(d), the Federal Advisory Committee Act (Pub. L. 92-463), as amended, and the FASAB Rules of Procedure, as amended in October 2010, notice is hereby given that the Federal Accounting Standards Advisory Board (FASAB) will meet on the following dates in room 7C13 of the U.S. Government Accountability Office (GAO) Building (441 G St. NW., Washington, DC) unless otherwise noted:

    —Wednesday and Thursday, February 24 and 25, 2016 —Wednesday and Thursday, April 27 and 28, 2016 —Wednesday and Thursday, June 29 and 30, 2016 —Wednesday and Thursday, August 24 and 25, 2016 —Wednesday and Thursday, October 19 and 20, 2016 —Wednesday and Thursday, December 19 and 20, 2016

    The purpose of the meetings is to discuss issues related to:

    —Leases. —Public-Private Partnerships, —Reporting Model, —Risk Assumed, —Tax Expenditures, and —Any other topics as needed.

    Any interested person may attend the meetings as an observer. Board discussion and reviews are open to the public. GAO Building security requires advance notice of your attendance. Please notify FASAB of your planned attendance by calling 202-512-7350 at least two days prior to the respective meeting.

    FOR FURTHER INFORMATION CONTACT:

    Wendy Payne, Executive Director, at 202-512-7350.

    Authority:

    Federal Advisory Committee Act, Pub. L. 92-463.

    Dated: December 1, 2015. Wendy Payne, Executive Director, Federal Accounting Standards Advisory Board.
    [FR Doc. 2015-30782 Filed 12-4-15; 8:45 am] BILLING CODE 1610-01-P
    FEDERAL ACCOUNTING STANDARDS ADVISORY BOARD Notice of Request for Candidates AGENCY:

    Federal Accounting Standards Advisory Board.

    ACTION:

    Notice.

    Board Action: Pursuant to 31 U.S.C. 3511(d), the Federal Advisory Committee Act (Pub. L. 92-463), as amended, and the FASAB Rules of Procedure, as amended in October 2010, notice is hereby given that the Federal Accounting Standards Advisory Board (FASAB) is currently seeking candidates (candidates must not currently be federal employees) to serve as non-federal members of the FASAB. FASAB is the body designated to establish generally accepted accounting principles for federal government entities. Generally, non-federal Board members are selected from the general financial community, the accounting and auditing community, or the academic community. Specifically, FASAB is particularly interested in candidates who have experience as:

    —Analysts of financial information, —Economists or forecasters, —Academics, —Auditors, — Preparers of financial information, or —Those otherwise knowledgeable regarding the use of financial information in decision-making.

    The FASAB meets in Washington, DC, for two days every other month. Members are compensated based on current federal executive salaries. The member designated as chairperson of the board is typically compensated for 40 hours during each two-week pay period. Other members are typically compensated for 24 days per year. Travel expenses are reimbursed in accordance with federal travel regulations.

    Responses may be submitted by email to [email protected] or by fax to 202-512-7366. Responses may also be sent to: Ms. Wendy Payne, Executive Director, Federal Accounting Standards Advisory Board, 441 G Street NW., (Mailstop 6K17V), Washington, DC 20548.

    Please submit your resume by January 6, 2016. Additional information about the FASAB can be obtained from its Web site at http://www.fasab.gov.

    FOR FURTHER INFORMATION CONTACT:

    Wendy Payne, Executive Director, at 202-512-7350.

    Authority:

    Federal Advisory Committee Act, Pub. L. 92-463.

    Dated: December 1, 2015. Wendy Payne, Executive Director, Federal Accounting Standards Advisory Board.
    [FR Doc. 2015-30781 Filed 12-4-15; 8:45 am] BILLING CODE 1610-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-1034] Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number.

    DATES:

    Written PRA comments should be submitted on or before February 5, 2016. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Cathy Williams, FCC, via email [email protected] and to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact Cathy Williams at (202) 418-2918.

    SUPPLEMENTARY INFORMATION:

    OMB Control Number: 3060-1034.

    Title: Digital Audio Broadcasting Systems and their Impact on the Terrestrial Radio Broadcast Service; Digital Notification Form, FCC Form 335.

    Form Number: FCC Form 335.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business or other for profit.

    Number of Respondents and responses: 250 respondents, 250 responses.

    Frequency of Response: On occasion reporting requirement.

    Obligation to Respond: Required to obtain benefits—Statutory authority for this collection of information is contained in 154(i), 303, 310 and 533 of the Communications Act of 1934, as amended.

    Estimated Time per Response: 1 hour-8 hours.

    Total Annual Burden: 450 hours.

    Total Annual Costs: $192,000.

    Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information.

    Privacy Impact Assessment: No impact(s).

    Needs and Uses: On January 29, 2010, the Commission released the Order, Digital Audio Broadcasting Systems and Their Impact on the Terrestrial Radio Broadcast Service (Order), DA 10-208, MM Docket 99-325. The Order allowed: (1) Eligible authorized FM stations to commence operation of FM digital facilities with digital effective radiated power (ERP) up to−14 dBc upon notice to the Commission on Form 335 (the licensee of a super-powered FM station must file an informal request for any increase in the station's FM Digital ERP). (2) Licensees to submit an application to the Media Bureau, in the form of an informal request, for any increase in FM Digital ERP beyond 6 dB. (3) Licensees submitting such a request must use a simplified method set forth in the Order to determine the proponent station's maximum permissible FM Digital ERP. (4) In situations where the simplified method is not applicable due to unusual terrain or other environmental or technical considerations or when it produces anomalous FM Digital ERP results, the Bureau will accept applications for FM Digital ERP in excess of −14 dBc on a case-by-case basis when accompanied by a detailed showing containing a complete explanation of the prediction methodology used as well as data, maps and sample calculations. These information collection requirements have not changed since they were last approved by the Office of Management and Budget (OMB).

    These information collection requirements are also a part of this collection and remain unchanged:

    47 CFR 73.404(b) states in situations where interference to other stations is anticipated or actually occurs, AM licensees may, upon notification to the Commission, reduce the power of the primary Digital Audio Broadcasting (DAB) sidebands by up to 6 dB. Any greater reduction of sideband power requires prior authority from the Commission via the filing of a request for special temporary authority or an informal letter request for modification of license.

    47 CFR 73.404(e) states licensees (commercial and noncommercial AM and FM radio stations) must provide notification to the Commission in Washington, DC, within 10 days of commencing in-band, on channel (IBOC) digital operation. The notification must include the following information: (1) Call sign and facility identification number of the station; (2) date on which IBOC operation commenced; (3) certification that the IBOC DAB facilities conform to permissible hybrid specifications; (4) name and telephone number of a technical representative the Commission can call in the event of interference; (5) FM digital effective radiated power used and certification that the FM analog effective radiated power remains as authorized; (6) transmitter power output; if separate analog and digital transmitters are used, the power output for each transmitter; (7) if applicable, any reduction in an AM station's primary digital carriers; (8) if applicable, the geographic coordinates, elevation data, and license file number of the auxiliary antenna employed by an FM station as a separate digital antenna; (9) if applicable, for FM systems employing interleaved antenna bays, a certification that adequate filtering and/or isolation equipment has been installed to prevent spurious emissions in excess of the limits specified in § 73.317; (10) a certification that the operation will not cause human exposure to levels of radio frequency radiation in excess of the limits specified in § 1.1310 of the Commission's rules and is therefore categorically excluded from environmental processing pursuant to § 1.1306(b). Any station that cannot certify compliance must submit an environmental assessment (“EA”) pursuant to § 1.1311 and may not commence IBOC operation until such EA is ruled upon by the Commission.

    Federal Communications Commission. Gloria J. Miles, Federal Register Liaison Officer, Office of the Secretary.
    [FR Doc. 2015-30727 Filed 12-4-15; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-1034] Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid Office of Management and Budget (OMB) control number.

    DATES:

    Written PRA comments should be submitted on or before February 5, 2016. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Cathy Williams, FCC, via email [email protected] and to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact Cathy Williams at (202) 418-2918.

    SUPPLEMENTARY INFORMATION:

    OMB Control Number: 3060-1034.

    Title: Digital Audio Broadcasting Systems and their Impact on the Terrestrial Radio Broadcast Service; Digital Notification Form, FCC Form 335.

    Form Number: FCC Form 335.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business or other for profit.

    Number of Respondent and responses: 250 respondents, 250 responses.

    Frequency of Response: On occasion reporting requirement.

    Obligation to Respond: Required to obtain benefits—Statutory authority for this collection of information is contained in 154(i), 303, 310 and 533 of the Communications Act of 1934, as amended.

    Estimated Time per Response: 1 hour-8 hours.

    Total Annual Burden: 450 hours.

    Total Annual Costs: $192,000.

    Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information.

    Privacy Impact Assessment: No impact(s).

    Needs and Uses: On January 29, 2010, the Commission released the Order, Digital Audio Broadcasting Systems and Their Impact on the Terrestrial Radio Broadcast Service (Order), DA 10-208, MM Docket 99-325. The Order allowed: (1) Eligible authorized FM stations to commence operation of FM digital facilities with digital effective radiated power (ERP) up to −14 dBc upon notice to the Commission on Form 335 (the licensee of a super-powered FM station must file an informal request for any increase in the station's FM Digital ERP). (2) Licensees to submit an application to the Media Bureau, in the form of an informal request, for any increase in FM Digital ERP beyond 6 dB. (3) Licensees submitting such a request must use a simplified method set forth in the Order to determine the proponent station's maximum permissible FM Digital ERP. (4) In situations where the simplified method is not applicable due to unusual terrain or other environmental or technical considerations or when it produces anomalous FM Digital ERP results, the Bureau will accept applications for FM Digital ERP in excess of −14 dBc on a case-by-case basis when accompanied by a detailed showing containing a complete explanation of the prediction methodology used as well as data, maps and sample calculations. These information collection requirements have not changed since they were last approved by the Office of Management and Budget (OMB).

    These information collection requirements are also a part of this collection and remain unchanged:

    47 CFR 73.404(b) states in situations where interference to other stations is anticipated or actually occurs, AM licensees may, upon notification to the Commission, reduce the power of the primary Digital Audio Broadcasting (DAB) sidebands by up to 6 dB. Any greater reduction of sideband power requires prior authority from the Commission via the filing of a request for special temporary authority or an informal letter request for modification of license.

    47 CFR 73.404(e) states licensees (commercial and noncommercial AM and FM radio stations) must provide notification to the Commission in Washington, DC, within 10 days of commencing in-band, on channel (IBOC) digital operation. The notification must include the following information: (1) Call sign and facility identification number of the station; (2) date on which IBOC operation commenced; (3) certification that the IBOC DAB facilities conform to permissible hybrid specifications; (4) name and telephone number of a technical representative the Commission can call in the event of interference; (5) FM digital effective radiated power used and certification that the FM analog effective radiated power remains as authorized; (6) transmitter power output; if separate analog and digital transmitters are used, the power output for each transmitter; (7) if applicable, any reduction in an AM station's primary digital carriers; (8) if applicable, the geographic coordinates, elevation data, and license file number of the auxiliary antenna employed by an FM station as a separate digital antenna; (9) if applicable, for FM systems employing interleaved antenna bays, a certification that adequate filtering and/or isolation equipment has been installed to prevent spurious emissions in excess of the limits specified in § 73.317; (10) a certification that the operation will not cause human exposure to levels of radio frequency radiation in excess of the limits specified in § 1.1310 of the Commission's rules and is therefore categorically excluded from environmental processing pursuant to § 1.1306(b). Any station that cannot certify compliance must submit an environmental assessment (“EA”) pursuant to § 1.1311 and may not commence IBOC operation until such EA is ruled upon by the Commission.

    Federal Communications Commission. Gloria J. Miles, Federal Register Liaison Officer. Office of the Secretary.
    [FR Doc. 2015-30726 Filed 12-4-15; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [AU Docket No. 14-252, GN Docket No. 12-268, WT Docket No. 12-269; DA 15-1357] Wireless Telecommunications Bureau Releases Impairment File Formats for Forward Auction AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice.

    SUMMARY:

    This document provides information regarding data specifications for forward Auction 1002.

    FOR FURTHER INFORMATION CONTACT:

    Wireless Telecommunications Bureau, Auctions and Spectrum Access Division: For general forward auction questions: Sasha Javid at (202) 418-0660.

    SUPPLEMENTARY INFORMATION:

    This is a summary of the Auction 1002 Impairment Formats Specifications Public Notice, AU Docket No. 14-252, GN Docket No. 12-268, WT Docket No. 12-269, DA 15-1357, released on November 24, 2015. The complete text of the Auction 1002 Impairment Formats Specifications Public Notice, including the attachment is available for public inspection and copying from 8:00 a.m. to 4:30 p.m. ET Monday through Thursday or from 8:00 a.m. to 11:30 a.m. ET on Fridays in the FCC Reference Information Center, 445 12th Street SW., Room CY-A257, Washington, DC 20554. The complete text is also available on the Commission's Web site at http://wireless.fcc.gov, or by using the search function on the ECFS Web page at http://www.fcc.gov/cgb/ecfs/. Alternative formats are available to persons with disabilities by sending an email to [email protected] or by calling the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

    I. General Information

    1. The Auction 1002 Impairment Formats Specifications Public Notice provides specifications for impairment file formats so that prospective forward auction bidders in the broadcast incentive auction can begin familiarizing themselves with the file formats in which impairment information will be made available. Qualified bidders in the forward auction (Auction 1002) will have access to detailed impairment information upon receipt of their registration materials. The specifications released in the Public Notice include sample impairment data only.

    Federal Communications Commission. William Huber, Associate Chief, Auctions and Spectrum Access Division, WTB.
    [FR Doc. 2015-30817 Filed 12-4-15; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination; 10069 Neighborhood Community Bank, Newnan, Georgia

    The Federal Deposit Insurance Corporation (FDIC), as Receiver for 10069 Neighborhood Community Bank, Newnan, Georgia (Receiver) has been authorized to take all actions necessary to terminate the receivership estate of Neighborhood Community Bank (Receivership Estate); The Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective December 1, 2015 the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: December 2, 2015. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2015-30788 Filed 12-4-15; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination; 10489, The Community's Bank Bridgeport, Connecticut

    The Federal Deposit Insurance Corporation (FDIC), as Receiver for 10489, The Community's Bank, Bridgeport, CT (Receiver) has been authorized to take all actions necessary to terminate the receivership estate of The Community's Bank (Receivership Estate); The Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective December 1, 2015 the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: December 2, 2015. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2015-30762 Filed 12-4-15; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice to All Interested Parties of the Termination of the Receivership of 10294, North County Bank, Arlington, Washington

    Notice is hereby given that the Federal Deposit Insurance Corporation (“FDIC”) as Receiver for North County Bank, Arlington, Washington (“the Receiver”) intends to terminate its receivership for said institution. The FDIC was appointed receiver of North County Bank on September 24, 2010. The liquidation of the receivership assets has been completed. To the extent permitted by available funds and in accordance with law, the Receiver will be making a final dividend payment to proven creditors.

    Based upon the foregoing, the Receiver has determined that the continued existence of the receivership will serve no useful purpose. Consequently, notice is given that the receivership shall be terminated, to be effective no sooner than thirty days after the date of this Notice. If any person wishes to comment concerning the termination of the receivership, such comment must be made in writing and sent within thirty days of the date of this Notice to: Federal Deposit Insurance Corporation, Division of Resolutions and Receiverships, Attention: Receivership Oversight Department 32.1, 1601 Bryan Street, Dallas, TX 75201.

    No comments concerning the termination of this receivership will be considered which are not sent within this time frame.

    Dated: December 2, 2015. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2015-30744 Filed 12-4-15; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL ELECTION COMMISSION Sunshine Act Meeting AGENCY:

    Federal Election Commission.

    DATE AND TIME:

    Thursday, December 10, 2015 at 10:00 a.m., Tuesday, December 15, 2015 at 10:00 a.m., and Thursday, December 17, 2015 at the Conclusion of the Open Meeting

    PLACE:

    999 E Street NW., Washington, DC.

    STATUS:

    This Meeting Will Be Closed To The Public.

    ITEMS TO BE DISCUSSED:

    Compliance matters pursuant to 52 U.S.C. 30109. Internal personnel rules and internal rules and practices. Matters concerning participation in civil actions or proceeding, or arbitration.

    PERSON TO CONTACT FOR INFORMATION:

    Judith Ingram, Press Officer, Telephone: (202) 694-1220.

    Shelley E. Garr, Deputy Secretary.
    [FR Doc. 2015-30896 Filed 12-3-15; 4:15 pm] BILLING CODE 6715-01-P
    GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090-0246; Docket 2015-0001; Sequence 16] General Services Administration Regulation; Information Collection; Packing List Clause AGENCY:

    Office of Acquisition Policy, General Services Administration (GSA).

    ACTION:

    Notice of request for an extension of an information collection requirement for an existing OMB clearance.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement regarding the packing list clause.

    DATES:

    Submit comments on or before: February 5, 2016.

    ADDRESSES:

    Submit comments identified by Information Collection 3090-0246, Packing List Clause, by any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number. Select the link “Submit a Comment” that corresponds with “Information Collection 3090-0246, Packing List Clause”. Follow the instructions provided at the “Submit a Comment” screen. Please include your name, company name (if any), and “Information Collection 3090-0246, Packing List Clause” on your attached document.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Flowers/IC 3090-0246, Packing List Clause.

    Instructions: Please submit comments only and cite Information Collection 3090-0246, Packing List Clause, in all correspondence related to this collection. Comments received generally will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail).

    FOR FURTHER INFORMATION CONTACT:

    Ms. Janet Fry, Procurement Analyst, at telephone 703-605-3167 or via email at [email protected].

    SUPPLEMENTARY INFORMATION: A. Purpose

    GSAR clause 552.211-77, Packing List, requires a contractor to include a packing list or other suitable document that verifies placement of an order and identifies the items shipped. In addition to information contractors would normally include on packing lists, the identification of cardholder name, telephone number and the term “Credit Card” is required.

    B. Annual Reporting Burdens

    Respondents: 7,387.

    Responses per Respondent: 27.

    Total Annual Responses: 199,449.

    Hours per Response: .05.

    Total Burden Hours: 9,972.

    C. Public Comments

    Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected.

    Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405, at 202-501-4755. Please cite OMB Control No. 3090-0246, Packing List Clause, in all correspondence.

    Dated: November 25, 2015. Jeffrey A. Koses, Director, Office of Acquisition Policy, Office of Government-wide Policy.
    [FR Doc. 2015-30521 Filed 12-4-15; 8:45 am] BILLING CODE 6820-61-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Proposed Information Collection Activity; Comment Request

    Title: Evaluation of Domestic Human Trafficking Demonstration Projects.

    OMB No.: New Collection.

    Description: The Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS) is proposing a data collection as part of the “Evaluation of Domestic Human Trafficking Demonstration Projects” study. This notice addresses the cross-site process evaluation to be conducted with the FY 2015 domestic human trafficking demonstration sites funded by the Family and Youth Services Bureau (FYSB).

    The objective of the process evaluation is to describe program operations and implementation experience, such as start-up efforts, service provision to a wide array of trafficking victims, collaboration development, training, and sustainability actions. Information from the evaluation will assist federal, state, and community policymakers and funders in laying the groundwork for the refinement of program models to serve domestic victims of human trafficking, as well as evaluation strategies for future programs targeting trafficking victims.

    The evaluation of domestic human trafficking demonstration projects will document and describe each site's community and organizational capacity; partnership composition and functioning; comprehensive, victim-centered services; and survivor characteristics, experiences, and outcomes. Primary data for the evaluation will be collected via qualitative interviews, including key informant interviews, case narrative interviews and client interviews. Data will be collected in two waves, during 2016 and 2017. Only the case narrative interviews will include follow up interviews. Interviews from multiple perspectives will enhance the government's understanding of strategies by which grantees can identify, engage and serve diverse populations of victims of sever forms of human trafficking.

    Respondents: Case managers at the three FY 2015 FYSB funded demonstration projects; staff (e.g., program managers and directors) from partner organizations that are working with the three FY 2015 FYSB-funded demonstration projects; and clients who have received services from the three FY 2015 FYSB-funded demonstration projects.

    Annual Burden Estimates Instrument Total number of respondents Annual
  • number of
  • respondents
  • Number of
  • responses per respondent
  • Average
  • burden hours per response
  • Annual burden hours
    Partner Interviews 30 15 1 1.25 19 Case Manger Interview 30 15 1 1.25 19 Case Narrative Interview 30 15 1 1 15 Client Interview 30 15 1 1 15 Project Director Interview 6 3 1 2 6

    Estimated Total Annual Burden Hours: 74.

    In compliance with the requirements of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 330 C Street SW., Washington, DC 20201, Attn: OPRE Reports Clearance Officer. Email address: [email protected] All requests should be identified by the title of the information collection.

    The Department specifically requests comments on (a) whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted within 60 days of this publication.

    Robert Sargis, ACF Certifying Officer.
    [FR Doc. 2015-30742 Filed 12-4-15; 8:45 am] BILLING CODE 4184-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2014-N-1286] Moving Forward: Collaborative Approaches to Medical Device Cybersecurity; Public Workshop; Request for Comments AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of public workshop; request for comments.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing the following public workshop entitled “Moving Forward: Collaborative Approaches to Medical Device Cybersecurity.” FDA, in collaboration with the National Health Information Sharing Analysis Center (NH-ISAC), the Department of Health and Human Services, and the Department of Homeland Security, seek to bring together diverse stakeholders to discuss complex challenges in medical device cybersecurity that impact the medical device ecosystem. The purpose of this workshop is to highlight past collaborative efforts; increase awareness of existing maturity models (i.e. frameworks leveraged for benchmarking an organization's processes) which are used to evaluate cybersecurity status, standards, and tools in development; and to engage the multi-stakeholder community in focused discussions on unresolved gaps and challenges that have hampered progress in advancing medical device cybersecurity.

    DATES:

    The public workshop will be held January 20-21, 2016, from 9 a.m. to 5:30 p.m. Submit either electronic or written comments on the public workshop by February 22, 2016.

    ADDRESSES:

    The public workshop will be held at the FDA White Oak Campus, 10903 New Hampshire Ave., Building 31 Conference Center, the Great Room, (Rm. 1503), Silver Spring, MD 20993-0002. Entrance for the public meeting participants (non-FDA employees) is through Building 1 where routine security check procedures will be performed. For parking and security information, please refer to http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.

    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-2014-N-1286 for “Moving Forward: Collaborative Approaches to Medical Device Cybersecurity.” 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:

    Suzanne Schwartz, Food and Drug Administration, Center for Devices and Radiological Health, 10903 New Hampshire Ave., Bldg. 66, Rm. 5428, Silver Spring, MD 20993, 301-796-6937, [email protected].

    SUPPLEMENTARY INFORMATION: I. Background

    Effective medical device cybersecurity to assure device safety and functionality has become more important with the increasing use of wireless, Internet- and network-connected devices, and the frequent electronic exchange of medical device-related health information. As medical devices become more connected and interoperable, the potential for exploit of device vulnerabilities, whether intentional or not, increases. Rather than impacting a single device or single system, multiple devices or an entire hospital network may be compromised. In the past, the Healthcare and Public Health (HPH) sector has been the target of many attempts at intrusion. Protecting the HPH critical infrastructure from attack by strengthening cybersecurity is a high priority for the Federal government. Cybersecurity is the subject of recent Executive Orders focused on enhancing the cybersecurity of critical infrastructure (E.O. 13636) (Ref. 1) and increasing cybersecurity information sharing (E.O. 13691) (Ref. 2). Furthermore, Presidential Policy Directive 21 tasks the Federal government to work together with the private sector in order to strengthen the security and resilience of critical infrastructure against physical and cyber threats (Ref. 3). This public workshop will bring together diverse stakeholders from the public and private sector to discuss the current state of medical device cybersecurity, including its evolution over the past 12 months. Moreover, the workshop plans to provide a vision for the desired state of medical device cybersecurity through ongoing collaboration and new partnerships over the next 12 months. Meeting participants are encouraged to formulate strategies and feasible action plans to address gaps, such as management of vulnerabilities in legacy devices. These diverse stakeholders include, but are not limited to: Medical device manufacturers; healthcare facilities and personnel (e.g., healthcare providers, biomedical engineers, IT system administrators); professional and trade organizations including medical device cybersecurity consortia; patient groups; insurance providers; cybersecurity researchers; local, State, and Federal Governments; and information security firms.

    A voluntary, risk-based framework for achieving enhanced cybersecurity was developed by the National Institute of Standards and Technology (NIST) in collaboration with external public and private sector partners (Ref. 4). Since its release in February 2014, the “Framework for Improving Critical Infrastructure Cybersecurity” (Framework) has been leveraged by entities within the HPH sector to better manage and reduce cybersecurity risks. This workshop aims to highlight some of the ways that the Framework has been employed to better understand, manage, communicate, and mitigate medical device cybersecurity risks across the medical device total product lifecycle.

    Medical device cybersecurity vulnerabilities, if exploited, may result in device malfunction, disruption of healthcare services including treatment interventions, inappropriate access to patient information, or compromised electronic health record data integrity. Such outcomes could have a profound impact on patient care and safety. In the last few years, HPH sector stakeholders have been engaged in many collaborative activities that seek to strengthen medical device cybersecurity and, therefore, enhance patient safety. FDA has contributed to these efforts through guidance, multi-stakeholder engagement, outreach, and by hosting a 2014 public workshop on cybersecurity (Ref. 5). The 2016 public workshop announced in this Federal Register notice will build upon previous work by featuring some of the collaborative efforts that address medical device cybersecurity through education and training, information sharing, standards, risk assessment, and tools development.

    Though progress is evident, key hurdles continue to impede maturation of the HPH community's cybersecurity posture. This workshop seeks to increase awareness among stakeholders and create a common understanding of potential threats and vulnerabilities, as well as to present proactive preventative measures that may be universally employed as best practices and good cyber hygiene. The workshop also aims to facilitate extensive dialogue and articulate paths forward in the critical areas of information sharing, coordinated vulnerability disclosure and vulnerability management, and the Common Vulnerability Scoring System (CVSS). Information sharing continues to be a challenge as stakeholders work to define processes to create a trusted environment. Coordinated vulnerability disclosure is an important component of information sharing. Proactively identifying, assessing, and managing medical device vulnerabilities before they are exploited is one way to protect against potential patient harm. Vulnerabilities may be identified by the device manufacturer as well as by external entities such as healthcare facilities, cybersecurity researchers, and other sectors of critical infrastructure. As described in International Organization for Standardization/International Electrotechnical Commission 29147:2014, “Coordinated disclosure, also known as responsible disclosure, is a vulnerability disclosure model in which all stakeholders agree to delay publishing vulnerability details for an agreed-upon period of time, generally after a patch to mitigate the vulnerability is available. The model includes steps that simplify the otherwise-complex, back-and-forth communications between the vulnerability finder and the affected manufacturer” (Ref. 6). Coordinated disclosure is just one aspect of vulnerability management. Understanding how a vulnerability may affect device functionality, assessing the vulnerability impact across multiple product types, and identifying mitigations that may be employed until a permanent fix may be implemented are all critical components of vulnerability management that should be addressed throughout the medical device total product lifecycle. This workshop provides an opportunity for stakeholders to explore implementation of coordinated vulnerability disclosure and vulnerability management, including existing standards, models, best practices, and lessons learned in this area.

    One of the tools that manufacturers or healthcare facilities may use to assess and manage the impact of vulnerability is CVSS. CVSS is a risk assessment tool that provides an open and standardized method for rating information technology vulnerabilities. However, incorporating CVSS into medical device vulnerability assessments has proven to be a challenge in that it does not directly incorporate patient risk and public health impact factors. This workshop encourages robust dialogue on how CVSS might be adapted for medical devices and how considerations of the use environment might be incorporated in a more standardized manner into medical device CVSS scores.

    II. Topics for Discussion at the Public Workshop

    The public workshop sessions are designed to incorporate the following general themes:

    • Envisioning a roadmap for coordinated vulnerability disclosure and vulnerability management as part of the broader effort to create a trusted environment for information sharing.

    ○ How might the stakeholder community create incentives to encourage stakeholder participation?

    ○ What do individual stakeholders need to understand and be aware of regarding coordinated disclosure?

    ○ What current tools and models presently exist that may aid stakeholders in implementing disclosure and vulnerability management?

    ○ How can the security researcher community work in collaboration with HPH stakeholders to identify, assess, and mitigate vulnerabilities?

    • Sharing FDA's current thinking on the implementation of the Framework in the medical device total product lifecycle.

    • Adapting cybersecurity and/or risk assessment tools such as CVSS for the medical device operational environment.

    • Adapting and/or implementing existing cybersecurity standards for medical devices.

    • Understanding the challenges that manufacturers face as they increase collaboration with external third parties (cybersecurity researchers, Information Sharing and Analysis Organizations (ISAOs), and end users), to resolve cybersecurity vulnerabilities that impact their devices. Note that an ISAO is a group created to gather, analyze, and disseminate critical infrastructure information (Ref. 7).

    • Gaining situational awareness of the current activities in the HPH sector to enhance medical device cybersecurity.

    • Identifying cybersecurity gaps and challenges that persist in the medical device ecosystem and begin crafting action plans to address them.

    Registration: Registration is free and available on a first-come, first-served basis. Persons interested in attending this public workshop must register online by January 13, 2016, at 4 p.m. Early registration is recommended because facilities are limited and, therefore, FDA may limit the number of participants from each organization. If time and space permits, onsite registration on the day of the public workshop will be provided beginning at 8 a.m.

    If you need special accommodations due to a disability, please contact Susan Monahan, Center for Devices and Radiological Health, Office of Communication and Education, 301-796-5661 or email: [email protected] no later than January 7, 2016.

    Please provide complete contact information for each attendee, including name, title, affiliation, email, and telephone number. Those without Internet access should contact Susan Monahan to register. Registrants will receive confirmation after they have been accepted. You will be notified if you are on a waiting list.

    Streaming Webcast of the Public Workshop: This public workshop will also be Webcast. The Webcast link will be available on the registration Web page after January 13, 2016. Please visit FDA's Medical Devices News & Events—Workshops & Conferences calendar at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm. Select this meeting/public workshop from the posted events list. If you have never attended a Connect Pro event before, test your connection at https://collaboration.fda.gov/common/help/en/support/meeting_test.htm. To get a quick overview of the Connect Pro program, visit http://www.adobe.com/go/connectpro_overview. FDA has verified the Web site addresses in this document, but FDA is not responsible for any subsequent changes to the Web site after this document publishes in the Federal Register.

    Transcripts: Please be advised that as soon as a transcript is available, it will be accessible at http://www.regulations.gov. It may be viewed at the Division of Dockets Management (see ADDRESSES). A transcript will also be available in either hardcopy or on CD-ROM, after submission of a Freedom of Information request. The Freedom of Information office address is available on the Agency's Web site at http://www.fda.gov. A link to the transcripts will also be available approximately 45 days after the public workshop on the Internet at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm. (Select this public workshop from the posted events list).

    III. References

    The following references are on display in the Division of Dockets Management (see ADDRESSES) and are available for viewing by interested persons between 9 a.m. and 4 p.m., Monday through Friday; they are also available electronically at http://www.regulations.gov. FDA has verified the Web site addresses, as of the date this document publishes in the Federal Register, but Web sites are subject to change over time.

    1. Executive Order 13636, “Improving Critical Infrastructure Cybersecurity,” February 19, 2013 (http://www.thefederalregister.org/fdsys/pkg/FR-2013-02-19/pdf/2013-03915.pdf). 2. Executive Order 13691, “Promoting Private Sector Cybersecurity Information Sharing,” February 13, 2015 (http://www.thefederalregister.org/fdsys/pkg/FR-2015-02-20/pdf/2015-03714.pdf). 3. Presidential Policy Directive 21, “Critical Infrastructure Security and Resilience,” February 12, 2013 (http://www.whitehouse.gov/the-press-office/2013/02/12/presidential-policy-directive-critical-infrastructure-security-and-resil). 4. National Institute of Standards and Technology (NIST), “Framework for Improving Critical Infrastructure Cybersecurity,” version 1, February 12, 2014 (http://www.nist.gov/cyberframework/upload/cybersecurity-framework-021214-final.pdf). 5. Food and Drug Administration, “Public Workshop—Collaborative Approaches for Medical Device and Healthcare Cybersecurity, October 21-22, 2014.” October 11, 2015 (http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/ucm412979.htm). 6. “ISO/IEC 29147:2014—Information Technology—Security Techniques—Vulnerability Disclosure,” (http://www.iso.org/iso/catalogue_detail.htm?csnumber=45170). 7. Department of Homeland Security, “Frequently Asked Questions About Information Sharing and Analysis Organizations (ISAOs),” November 17, 2015 (http://www.dhs.gov/isao-faq). Dated: December 2, 2015. Peter Lurie, Associate Commissioner for Public Health Strategy and Analysis.
    [FR Doc. 2015-30772 Filed 12-4-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Meeting of the Advisory Group on Prevention, Health Promotion, and Integrative and Public Health AGENCY:

    Department of Health and Human Services, Office of the Secretary, Office of the Assistant Secretary for Health, Office of the Surgeon General of the United States Public Health Service.

    ACTION:

    Notice.

    SUMMARY:

    In accordance with Section 10(a) of the Federal Advisory Committee Act, Public Law 92-463, as amended (5 U.S.C. App.), notice is hereby given that a meeting is scheduled for the Advisory Group on Prevention, Health Promotion, and Integrative and Public Health (the “Advisory Group”). This meeting will be open to the public. Information about the Advisory Group and the agenda for this meeting can be obtained by accessing the following Web site: http://www.surgeongeneral.gov/priorities/prevention/advisorygrp/index.html.

    DATES:

    The meeting will be held on December 22, 2015. The exact meeting time will be published closer to the meeting date at: http://www.surgeongeneral.gov/priorities/prevention/advisorygrp/advisory-group-meetings.html.

    ADDRESSES:

    This meeting will be held via teleconference. Teleconference information and an exact meeting time will be published closer to the meeting date at: http://www.surgeongeneral.gov/priorities/prevention/advisorygrp/index.html.

    FOR FURTHER INFORMATION CONTACT:

    Office of the Surgeon General, 200 Independence Ave. SW.; Washington, DC 20201; 202-205-9517; [email protected].

    SUPPLEMENTARY INFORMATION:

    The Advisory Group is a non-discretionary federal advisory committee that was initially established under Executive Order 13544, dated June 10, 2010, to comply with the statutes under Section 4001 of the Patient Protection and Affordable Care Act, Public Law 111-148. The Advisory Group was established to assist in carrying out the mission of the National Prevention, Health Promotion, and Public Health Council (the Council). The Advisory Group provides recommendations and advice to the Council.

    The Advisory Group was terminated on September 30, 2012, by Executive Order 13591, dated November 23, 2011. Authority for the Advisory Group to be re-established was given under Executive Order 13631, dated December 7, 2012. Authority for the Advisory Group to continue to operate until September 30, 2017, was given under Executive Order 13708, dated September 30, 2015.

    It is authorized for the Advisory Group to consist of no more than 25 non-federal members. The Advisory Group currently has 21 members who were appointed by the President. The membership includes a diverse group of licensed health professionals, including integrative health practitioners who have expertise in (1) worksite health promotion; (2) community services, including community health centers; (3) preventive medicine; (4) health coaching; (5) public health education; (6) geriatrics; and (7) rehabilitation medicine.

    A meeting description and relevant materials will be published closer to the meeting date at: http://www.surgeongeneral.gov/priorities/prevention/advisorygrp/.

    Members of the public have the opportunity to participate in the meeting and/or provide comments to the Advisory Group on December 22, 2015. Public comment will be limited to 3 minutes per speaker. Individuals who wish to participate in the meeting and/or provide comments must register by 12:00 p.m. EST on December 15, 2015. In order to register, individuals must send their full name and affiliation via email to [email protected] Individuals who need special assistance and/or accommodations, i.e., TDD/VP or other reasonable accommodations, should indicate so when they register. Members of the public who wish to have materials distributed to the Advisory Group members at this scheduled meeting should submit those materials when they register.

    Dated: November 20, 2015. Melanie Ross, CDR, USPHS, Designated Federal Officer, Advisory Group on Prevention, Health Promotion, and Integrative and Public Health, Office of the Surgeon General.
    [FR Doc. 2015-30749 Filed 12-4-15; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Alcohol Abuse and Alcoholism; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Alcohol Abuse and Alcoholism Initial Review Group; Neuroscience Review Subcommittee (AA-4).

    Date: March 2, 2016.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: NIAAA, NIH, 5635 Fishers Lane, Terrace Level, Room 508, Rockville, MD 20852.

    Contact Person: Beata Buzas, Ph.D., Scientific Review Officer, National Institute on Alcohol Abuse and Alcoholism, National Institutes of Health, 5635 Fishers Lane, Room 2081, Rockville, MD 20852, 301-443-0800, [email protected]

    Name of Committee: National Institute on Alcohol Abuse and Alcoholism Initial Review Group; Biomedical Research Review Subcommittee (AA1).

    Date: March 8, 2016.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: NIAAA, NIH, 5635 Fishers Lane, Terrace Level, Room 508, Rockville, MD 20852.

    Contact Person: Philippe Marmillot, Ph.D., Scientific Review Officer, National Institute on Alcohol Abuse and Alcoholism, National Institutes of Health, 5635 Fishers Lane, Room 2017, Bethesda, MD 20892, 301-443-2861, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS)
    Dated: November 30, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-30719 Filed 12-4-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Cancer Institute Special Emphasis Panel; NCI P01 Meeting II.

    Date: February 2-3, 2016.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hilton Washington DC/Rockville, 1750 Rockville Pike, Rockville, MD 20852.

    Contact Person: Shakeel Ahmad, Ph.D., Scientific Review Officer, Research Programs Review Branch, Division of Extramural Activities, National Cancer Institute, 9609 Medical Center Drive, Room 7W122, Bethesda, MD 20892-9750, 240-276-6349, [email protected]

    Name of Committee: National Cancer Institute Special Emphasis Panel; NCI SPORE I Review.

    Date: February 3-4, 2016.

    Time: 8:00 a.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Bethesda North Marriott Hotel and Conference Center, 5701 Marinelli Road, Bethesda, MD 20852.

    Contact Person: Wlodek Lopaczynski, MD, Ph.D., Scientific Review Officer, Research Program Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W608, Bethesda, MD 20892-9750, 240-276-6458, [email protected]

    Name of Committee: National Cancer Institute Special Emphasis Panel; Innovative Research in Cancer Nanotechnology (IRCN).

    Date: February 25, 2016.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Bethesda North Marriott Hotel and Conference Center, 5701 Marinelli Road, Bethesda, MD 20852.

    Contact Person: Nadeem Khan, Ph.D., Scientific Review Officer, Research Technology and Contract Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W260, Bethesda, MD 20892-9750, 240-276-5856, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS)
    Dated: November 30, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-30718 Filed 12-4-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health (NIH) Prospective Grant of Start-Up Exclusive Evaluation Option License Agreement: Development and Commercialization of Aza-Epoxy Guaiane Derivatives for Treatment of Renal Cancer AGENCY:

    National Institutes of Health.

    ACTION:

    Notice.

    SUMMARY:

    This is notice, in accordance with 35 U.S.C. 209 and 37 CFR part 404, that the National Cancer Institute (NCI), National Institutes of Health, Department of Health and Human Services, is contemplating the grant of a Start-Up Exclusive Evaluation Option License Agreement to ElexiMed LLC, a company having a place of business at 5003 Green Mountain Circle, Suite 4, Columbia, MD 21044, USA, to practice the inventions embodied in the following patent applications.

    Intellectual Property—PCT Patent Application No. PCT/US2015/014601, entitled “Aza-Englerin Analogues—Novel Natural Product-Based Nitrogen-Containing Anti-Cancer Agents” filed February 5, 2015 (HHS Ref. No.: E-090-2014/2-PCT-01); US Provisional Patent Application No. 62/018,381, entitled “Aza-epoxy-guaiane derivatives and treatment of cancer” filed June 27, 2014 (HHS Ref. No. E-090-2014/1-US-01); and US Provisional Patent Application No. 61/936,285, entitled “Aza-englerin analogues and use in cancer therapy” filed February 5, 2014 (HHS Ref. No. E-090-2014/0-US-01).

    The patent rights in these inventions have been assigned to the Government of the United States of America and the University of Hawaii.

    The territory of the prospective Start-Up Exclusive Evaluation Option License Agreement may be worldwide, and the field of use may be limited to “Development and commercialization of aza-epoxy guaiane derivatives for treatment of renal cancer.”

    Upon the expiration or termination of the Start-up Exclusive Evaluation Option License Agreement, ElexiMed LLC will have the exclusive right to execute a Start-Up Exclusive Patent License Agreement which will supersede and replace the Start-up Exclusive Evaluation Option License Agreement, with no greater field of use and territory than granted in the Start-up Exclusive Evaluation Option License Agreement.

    DATES:

    Only written comments and/or applications for a license which are received by the NCI Technology Transfer Center on or before December 22, 2015 will be considered.

    ADDRESSES:

    Requests for copies of the patent application(s), inquiries, comments, and other materials relating to the contemplated Start-Up Exclusive Evaluation Option License Agreement should be directed to: Rose Freel, Ph.D., Licensing and Patenting Manager, Technology Transfer Center, National Cancer Institute, Riverside 5, Suite 400, 8490 Progress Drive, Frederick, MD 21702; telephone: 301-624-1257; Facsimile: 301-631-3027; Email: [email protected]. A signed confidentiality nondisclosure agreement will be required to receive copies of any patent applications that have not been published or issued by the United States Patent and Trademark Office or the World Intellectual Property Organization.

    SUPPLEMENTARY INFORMATION:

    This technology describes aza-englerins, synthetic analogues of the natural product Englerin A which displays potent and selective anti-cancer properties in several cancer cell lines. The aza-englerins were developed as novel cancer therapeutics and show significant bioavailability after oral administration in mice.

    The prospective Start-Up Exclusive Evaluation Option License Agreement is being considered under the small business initiative launched on October 1, 2011 and will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR part 404.7. The prospective Start-Up Exclusive Evaluation Option License Agreement and a subsequent Start-Up Exclusive Patent License Agreement may be granted unless the NCI receives written evidence and argument, within fifteen (15) days from the date of this published notice, that establishes that the grant of the contemplated Start-Up Exclusive Evaluation Option License Agreement would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR part 404.7.

    Complete applications for a license in the prospective field of use that are filed in response to this notice will be treated as objections to the grant of the contemplated Start-Up Exclusive Evaluation Option License Agreement. Comments and objections submitted to this notice will not be made available for public inspection and, to the extent permitted by law, will not be released under the Freedom of Information Act, 5 U.S.C. 552.

    Dated: December 2, 2015. Richard U. Rodriguez, Associate Director, Technology Transfer Center, National Cancer Institute.
    [FR Doc. 2015-30752 Filed 12-4-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Biomedical Imaging and Bioengineering; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the National Advisory Council for Biomedical Imaging and Bioengineering.

    The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and/or contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications and/or contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Advisory Council for Biomedical Imaging and Bioengineering, NACBIB, January, 2016.

    Date: January 21, 2016.

    Open: 8:30 a.m. to 12:00 p.m.

    Agenda: Report from the Institute Director, other Institute Staff and Scientific Presentations.

    Place: The William F. Bolger Center, Franklin Building, Classroom 1, 9600 Newbridge Drive, Potomac, MD 20854.

    Closed: 1:00 p.m. to 3:30 p.m.

    Agenda: To review and evaluate grant applications and/or proposals.

    Place: The William F. Bolger Center, Franklin Building, Classroom 1, 9600 Newbridge Drive, Potomac, MD 20854.

    Contact Person: David George, Ph.D., Acting Associate Director, Office of Research Administration, National Institute of Biomedical Imaging and Bioengineering, 6707 Democracy Boulevard, Room 920, Bethesda, MD 20892.

    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.

    Information is also available on the Institute's/Center's home page: http://www.nibib1.nih.gov/about/NACBIB/NACBIB.htm, where an agenda and any additional information for the meeting will be posted when available.

    Dated: December 2, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-30750 Filed 12-4-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Aging; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the National Advisory Council on Aging.

    The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Advisory Council on Aging.

    Date: January 19-20, 2016.

    Closed: January 19, 2016, 3:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Building 31, C Wing 6th Floor, Conference Room 10, 9000 Rockville Pike, Bethesda, MD 20892.

    Open: January 20, 2016, 8:00 a.m. to 1:30 p.m.

    Agenda: Call to order and report from the Director; discussion of future meeting dates; consideration of minutes of last meeting; reports from Task Force on Minority Aging Research, Council of Councils, Working Group on Program; Council Speaker; Program Highlights; Intramural Program Report.

    Place: National Institutes of Health, Building 31 C Wing 6th Floor, Conference Room 10, 9000 Rockville Pike, Bethesda, MD 20892.

    Closed: January 20, 2016, 1:30 p.m. to 2:00 p.m.

    Agenda: To review and evaluate the Intramural Research Program.

    Place: National Institutes of Health, Building 31 C Wing 6th Floor, Conference Room 10, 9000 Rockville Pike, Bethesda, MD 20892.

    Contact Person: Robin Barr, Ph.D., Director, National Institute on Aging, Office of Extramural Activities, Gateway Building, 7201 Wisconsin Avenue, Bethesda, MD 20814, (301) 496-9322, [email protected]

    Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.

    In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit.

    Information is also available on the Institute's/Center's home page: www.nih.gov/nia/naca/, where an agenda and any additional information for the meeting will be posted when available.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)
    Dated: December 2, 2015. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-30751 Filed 12-4-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5831-N-59] 30-Day Notice of Proposed Information Collection: Mortgagee's Certification of Fees and Escrow and Security Bond Against Defects AGENCY:

    Office of the Chief Information Officer, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD has submitted the proposed information collection requirement described below to the Office of Management and Budget (OMB) for review, in accordance with the Paperwork Reduction Act. The purpose of this notice is to allow for an additional 30 days of public comment.

    DATES:

    Comments Due Date: January 6, 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: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806. Email: [email protected].

    FOR FURTHER INFORMATION CONTACT:

    Colette Pollard, Reports Management Officer, QMAC, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; email Colette Pollard at [email protected] or telephone 202-402-3400. 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:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.

    The Federal Register notice that solicited public comment on the information collection for a period of 60 days was published on September 21, 2015 at 80 FR 57011.

    A. Overview of Information Collection

    Title of Information Collection: Mortgagee's Certification of Fees and Escrow and Security Bond Against Defects.

    OMB Approval Number: 2502-0468.

    Type of Request: Extension of a currently approved collection.

    Form Number: HUD-93259, HUD-2432.

    Description of the need for the information and proposed use: The information collection is legally required to collect information to evaluate the character, ability, and capital or the sponsor, mortgagor, and general contractor for mortgage insurance.

    Respondents: 1,070.

    Estimated Number of Respondents: 1,070.

    Estimated Number of Responses: 2,000.

    Frequency of Response: 1.

    Average Hours per Response: 1.

    Total Estimated Burdens: 1,050.

    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:

    12 U.S.C. 1701z-1 Research and Demonstrations.

    Dated: November 27, 2015. Colette Pollard, Department Reports Management Officer, Office of the Chief Information Officer.
    [FR Doc. 2015-30796 Filed 12-4-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5838-N-09] Notice of Proposed Information Collection for: Information Resource Center Customer Satisfaction Survey AGENCY:

    Office of the Assistant Secretary for Public and Indian Housing, PIH, 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: February 5, 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:

    Arlette Mussington, Office of Policy, Programs and Legislative Initiatives, PIH, Department of Housing and Urban Development, 451 7th Street SW., (L'Enfant Plaza, Room 2206), Washington, DC 20410; telephone 202-402-4109, (this is not a toll-free number). Persons with hearing or speech impairments may access this number via TTY by calling the Federal Information Relay Service at (800) 877-8339. Copies of available documents submitted to OMB may be obtained from Ms. Mussington.

    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: Information Resource Center Customer Satisfaction Survey.

    OMB Approval Number: Pending OMB Approval.

    Type of Request: New Collection.

    Form Number: N/A.

    Description of the need for the information and proposed use: The information will be used by Public and Indian Housing to rate the customer satisfaction of the users of the Information Resource Center. Collection of this information is needed to ensure that the customers using the IRC are receiving the correct and useful information that addresses their concerns when they call in for information. The Information Resource Center provides technical assistance, primarily in the form of general information, to provide access to resources of federal, public, Indian and assisted housing programs of the Department of Housing and Urban Development. This service is provided through a multi-channel contact center with inquires received and responded to via phone, email, mail and fax.

    Respondents: Individuals or households, State, Tribal or local governments.

    Estimated Number of Respondents: 10,800.

    Estimated Number of Responses: 10,800.

    Frequency of Response: 1.

    Average Hours per Response: 1 minute.

    Total Estimated Burdens: 10,800.

    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.

    Date: November 25, 2015. Merrie Nichols-Dixon, Deputy Director, Office of Policy, Programs and Legislative Initiatives.
    [FR Doc. 2015-30797 Filed 12-4-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5831-N-60] 30-Day Notice of Proposed Information Collection: Mark-to-Market Program: Requirements for Community-Based Non-Profit Organizations and Public Agencies AGENCY:

    Office of the Chief Information Officer, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD has submitted the proposed information collection requirement described below to the Office of Management and Budget (OMB) for review, in accordance with the Paperwork Reduction Act. The purpose of this notice is to allow for an additional 30 days of public comment.

    DATES:

    Comments Due Date: January 6, 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: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806. Email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Colette Pollard, Reports Management Officer, QMAC, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; email Colette Pollard at [email protected] or telephone 202-402-3400. 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:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.

    The Federal Register notice that solicited public comment on the information collection for a period of 60 days was published on September 25, 2015 at 80 FR 57848.

    A. Overview of Information Collection

    Title of Information Collection: Mark-to-Market Program: Requirements for Community-Based Non-Profit Organizations and Public Agencies.

    OMB Approval Number: 2502-0563.

    Type of Request: Extension of a currently approved collection.

    Form Number: None.

    Description of the need for the information and proposed use: Provides proof of tenant endorsement of entity proposing to purchase restructured property and obtain modification, assignment, or forgiveness of second mortgage and/or third mortgage debt.

    Respondents: Non-profits/public agencies and tenants/heads of households.

    Estimated Number of Respondents: 371.

    Estimated Number of Responses: 371.

    Frequency of Response: 1.

    Average Hours per Response: 10 (non-profits/public agencies); 1 (tenants/heads of households).

    Total Estimated Burdens: 398.

    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:

    12 U.S.C. 1701z-1 Research and Demonstrations.

    Dated: December 1, 2015. Colette Pollard, Department Reports Management Officer, Office of the Chief Information Officer.
    [FR Doc. 2015-30795 Filed 12-4-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-HQ-MB-2015-N230; FF09M21200-156-FXMB1231099BPP0] Information Collection Request Sent to the Office of Management and Budget (OMB) for Approval; Control and Management of Resident Canada Geese AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice; request for comments.

    SUMMARY:

    We (U.S. Fish and Wildlife Service) have sent an Information Collection Request (ICR) to OMB for review and approval. We summarize the ICR below and describe the nature of the collection and the estimated burden and cost. This information collection is scheduled to expire on December 31, 2015. We 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. However, under OMB regulations, we may continue to conduct or sponsor this information collection while it is pending at OMB.

    DATES:

    You must submit comments on or before January 6, 2016.

    ADDRESSES:

    Send your comments and suggestions on this information collection to the Desk Officer for the Department of the Interior at OMB-OIRA at (202) 395-5806 (fax) or [email protected] (email). Please provide a copy of your comments to the Service Information Collection Clearance Officer, U.S. Fish and Wildlife Service, MS BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803 (mail), or [email protected] (email). Please include “1018-0133” in the subject line of your comments.

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this ICR, contact Hope Grey at [email protected] (email) or 703-358-2482 (telephone). You may review the ICR online at http://www.reginfo.gov. Follow the instructions to review Department of the Interior collections under review by OMB.

    SUPPLEMENTARY INFORMATION: Information Collection Request

    OMB Control Number: 1018-0133.

    Title: Control and Management of Resident Canada Geese, 50 CFR 20.21, 21.49, 21.50, 21.51, 21.52, and 21.61.

    Service Form Number: None.

    Type of Request: Extension of a currently approved collection.

    Description of Respondents: State fish and wildlife agencies, tribes, and local governments; airports; landowners; and farms.

    Respondent's Obligation: Required to obtain or retain a benefit.

    Frequency of Collection: Annually.

    Activity Number of
  • respondents
  • Number of
  • responses
  • Completion time per
  • response
  • Total annual burden hours *
    21.49—Airport Control Order—Annual Report 50 50 1.5 hours 76 21.50—Nest and Egg Depredation Order—Initial Registration 1,000 1,000 30 minutes 500 21.50—Nest and Egg Depredation Order—Renew Registration 3,000 3,000 15 minutes 751 21.50—Nest and Egg Depredation Order—Annual Report 4,000 4,000 15 minutes 1,000 21.51—Agricultural Depredation Order—Recordkeeping 600 600 30 minutes 300 21.51—Agricultural Depredation Order—Annual Report 20 20 8 hours 160 21.52—Public Health Control Order—Annual Report 20 20 1 hour 20 21.49, 21.50, 21.51, and 21.52—Report Take of Endangered Species 2 2 15 minutes 1 21.61—Population Control Approval Request—Recordkeeping and Annual Report 3 3 24 hours 72 21.61—Population Control Approval Request—Population Estimates 3 3 160 hours 4,80 Totals 8,698 8,698 3,360 * Rounded.

    Estimated Annual Nonhour Burden Cost: None.

    Abstract: The Migratory Bird Treaty Act prohibits the take, possession, import, export, transport, sale, purchase, or bartering of migratory birds or their parts except as permitted under the terms of a valid permit or as permitted by regulations. In 2006, we issued regulations establishing two depredation orders and three control orders that allow State and tribal wildlife agencies, private landowners, and airports to conduct resident Canada goose population management, including the take of birds. We monitor the data collected for activities under these orders and may rescind an order if monitoring indicates that activities are inconsistent with conservation of Canada geese.

    Control order for airports. Our regulations at 50 CFR 21.49 allow managers at commercial, public, and private airports and military airfields and their employees or agents to implement management of resident Canada geese to resolve or prevent threats to public safety. An airport must be part of the National Plan of Integrated Airport Systems and have received Federal grant-in-aid assistance or be a military airfield under the jurisdiction, custody, or control of the Secretary of a military department. Each facility exercising the privileges of the order must submit an annual report with the date, numbers, and locations of birds, nests, and eggs taken.

    Depredation order for nests and eggs. Our regulations at 50 CFR 21.50 allow private landowners and managers of public lands to destroy resident Canada goose nests and eggs on property under their jurisdiction, provided they register annually on our Web site at https://epermits.fws.gov/eRCGR. Registrants must provide basic information, such as name, address, phone number, and email, and identify where the control work will occur and who will conduct it. Registrants must return to the Web site to report the number of nests with eggs they destroyed.

    Depredation order for agricultural facilities. Our regulations at 50 CFR 21.51 allow States and tribes, via their wildlife agencies, to implement programs to allow landowners, operators, and tenants actively engaged in commercial agriculture to conduct damage management control when geese are committing depredations, or to resolve or prevent other injury to agricultural interests. State and tribal wildlife agencies in the Atlantic, Central, and Mississippi Flyway portions of 41 States may implement the provisions of the order. Each implementing agricultural producer must maintain a log of the date and number of birds taken under this authorization. Each State and tribe exercising the privileges of the order must submit an annual report of the numbers of birds, nests, and eggs taken, and the county or counties where take occurred.

    Public health control order. Our regulations at 50 CFR 21.52 authorize States and tribes of the lower 48 States to conduct (via the State or tribal wildlife agency) resident Canada goose control and management activities when the geese pose a direct threat to human health. States and tribes operating under this order must submit an annual report summarizing activities, including the numbers of birds taken and the county where take occurred.

    Population control. Our regulations at 50 CFR 21.61 establish a managed take program to reduce and stabilize resident Canada goose populations when traditional and otherwise authorized management measures are not successful or feasible. A State or tribal wildlife agency in the Atlantic, Mississippi, or Central Flyway may request approval for this population control program. If approved, the State or tribe may use hunters to harvest resident Canada geese during the month of August. Requests for approval must include a discussion of the State's or tribe's efforts to address its injurious situations using other methods, or a discussion of the reasons why the methods are not feasible. If the Service Director approves a request, the State or tribe must (1) keep annual records of activities carried out under the authority of the program, and (2) provide an annual summary, including number of individuals participating in the program and the number of resident Canada geese shot. Additionally, participating States and tribes must monitor the spring breeding population by providing an annual estimate of the breeding population and distribution of resident Canada geese in their State.

    Our regulations at 50 CFR 21.49, 21.50, 21.51, and 21.52 require that persons or entities operating under the depredation and control orders must immediately report the take of any species protected under the Endangered Species Act (ESA). This information ensures that the incidental take limits authorized under section 7 of the ESA are not exceeded.

    Comments Received and Our Responses

    On August 18, 2015, we published in the Federal Register (80 FR 50021) a notice of our intent to request that OMB renew approval for this information collection. In that notice, we solicited comments for 60 days, ending on October 19, 2015. We received one comment. The commenter objected to the taking of Canada geese, but did not address the information collection requirements. We did not make any changes to our requirements as a result of this comment.

    Request for Public Comments

    We again invite comments concerning this information collection on:

    • Whether or not the collection of information is necessary, including whether or not the information will have practical utility;

    • The accuracy of our estimate of the burden for this collection of information;

    • Ways to enhance the quality, utility, and clarity of the information to be collected; and

    • Ways to minimize the burden of the collection of information on respondents.

    Comments that you submit in response to this notice are a matter of public record. 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 OMB and us in your comment to withhold your personal identifying information from public review, we cannot guarantee that it will be done.

    Dated: December 1, 2015. Tina A. Campbell, Chief, Division of Policy, Performance, and Management Programs, U.S. Fish and Wildlife Service.
    [FR Doc. 2015-30696 Filed 12-4-15; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [167 A2100DD/AAKC001030/A0A501010.999900] Sovereignty in Indian Education AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice of availability and request for proposals.

    SUMMARY:

    The Bureau of Indian Education (BIE) announces the availability of enhancement funds to tribes and their tribal education departments (TEDs) to promote tribal control and operation of BIE-funded schools on their reservations. This notice invites tribes with at least one BIE-funded school on their reservation/Indian land to submit grant proposals.

    DATES:

    Grant proposals must be received by December 18, 2015, at 4:00 p.m. Eastern Time. BIE will hold pre-grant proposal training sessions. See SUPPLEMENTARY INFORMATION section for more information.

    ADDRESSES:

    Complete details on requirements for proposals and the evaluation and selection process can be found on the BIE Web site at http://www.bie.edu. Submit grant applications to: Bureau of Indian Education, Attn: Wendy Greyeyes, 1849 C Street NW., MS-4655-MIB, Washington, DC 20240. Email submissions will be accepted at this address: [email protected]. Limit email submissions to attachments compatible with Microsoft Office Word 2007 or later and files with a .pdf file extension. Emailed submissions may not exceed 3MB total in size. Fax submissions are NOT acceptable.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Wendy Greyeyes, Bureau of Indian Education, Office of the Director, Washington, DC 20240, (202) 208-5810.

    SUPPLEMENTARY INFORMATION: A. Background

    In 2013, the Secretary of the Interior and the Secretary of Education convened an American Indian Education Study Group (Study Group) to diagnose the systemic challenges facing the BIE and to propose a comprehensive plan for reform to ensure all students attending BIE-funded schools receive a world-class education. The Study Group drafted a framework for reform based on several listening sessions in the fall of 2013 with tribal leaders, Indian educators and others throughout Indian Country on how to facilitate tribal sovereignty in American Indian education and how to improve educational outcomes for students at BIE-funded schools. Overall, the Study Group met with nearly 400 individuals and received nearly 200 comments that helped it prepare the draft framework for educational reform that became the subject of four tribal consultation sessions held in April and May of 2014. These efforts resulted in the Blueprint for Reform, which was released by the Department of the Interior (DOI) on June 13, 2014.

    Acting on the recommendations in the Blueprint for Reform, BIE will award enhancement funds to tribes and their tribal education agencies to promote tribal control and operation of BIE-funded schools on their Indian reservations. The purpose of these enhancements is to support the tribes' capacity to manage and operate tribally controlled schools as defined in the Tribally Controlled Schools Act of 1988 (Pub. L. 100-297). These funds will: (a) Support the development of a school-reform plan to improve educational outcomes for students, and: (b) improve efficiencies and effectiveness in the operation of BIE-funded schools within a reservation.

    Enhancement funding is a two-year program, and awards will range from $100,000 to $200,000 per fiscal year. The amounts are dependent on the number of schools involved, number of students, complexity of creating a new tribally managed school system and the tribe's technical approach. Tribes with at least one Bureau-funded school on or near their reservation are eligible for these funds. These enhancements will provide funds for the tribe to:

    • Develop an implementation plan that will reform a tribe's current organizational structure toward an expert and independent Tribal Education Department that will support schools and students;

    • Cover the execution of the implementation plan with identified staffing, projected timelines, proposed budgets, and activities; and

    • Research an alternative definition of adequate yearly progress (AYP) which is optional for applicants.

    BIE is seeking proposals from tribes that support efforts to take control and operate BIE-funded schools located on the tribe's reservation. Each proposal must include a project narrative, a budget narrative, a work plan outline, and a Project Director to manage the execution of the grant. Project Directors will participate in monthly collaboration meetings, submit quarterly budget updates, ensure an annual report is submitted at the end of each project year, and ultimately ensure that the tribal education department fulfills the obligations of the grant. Complete details on requirements for proposals and the evaluation and selection process can be found on the BIE Web site at the address in the ADDRESSES section of this notice. In addition, BIE will hold pre-grant proposal training as noted below:

    BIE Pre-Grant Proposal Training Activity Date Webinar 11 a.m. (ET) December 8, 2015. To register go to: https://dcma100.webex.com/dcma100/k2/j.php?MTID=t6394cada3bc9d9b28993ecb06b7e8ecd and register. Webinar 4 p.m. (ET) December 11, 2015. To register go to: https://dcma100.webex.com/dcma100/k2/j.php?MTID=t6cbc6c13d4aeab46fd3e93caa597b394 and register. Grant application submissions due December 18, 2015, 4 p.m. (ET) Final implementation due August 26, 2016. Final Presentations August 31, 2016.

    The grant proposal is due December 18, 2015, at 4:00 p.m. Eastern Time. The proposal should be packaged for delivery to permit timely arrival. The proposal package should be sent or hand delivered to the address in the ADDRESSES section of this notice.

    Faxed applications will NOT be accepted. Email submissions will be accepted at the address in the ADDRESSES section of this notice. Email submissions are limited to attachments compatible with Microsoft Office Word 2007 or later or files with a .pdf file extension. Emailed submissions shall not exceed 3MB total in size.

    Proposals submitted by Federal Express or Express Mail should be sent two or more days prior to the closing date. The proposal package should be sent to the address shown in the ADDRESSES section of this notice. The tribe is solely responsible for ensuring its proposal arrives in a timely manner.

    The information collection requirements contained in this notice have been approved by the Office of Management and Budget (OMB) under 44 U.S.C. 3504(h). The OMB control number is 1076-0182. The authorization expires on March 31, 2018. An agency may not sponsor, and you are not required to respond to, any information collection that does not display a currently valid OMB Control Number.

    The information collected is used to determine whether a tribe is eligible for the Sovereignty in Indian Education Grant and to determine whether the tribe is using the funding for the stated purpose of promoting tribal sovereignty in BIE-funded schools. The information is supplied by the respondents to obtain and/or retain a benefit. The public reporting burden is estimated to be between 1 and 40 hours per response. This includes the time needed to understand the requirements; gather the information; complete the proposal, quarterly budget reports, and the annual report; and submit to the Department. Comments regarding the burden or other aspects of the information collection may be directed to the Information Collection Clearance Officer—Indian Affairs, 1849 C Street NW., MS-3642, Washington, DC 20240.

    Dated: November 20, 2015. Kevin K. Washburn, Assistant Secretary—Indian Affairs.
    [FR Doc. 2015-30806 Filed 12-4-15; 8:45 am] BILLING CODE 4337-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [167A2100DD/AAKC001030/A0A501010.999900 253G] Notice of Intent To Prepare a Programmatic Environmental Impact Statement for the Proposed Integrated Resource Management Plan for the Nez Perce Reservation in North Central Idaho AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice of intent.

    SUMMARY:

    This notice advises the public that the Bureau of Indian Affairs (BIA) as lead agency intends to prepare a programmatic environmental impact statement (PEIS) and conduct public scoping meetings to evaluate potential environmental impacts of the proposed Integrated Resource Management Plan (IRMP) for the Nez Perce Reservation located in north central Idaho. The PEIS will be prepared in accordance with the requirements of the National Environmental Policy Act (NEPA).

    DATES:

    The dates and locations of public scoping meetings will be published in the Lewiston Tribune, Moscow-Pullman Daily News, Ta'c Tito'oqan, Clearwater Tribune, Idaho County Free Press, Lewis County Herald, The Clearwater Progress, and Cottonwood Chronicle. Additional information will also be posted on the Tribe's Web site at www.nezperce.org. Written comments to this notice must be received by February 5, 2016.

    ADDRESSES:

    The public is invited to submit written comments to this Notice. Written comments may be submitted by mail, email, hand carry, or fax to: Ms. Anna Schmidt, Wildlife Biologist, BIA Northwest Regional Office, 911 NE. 11th Avenue, Portland, OR 97232-4169, Phone: (503) 231-6808, Fax: (503) 231-6774, Email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Ms. Anna Schmidt at (503) 231-6808 or [email protected]

    SUPPLEMENTARY INFORMATION:

    The proposed action is the preparation of an IRMP for the Nez Perce Reservation and BIA approval of long-term natural and cultural resource planning goals and objectives for the Nez Perce Reservation. The Tribe may use the Programmatic EIS (PEIS) for tiered, project-specific environmental assessments to cover specific actions as the IRMP is implemented. The Tribe has managed its natural and cultural resources under the goals and objectives of various department-specific plans under the direction of the Nez Perce Tribal Executive Committee. The PEIS will consider a proposed strategy in the IRMP to provide a framework for all Nez Perce Tribal agencies to manage natural and cultural resources within the Nez Perce Reservation.

    It is anticipated that the PEIS will assess four management strategy alternatives and a No Action Alternative. Under the Maximum Resource Development Alternative, the Tribe's resource management strategy would be to maximally promote human land uses, growth, and the use of natural and cultural resources to generate revenue for the Tribe. Under the Development Emphasis Alternative, the Tribe's resource management strategy would be to emphasize human land use, growth, and the use of natural and cultural resources to generate revenue for the Tribe, while ensuring a moderate level of natural and cultural resource conservation, protection, and enhancement. Under the Conservation Emphasis Alternative, the Tribe's resource management strategy would be to emphasize natural and cultural resource conservation, protection, and enhancement, while ensuring a moderate level of human land use, growth, and the use of natural and cultural resources to generate revenue for the Tribe. Under the Maximum Conservation Alternative, the Tribe's resource management strategy would be to maximally promote natural and cultural resource conservation, protection, and enhancement. Under the No Action Alternative, the existing resource management strategies will be assessed. Additional strategies or alternatives or variations of those proposed above may be developed as a result of public scoping. Significant issues to be covered during the scoping process may include, but will not be limited to, air quality, geology and soils, surface and groundwater resources, wildlife habitat, threatened and endangered species, cultural resources, socioeconomic conditions, land use, aesthetics, and Indian trust resources.

    Directions for Submitting Public Comments: Please include your name, return address, and the caption “ `Programmatic EIS, Nez Perce Reservation IRMP' ” on the first page of any written comments you submit. You may also submit comments at the public scoping meetings. The public scoping meetings will be held to seek comments from all parties concerning the use of natural and cultural resources on the Nez Perce Reservation, concerns regarding impacts to those resources, and preferred management strategies. The meetings will be held at various Nez Perce Reservation communities, and notices will be published in the Lewiston Tribune, Moscow-Pullman Daily News, Ta'c Tito'oqan, Clearwater Tribune, Idaho County Free Press, Lewis County Herald, the Clearwater Progress, and Cottonwood Chronicle. Additional information will also be posted at the Tribe's Web site at www.nezperce.org.

    Public Comment Availability: Comments, including names and addresses of respondents, will be available for public review at the BIA address shown in the ADDRESSES section of this notice, during regular business hours, Monday through Friday, except holidays. 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:

    This notice is published in accordance with sections 1503.1 of the Council on Environmental Quality Regulations (40 CFR parts 1500 through 1508) and Sec. 46.305 of the Department of the Interior Regulations (43 CFR part 46), implementing the procedural requirements of NEPA, as amended (42 U.5.C. 4321 et seq.), and is in the exercise of authority delegated to the Assistant Secretary—Indian Affairs, by part 209 of the Departmental Manual.

    Dated: November 30, 2015. Kevin K. Washburn, Assistant Secretary—Indian Affairs.
    [FR Doc. 2015-30805 Filed 12-4-15; 8:45 am] BILLING CODE 4337-15-P
    INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO Privacy Act of 1974; Establishment of a New System of Records AGENCY:

    United States Section, International Boundary and Water Commission (USIBWC), United States and Mexico.

    ACTION:

    Proposed establishment of a new Privacy Act system of records.

    SUMMARY:

    In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), the USIBWC is issuing public notice of its intent to modify an existing Privacy Act system of records notice, DOI-85, “Payroll, Attendance, Retirement, and Leave Records.” The revisions will update the categories of individuals covered by the system, categories of records in the system, routine uses of records maintained in the system, retrievability of records, records' safeguards, retention and disposition of records, and record source categories.

    DATES:

    Comments must be received by January 2, 2016.

    ADDRESSES:

    Any persons interested in commenting on these proposed amendments may do so by submitting comments in writing to the Legal Department, Senior Agency Officer for Privacy, Matthew Myers, U.S. IBWC, 4171 N. Mesa, C-100, El Paso, TX 79902, or by email to [email protected].

    FOR FURTHER INFORMATION CONTACT:

    Z. Mora, Chief, Information Management Division, Administration Department, 4171 N. Mesa, C-100, El Paso, TX 79902 or by email at [email protected].

    SUPPLEMENTARY INFORMATION:

    The Office of the Secretary of the Department of the Interior is proposing to amend the system notice for DOI-85, “Payroll, Attendance, Retirement, and Leave Records” to update the categories of individuals covered by the system, categories of records in the system, routine uses of records maintained in the system, retrievability of records, records' safeguards, retention and disposition of records, and record source categories to reflect changes that have occurred since the notice was last published. These amendments will be effective as proposed at the end of the comment period unless comments are received which would require a contrary determination. The USIBWC will publish a revised notice if changes are made based upon a review of comments received.

    Dated: October 28, 2015. Matthew Myers, Chief Counsel/Secretary Acting Privacy Act Officer. SYSTEM NAME:

    Payroll, Attendance, Retirement, and Leave Records—Interior, DOI-85.

    SYSTEM LOCATION:

    (1) Personnel and Payroll Systems Division, National Business Center, U.S. Department of the Interior, 7201 West Mansfield Avenue, MS D-2400, Denver, CO 80235-2230.

    (2) All Departmental offices and locations which prepare and provide input documents and information for data processing and administrative actions.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    (1) Current and former employees of the USIBWC

    (2) Current and former emergency workers (“casuals”) of the USIBWC (emergency workers).

    (3) Volunteers within the USIBWC (volunteers).

    (4) Contractors within the USIBWC (contractors).

    CATEGORIES OF RECORDS IN THE SYSTEM:

    Emergency worker name, emergency worker address, emergency worker phone numbers, emergency worker Social Security Number and organizational code; contractor name, contractor Social Security Number, contractor organization; employee name, employee address, employee phone numbers, employee emergency contact information (including name, address and phone number), employee Social Security Number and organizational code; employee common identifier (ECI), pay rate, grade, length of service, individual's pay and leave records; source documents for posting time and leave attendance; allowances, and cost distribution records; deductions for Medicare, Old Age, Survivors, and Disability Insurance (OASDI, also known as Social Security), bonds, Federal Employees Group Life Insurance (FEGLI), union dues, taxes, allotments, quarters, retirement, charities, health benefits, Flexible Spending Account, Long Term Care, Thrift Savings Fund contributions, awards, shift schedules, and pay differentials, tax lien data, commercial garnishments, child support and/or alimony wage assignments; and related payroll and personnel data. Also included is information on debts owed to the government as a result of overpayment, refunds owed, or a debt referred for collection on a transferred employee or emergency worker. The payroll, attendance, retirement, and leave records described in this notice form a part of the information contained in the Department of the Interior's integrated Federal Personnel and Payroll System (FPPS). Personnel records contained in the FPPS are covered under the government-wide system of records notice published by the Office of Personnel Management (OPM/GOVT-1) and the Department-wide system of records notice, DOI-79, “Interior Personnel Records.”

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    5 U.S.C. 5101, et seq.; 31 U.S.C. 3512.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

    The primary uses of the records are for fiscal operations for payroll, time and attendance, leave, insurance, tax, retirement, debt, budget, and cost accounting programs; to prepare related reports to other Federal agencies including the Department of the Treasury and the Office of Personnel Management; for reporting purposes by the DOI component for which the employee works or the agency for which the DOI emergency worker works; and for human capital management purposes.

    Disclosure outside the Department of the Interior may be made:

    (1) To the Department of the Treasury for preparation of payroll (and other) checks and electronic funds transfers to Federal, State, and local government agencies, non-governmental organizations, and individuals.

    (2) To the Internal Revenue Service and to State, local, tribal, and territorial governments for tax purposes.

    (3) To the Office of Personnel Management or its contractors in connection with programs administered by that office, including, but not limited to, the Federal Long Term Care (LTC) Insurance Program, the Federal Dental and Vision Insurance Program (FEDVIP), the Flexible Spending Accounts for Federal Employees Program (FSAFEDS), and the electronic Human Resources Information Program (EHRI).

    (4) To another Federal agency to which an employee or DOI emergency worker has transferred or in which a DOI volunteer transfers in a volunteer capacity.

    (5) (a) To any of the following entities or individuals, when the circumstances set forth in paragraph (b) are met:

    (i) The U.S. Department of Justice (DOJ);

    (ii) A court or an adjudicative or other administrative body;

    (iii) A party in litigation before a court or an adjudicative or other administrative body; or

    (iv) Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private Representation of the employee;

    (b) When:

    (i) One of the following is a party to the proceeding or has an interest in the proceeding:

    (A) DOI or any component of DOI;

    (B) Any other Federal agency appearing before the Office of Hearings and Appeals;

    (C) Any DOI employee acting in his or her official capacity;

    (D) Any DOI employee acting in his or her individual capacity if DOI or DOJ has agreed to represent that employee or pay for private representation of the employee;

    (E) The United States, when DOJ determines that DOI is likely to be affected by the proceeding; and

    (ii) DOI deems the disclosure to be:

    (A) Relevant and necessary to the proceeding; and

    (B) Compatible with the purpose for which the records were compiled.

    (6) To any criminal, civil, or regulatory law enforcement authority (whether federal, state, territorial, local, tribal or foreign) when a record, either alone or in conjunction with other information, indicates a violation or potential violation of law—criminal, civil, or regulatory in nature, and the disclosure is compatible with the purpose for which the records were compiled.

    (7) To a congressional office in response to a written inquiry that an individual covered by the system, or the heir of such individual if the covered individual is deceased, has made to the office.

    (8) To Federal, State or local agencies where necessary to enable the employee's, DOI emergency worker's, or DOI volunteer's agency to obtain information relevant to the hiring or retention of that employee, DOI emergency worker, or DOI volunteer, or the issuance of a security clearance, contract, license, grant or other benefit.

    (9) To appropriate Federal and State agencies to provide required reports including data on unemployment insurance.

    (10) To the Social Security Administration to credit the employee's or emergency worker's account for OASDI and Medicare deductions.

    (11) To labor unions to report union dues deductions.

    (12) To employee or emergency worker associations to report dues deductions.

    (13) To insurance carriers to report employee or DOI emergency worker election information and withholdings for health insurance.

    (14) To charitable institutions to report contributions.

    (15) To a Federal agency for the purpose of collecting a debt owed the Federal government through administrative or salary offset.

    (16) To disclose debtor information to the Internal Revenue Service or to another Federal agency or its contractor solely to aggregate information for the Internal Revenue Service to collect debts owed to the Federal government through the offset of tax refunds.

    (17) To any creditor Federal agency seeking assistance for the purpose of that agency implementing administrative or salary offset procedures in the collection of unpaid financial obligations owed the United States Government from an individual.

    (18) To any Federal agency where the individual debtor is employed or receiving some form of remuneration for the purpose of enabling that agency to collect debts on the employee's behalf by administrative or salary offset procedures under the provisions of the Debt Collection Act of 1982.

    (19) To disclose information to the Internal Revenue Service, and state and local authorities for the purposes of locating a debtor to collect a claim against the debtor.

    (20) With respect to Bureau of Indian Affairs employee or DOI emergency worker records, to a Federal, State, local agency, or Indian tribal group or any establishment or individual that assumes jurisdiction, either by contract or legal transfer, of any program under the control of the Bureau of Indian Affairs.

    (21) With respect to Bureau of Reclamation employee or DOI emergency worker records, to non-Federal auditors under contract with the Department of the Interior or Energy or water user and other organizations with which the Bureau of Reclamation has written agreements permitting access to financial records to perform financial audits.

    (22) To the Federal Retirement Thrift Investment Board's record keeper which administers the Thrift Savings Plan to report deductions, contributions and loan payments.

    (23) To disclose the names, Social Security Numbers, home addresses, dates of birth, dates of hire, quarterly earnings, employer identifying information and state of hire of employees or emergency workers to the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services for the purposes of locating individuals to establish paternity, establishing and modifying orders of child support, identifying sources of income, and for other child support enforcement actions as required by the Personal Responsibility and Work Opportunity Reconciliation Act (Welfare Reform Law, Pub. L. 104-193).

    (24) To a commercial contractor to provide employment and income data for use in employment verifications, unemployment claims, and W-2 services.

    (25) To OPM's Employee Express system to allow employees a self-service capability to initiate personnel and payroll actions and to obtain payroll information.

    (26) To the Department of Labor for processing claims for employees, DOI emergency workers, or DOI volunteers injured on the job or claiming occupational illness.

    (27) To support interfaces to other systems operated by the Federal agencies for which the employee or DOI emergency worker works, or a DOI volunteer volunteers, for the purpose of avoiding duplication, increasing data integrity and streamlining government operations.

    (28) To an official of another federal agency to provide information needed in the performance of official duties related to reconciling or reconstructing data files or to enable that agency to respond to an inquiry by the individual to whom the record pertains.

    (29) To representatives of the National Archives and Records Administration to conduct records management inspections under the authority of 44 U.S.C. 2904 and 2906.

    (30) To an expert, consultant, or contractor (including employees of the contractor) of DOI that performs services requiring access to these records on DOI's behalf to carry out the purposes of the system.

    (31) To the Office of Management and Budget during the coordination and clearance process in connection with legislative affairs as mandated by OMB Circular A-19.

    (32) To appropriate agencies, entities, and persons when:

    (a) It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised; and

    (b) The Department has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interest, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and

    (c) The disclosure is made to such agencies, entities and persons who are reasonably necessary to assist in connection with the Department's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

    (33) To federal, state, territorial, local, tribal, or foreign agencies that have requested information relevant or necessary to the hiring, firing or retention of an employee or contractor, or the issuance of a security clearance, license, contract, grant or other benefit, when the disclosure is compatible with the purpose for which the records were compiled.

    (34) To state and local governments and tribal organizations to provide information needed in response to court order and/or discovery purposes related to litigation, when the disclosure is compatible with the purpose for which the records were compiled.

    (35) To the Department of the Treasury to recover debts owed to the United States.

    (36) To the news media when the disclosure is compatible with the purpose for which the records were compiled.

    DISCLOSURE TO CONSUMER REPORTING AGENCIES:

    Disclosure pursuant to 5 U.S.C. 552a(b)(12). Disclosures may be made from this system to consumer reporting agencies as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Act of 1966 (31 U.S.C. 3701(a)(3)).

    POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:

    Records are maintained in manual, microfilm, microfiche, electronic, imaged and computer printout form. Original input documents are stored in standard office filing equipment and/or as imaged documents on magnetic media at all locations which prepare and provide input documents and information for data processing.

    RETRIEVABILITY:

    Records may be retrieved by employee, DOI emergency worker, or DOI volunteer identification such as name, Social Security Number, common identifier, birthday, organizational code, etc.

    SAFEGUARDS:

    Access to records covered by the system will be permitted only to authorized personnel in accordance with requirements found in the Departmental Privacy Act regulations (43 CFR 2.51). Paper or micro format records are maintained in locked metal file cabinets or in Secured rooms. Electronic records are maintained with safeguards meeting the security requirements of 43 CFR 2.51 for automated records, which conform to Office of Management and Budget and Departmental guidelines reflecting the implementation of the Federal Information Security Management Act. The electronic data are protected through user identification, passwords, database permissions, encryption and software controls. Such security measures establish different degrees of access for different types of users. An audit trail is maintained and reviewed periodically to identify unauthorized access. A Privacy Impact Assessment was completed and is updated at least annually to ensure that Privacy Act requirements and personally identifiable information safeguard requirements are met.

    RETENTION AND DISPOSAL:

    The records contained in this system of records have varying retention periods as described in the General Records Schedule, Sections 1, 2, and 20, (at http://www.archives.gov), issued by the Archivist of the United States, and are disposed of in accordance with the National Archives and Records Administration Regulations, 36 CFR part 1228 et seq. They are also covered by item 7551 of the Department of the Interior, Office of the Secretary's pending records schedule.

    SYSTEM MANAGER(S) AND ADDRESS:

    The following system manager is responsible for the payroll records contained in the Department's Federal Personnel and Payroll System (FPPS): Chief, Personnel and Payroll Systems Division, National Business Center, U.S. Department of the Interior, 7201 West Mansfield Avenue, Denver, CO 80235-2230. Personnel records contained in the system fall under the jurisdiction of the Office of Personnel Management as prescribed in 5 CFR part 253 and 5 CFR part 297.

    NOTIFICATION PROCEDURES:

    Inquiries regarding the existence of records should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.60.

    RECORDS ACCESS PROCEDURES:

    A request for access may be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.63.

    CONTESTING RECORDS PROCEDURES:

    A petition for amendment should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the content requirements of 43 CFR 2.71.

    RECORD SOURCE CATEGORIES:

    The source data for the system comes from individuals on whom the records are maintained, official personnel records of individuals on whom the records are maintained, supervisors, timekeepers, previous employers, the Internal Revenue Service and state tax agencies, the Department of the Treasury, other federal agencies, courts, state child support agencies, employing agency accounting offices, and third-party benefit providers.

    EXEMPTIONS CLAIMED FOR THE SYSTEM:

    None.

    [FR Doc. 2015-29532 Filed 12-4-15; 8:45 am] BILLING CODE 7010-01-P
    INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO Privacy Act of 1974; Establishment of a New System of Records AGENCY:

    United States Section, International Boundary and Water Commission (USIBWC), United States and Mexico.

    ACTION:

    Proposed establishment of a new Privacy Act system of records.

    SUMMARY:

    In accordance with the Privacy Act of 1974, as amended (5 U.S.C. 552a), the USIBWC is issuing public notice of its intent to establish a new Privacy Act system of records, DOI-84, “Interior Business Center Datamart.”

    DATES:

    Comments must be received by January 2, 2016.

    ADDRESSES:

    Any persons interested in commenting on this new, proposed system of records may do so by submitting comments in writing to the Legal Department, Senior Agency Officer for Privacy, Matthew Myers, U.S. IBWC, 4171 N. Mesa, C-100, El Paso, TX 79902, or by email to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Z. Mora, Chief, Information Management Division, Administration Department, 4171 N. Mesa, C-100, El Paso, TX 79902 or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    The information contained in Datamart is derived from two existing systems covered by Privacy Act Systems of Records Notices: Federal Personnel and Payroll System (FPPS) covered by DOI-85, “Payroll, Attendance, Retirement, and Leave Records” and Federal Financial System (FFS) covered by DOI-90, “Federal Financial System,” as well as associated systems. The purpose of the Datamart is to provide a data warehouse that allows appropriate users to access FPPS and FFS data through a core reporting tool, Hyperion. The reports may be pre-formatted or ad hoc, and are available to appropriate users from the Department of the Interior or appropriate individuals from other Federal agencies, as detailed in the routine uses. This notice will be effective as proposed at the end of the comment period unless comments are received which would require a contrary determination. The USIBWC will publish a revised notice if changes are made based upon a review of comments received.

    Dated: October 8, 2015. Matthew Myers, Chief Counsel/Secretary Acting Privacy Act Officer. SYSTEM NAME:

    Interior, Interior Business Center Datamart, DOI-84.

    SYSTEM LOCATION:

    Records are located at the Interior Business Center, U.S.

    Department of the Interior, 7301 West Mansfield Avenue, Denver, CO 80235.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEMS:

    (1) Current and former employees of the USIBWC.

    (2) Current and former emergency workers of the USIBWC.

    (3) Current and former volunteers within the USIBWC (volunteers).

    (4) Current and former contractors within the USIBWC (contractors).

    (5) Individuals identified as emergency contacts for the above employees, emergency workers, and volunteers.

    (6) Individual and corporate vendors who do business with the USIBWC. (Only records containing personal information relating to individuals are subject to the Privacy Act.)

    CATEGORIES OF RECORDS IN THE SYSTEM:

    Employee (and emergency worker, volunteer, contractor and vendor) name, address, phone numbers, birth date; employee (and emergency worker and volunteer) emergency contact information (including name, address, phone numbers and relationship to individual), Social Security Number and organizational code; employee common identifier (ECI); vendor Taxpayer Identification Number; vendor code or number; employee ethnicity/race, pay rate, grade, length of service, individual's pay and leave records; time and attendance records, leave request records, allowances and cost distribution records; employee deductions for Medicare, Old Age Survivor and Disability Insurance (OASDI), bonds, Federal Employees' Group Life Insurance (FEGLI), union dues, taxes, allotments, quarters, retirement, charities, health benefits, Flexible Spending Account, Long Term Care, and Thrift Savings Fund contributions; employee awards, shift schedules, pay differentials, tax lien data, commercial garnishments and child support and/or alimony wage assignments; related payroll and personnel data. Also included is information on debts owed to the government as a result of overpayment, refunds owed or a debt referred for collection on an employee, emergency worker or contractor.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    31 U.S.C. 3512, et seq.; 5 U.S.C. 5101, et seq.; Pub. L. 97-255; Office of Management and Budget Circular A-127.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

    The primary use of records in the system is to provide a repository for data from FPPS (Federal Personnel Payroll System) and FFS (Federal Financial System) that allows agencies to query the data in order to produce required reports in support of fiscal operations and personnel payroll processing.

    Disclosure outside the USIBWC may be made:

    (1) To other Federal agencies to produce required reports, in support of their fiscal and personnel/payroll processing.

    (2) (a) To any of the following entities or individuals, when the circumstances set forth in paragraph (b) are met:

    (i) The U.S. Department of Justice (DOJ);

    (ii) A court or an adjudicative or other administrative body;

    (iii) A party in litigation before a court or an adjudicative or other administrative body; or

    (iv) Any USIBWC employee or USIBWC emergency worker acting in his or her individual capacity if USIBWC or DOJ or the DOI emergency worker's agency has agreed to represent that individual or pay for private representation of the individual;

    (b) When:

    (i) One of the following is a party to the proceeding or has an interest in the proceeding:

    (A) USIBWC or any component of USIBWC;

    (B) Any USIBWC emergency worker's agency;

    (C) Any other Federal agency appearing before the Office of Hearings and Appeals;

    (D) Any USIBWC employee or USIBWC emergency worker acting in his or her official capacity;

    (E) Any USIBWC employee or USIBWC emergency worker acting in his or her individual capacity if USIBWC or DOJ or the USIBWC emergency worker's agency has agreed to represent that individual or pay for private representation of the individual;

    (F) The United States, when DOJ determines that USIBWC or any USIBWC emergency worker's agency is likely to be affected by the proceeding; and

    (ii) USIBWC or any DOI emergency worker's agency deems the disclosure to be:

    (A) Relevant and necessary to the proceeding; and

    (B) Compatible with the purpose for which the records were compiled.

    (3) To appropriate agencies, entities, and persons when:

    (a) It is suspected or confirmed that the security or confidentiality of information in the system of records has been compromised; and

    (b) The USIBWC has determined that as a result of the suspected or confirmed compromise there is a risk of harm to an economic or property interest, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and

    (c) The disclosure is made to such agencies, entities and persons who are reasonably necessary to assist in connection with the USIBWC's efforts to respond to the suspected or confirmed compromise and prevent, minimize or remedy such harm.

    (4) To a congressional office in response to a written inquiry that an individual covered by the system, or the heir of such individual if the covered individual is deceased, has made to the office.

    (5) To any criminal, civil or regulatory law enforcement authority (whether federal, state, territorial, local, tribal or foreign) when a record, either alone or in conjunction with other information, indicates a violation or potential violation of law—criminal, civil or regulatory in nature, and the disclosure is compatible with the purpose for which the records were compiled.

    (6) To an official of another Federal agency to provide information needed in the performance of official duties related to reconciling or reconstructing data files or to enable that agency to respond to an inquiry by the individual to whom the record pertains.

    (7) To Federal, state, territorial, local, tribal or foreign agencies that have requested information relevant or necessary to the hiring, firing or retention of an employee or contractor, or the issuance of a security clearance, license, contract, grant or other benefit, when the disclosure is compatible with the purpose for which the records were compiled.

    (8) To representatives of the National Archives and Records Administration to conduct records management inspections under the authority of 44 U.S.C. 2904 and 2906.

    (9) To state and local governments and tribal organizations to provide information needed in response to court order and/or for discovery purposes related to litigation, when the disclosure is compatible with the purpose for which the records were compiled.

    (10) To an expert, consultant or contractor (including employees of the contractor) of DOI that performs services requiring access to these records on DOI's behalf to carry out the purposes of the system.

    POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:

    Records maintained in the Datamart are electronic and contain information from source systems. They are stored in magnetic media at the central computer processing center. All NIST guidelines, as well as Departmental and OMB guidance are followed concerning the storage of the records.

    RETRIEVABILITY:

    Records may be retrieved by entries reflecting the various categories of records in the system including name of individual, name of emergency contact, Social Security Number, Tax Identification Number, vendor code or number, date of birth, organizational code, etc.

    SAFEGUARDS:

    Electronic records are maintained with safeguards meeting all appropriate statutory and regulatory guidelines, as well as Departmental guidance addressing the security requirements of Departmental Privacy Act Regulations (43 CFR 2.51) for automated records, and with Office of Management and Budget, and NIST. Further, agency officials only have access to records pertaining to their agencies.

    (1) Physical security: Computer systems are maintained in locked rooms housed within secure USIBWC buildings.

    (2) Technical Security: Electronic records are maintained in conformity with Office of Management and Budget and USIBWC guidelines reflecting the implementation of the Federal Information Security Management Act. The electronic data are protected through user identification, passwords, database permissions, encryption and software controls. Such security measures establish different degrees of access for different types of users. An audit trail is maintained and reviewed periodically to identify unauthorized access. A Privacy Impact Assessment was completed to ensure that Privacy Act requirements and personally identifiable information safeguard requirements are met.

    (3) Administrative Security: All USIBWC and contractor employees with access to Datamart are required to complete Privacy Act, Federal Records Act and IT Security Awareness training prior to being given access to the system, and on an annual basis thereafter. In addition, Federal employees supervise and monitor the use of Datamart.

    RETENTION AND DISPOSAL:

    Records contained in this system are documented as items 1400 and 7554 of the Department of the Interior, Office of the Secretary's pending records schedule.

    SYSTEM MANAGER AND ADDRESS:

    Chief, Applications Management and Technical Services Branch, Interior Business Center, U.S. Department of the Interior, 7301 West Mansfield Avenue, Denver, CO 80235-2230.

    NOTIFICATION PROCEDURES:

    Inquiries regarding the existence of records should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the requirements of 43 CFR 2.60, which requires writing PRIVACY ACT INQUIRY prominently on your envelope and correspondence.

    RECORDS ACCESS PROCEDURES:

    A request for access should be submitted to the System Manager at the above address. It must be submitted in writing, signed by the requester, and meet the requirements of 43 CFR 2.63, which requires writing PRIVACY ACT REQUEST FOR ACCESS prominently on the envelope and the front of the request.

    CONTESTING RECORDS PROCEDURES:

    A petition for amendment should be addressed to the System Manager. The request must be in writing, signed by the requester, and meet the content requirements of 43 CFR 2.71, which include stating the reasons why the petitioner believes the record is in error, and the changes sought.

    RECORD SOURCE CATEGORIES:

    The source data for the system comes from FPPS and FFS.

    EXEMPTIONS CLAIMED FOR THE SYSTEM:

    None.

    [FR Doc. 2015-29531 Filed 12-4-15; 8:45 am] BILLING CODE P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-943] Certain Wireless Headsets; Commission Determination To Review an Initial Determination Granting Respondents' Motion for Summary Determination of Patent Invalidity Due to Indefiniteness AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the U.S. International Trade Commission has determined to review an initial determination (“ID”) (Order No. 17) granting respondents' motion for summary determination of patent invalidity due to indefiniteness.

    FOR FURTHER INFORMATION CONTACT:

    Megan M. Valentine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202-708-2301. 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 (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 January 13, 2015, based on a complaint filed by One-E-Way, Inc. of Pasadena, California (“One-E-Way”). 80 FR 1663 (Jan. 13, 2015). The complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain wireless headsets by reason of infringement of certain claims of U.S. Patent Nos. 7,865,258 (“the '258 patent”) and 8,131,391 (“the '391 patent”). Id. The notice of investigation named several respondents, including Sony Corporation of Tokyo, Japan; Sony Corporation of America of New York, New York; and Sony Electronics, Inc. of San Diego, California (collectively, “Sony”); Beats Electronics, LLC of Culver City, California and Beats Electronics International Ltd. of Dublin, Ireland (collectively, “Beats”); Sennheiser Electronic GmbH & Co. KG of Wedemark, Germany and Sennheiser Electronic Corporation of Old Lyme, Connecticut (collectively, “Sennheiser”); BlueAnt Wireless Pty, Ltd. of Richmond, Australia and BlueAnt Wireless, Inc. of Chicago, Illinois (collectively, “BlueAnt”); Creative Technology Ltd. of Singapore and Creative Labs, Inc. of Milpitas, California (collectively, “Creative Labs”); and GN Netcom A/S d/b/a Jabra of Ballerup, Denmark (“GN Netcom”). Id. The Office of Unfair Import Investigations (OUII) also was named as a party to the investigation. Id. The Commission previously terminated the investigation with respect to Beats and Sennheiser. See Notice (Apr. 29, 2015); Notice (June 11, 2015). The Commission also previously terminated the investigation with respect to certain claims of the '258 and '391 patents. See Notice (May 26, 2015); Notice (Aug. 26, 2015).

    On August 10, 2015, respondents Sony, BlueAnt, Creative Labs, and GN Netcom (collectively, “Respondents”) filed a motion for summary determination that asserted claim 8 of the '258 patent and asserted claims 1, 3-6, and 10 of the '391 patent are invalid as indefinite under 35 U.S.C. 112, ¶ 2. On August 20, 2015, the Commission investigative attorney (“IA”) filed a response in support of the motion. Also on August 20, 2015, One-E-Way filed an opposition to the motion. On August 27, 2015, Respondents moved for leave to file a reply to One-E-Way's opposition, which the presiding administrative law judge (“ALJ”) granted that same day. See Order No. 16 (Aug. 27, 2015).

    On September 21, 2015, the ALJ issued the subject initial determination (“ID”), granting Respondents' motion for summary determination that all of the asserted claims of the '258 and '391 patents are invalid as indefinite under 35 U.S.C. 112, ¶ 2 and terminating the investigation with a finding of no violation of section 337.

    On October 2, 2015, One-E-Way filed a petition for review of the subject ID. On October 9, 2015, Respondents and the IA each filed responses to the petition.

    Having examined the record of this investigation, including the subject ID, the petitions for review, and the responses thereto, the Commission has determined to review the subject ID.

    In connection with its review, the Commission requests responses to the following questions:

    1. Please point to the specific areas in the record where the putative indefiniteness of the clause “virtually free from interference” was a significant topic of substantive discussion among the parties and the ALJ.

    2. Please explain how the clause “virtually free from interference” is material to a position any party has taken in this Investigation with respect to validity under 35 U.S.C. 102, 103, or 112(a) (formerly 112 ¶1), or infringement under section 271. Please provide citations to specific areas in the record (including document name and page number) in which this materiality was raised or discussed.

    3. Please explain how the materiality discussed in Q2 turns on the degree of freedom from interference. Please provide citations to specific areas in the record (including document name and page number) in which this turning was raised or discussed.

    4. Please explain in detail what lead to the difference in outcomes on the issue of indefiniteness under 35 U.S.C. 112(b) (formerly 112 ¶2) of the Federal Circuit decisions in Interval Licensing LLC v. AOL, Inc., 766 F.3d 1364, 1369-74 (Fed. Cir. 2014) and DDR Holdings LLC v. Hotelscom LP, 773 F.3d 1245, 1260-61 (Fed. Cir. 2014). In these two cases, to what extent did the indefiniteness determinations turn on the materiality of the potentially indefinite clauses to other arguments that had been raised in those cases regarding validity under 35 U.S.C. 102, 103, or 112(a) (formerly 112 ¶1), or infringement under section 271?

    Written Submissions: The parties to the investigation are requested to file written submissions on the issues identified in this notice. The written submissions must be filed no later than close of business on December 11, 2015. Initial submissions are limited to 30 pages. Reply submissions must be filed no later than the close of business on December 18, 2015. Reply submissions are limited to 15 pages. The parties may not incorporate by reference their prior filings before the ALJ or the Commission. No further submissions on these issues will be permitted unless otherwise ordered by the Commission.

    Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the investigation number (“Inv. No. 337-TA-943”) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf). Persons with questions regarding filing should contact the Secretary (202-205-2000).

    Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. A redacted non-confidential version of the document must also be filed simultaneously with any confidential filing. All non-confidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.

    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: December 1, 2015. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2015-30734 Filed 12-4-15; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-973] Certain Wearable Activity Tracking Devices, Systems, and Components Thereof; Institution of Investigation AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on November 2, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Fitbit, Inc. of San Francisco, California. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain wearable activity tracking devices, systems, and components thereof by reason of infringement of certain claims of U.S. Patent No. 8,920,332 (“the '332 patent”); U.S. Patent No. 8,868,377 (“the '377 patent”); and U.S. Patent No. 9,089,760 (“the '760 patent”). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337.

    The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

    ADDRESSES:

    The complaint, except for any confidential information contained therein, is 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., Room 112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired individuals are advised that information on this matter can be obtained 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 athttp://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

    FOR FURTHER INFORMATION CONTACT:

    The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.

    Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2015).

    Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on December 1, 2015, ordered that

    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain wearable activity tracking devices, systems, and components thereof by reason of infringement of one or more of claims 1, 4, 5, and 13-17 of the '332 patent; claims 1-4, 7-11, 16, 25, 27, and 28 of the '377 patent; claims 1-15 and 18-21 of the '760 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337;

    (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:

    (a) The complainant is: Fitbit, Inc., 405 Howard Street, San Francisco, CA 94105.

    (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served:

    AliphCom d/b/a Jawbone, 99 Rhode Island Street, 3rd Floor, San Francisco, CA 94103. BodyMedia, Inc., Union Trust Building, 501 Grant Street, Suite 1075, Pittsburgh, PA 15219.

    (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and

    (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge.

    Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown.

    Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: December 1, 2015. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2015-30732 Filed 12-4-15; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-921] Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components Thereof; Commission's Final Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and a Cease and Desist Order; Termination of the Investigation AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in this investigation and has issued a limited exclusion order prohibiting respondents Garmin International, Inc. and Garmin USA, Inc., both of Olathe, Kansas, and Garmin (Asia) Corporation of New Taipei City, Taiwan (collectively, “Garmin”), from importing certain marine sonar imaging devices, including downscan and sidescan devices, products containing the same, and components thereof that infringe certain claims of U.S. Patent Nos. 8,305,840 (“the '840 patent”) and 8,605,550 (“the '550 patent”). The Commission has also issued a cease and desist order against Garmin prohibiting the sale and distribution within the United States of articles that infringe certain claims of the '840 and '550 patents. The Commission has found no violation based on U.S. Patent No. 8,300,499 (“the '499 patent”). The investigation is terminated.

    FOR FURTHER INFORMATION CONTACT:

    Lucy Grace D. Noyola, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-3438. 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 (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 July 14, 2014, based on a complaint filed by Navico, Inc. of Tulsa, Oklahoma, and Navico Holding AS, of Egersund, Norway (collectively, “Navico”). 79 FR 40778 (July 14, 2014). The complaint alleged violations of section 337 by reason of the importation into the United States, the sale for importation, and the sale within the United States after importation of certain marine sonar imaging devices, including downscan and sidescan devices, products containing the same, and components thereof. Id. The complaint alleged the infringement of certain claims of the '840, '499, and '550 patents. Id. The notice of investigation named Garmin and Garmin North America, Inc. as respondents. Id. The Office of Unfair Import Investigations (“OUII”) was also named as a party. Id. The Commission later terminated the investigation as to Garmin North America, Inc. and various of the asserted claims. Notice (Dec. 31, 2014) (determining not to review Order No. 10 (Dec. 2, 2014)); Notice (Jan. 9, 2015) (determining not to review Order No. 11 (Dec. 11, 2014)); Notice (Jan. 13, 2015) (determining not to review Order No. 13 (Dec. 17, 2014)).

    On March 3, 2015, the Commission determined on summary determination that Navico satisfied the economic prong of the domestic industry requirement for the '840 and '499 patents and the technical prong of the domestic industry requirement for the '840 and '550 patents. Notice (Mar. 3, 2015) (determining not to review Order No. 14 (Jan. 29, 2015) and Order No. 15 (Jan. 30, 2015)).

    On July 2, 2015, the ALJ issued a final initial determination (“ID”) finding no violation of section 337 with respect to all three asserted patents. Specifically, the ALJ found that the asserted claims of each patent are not infringed and were not shown to be invalid for anticipation or obviousness. The ALJ found that the economic prong of the domestic industry requirement was not satisfied with respect to the '550 patent. The ALJ also issued a recommended determination on remedy and bonding (“RD”), recommending, if the Commission finds a section 337 violation, that a limited exclusion order and a cease and desist order should issue and that a bond should be imposed at a reasonable royalty of eight percent for each infringing device imported during the period of presidential review.

    On July 20, 2015, Navico and OUII filed petitions for review challenging various findings in the final ID, and Garmin filed a contingent petition for review. On July 28, 2015, the parties filed responses to the various petitions. On August 5, 2015, Navico and Garmin filed post-RD statements on the public interest under Commission Rule 210.50(a)(4). The Commission did not receive any post-RD public interest comments from the public. See 80 FR 39799 (July 10, 2015).

    On September 3, 2015, the Commission determined to review the final ID in part and requested additional briefing from the parties on certain issues. 80 FR 54592 (Sept. 10, 2015). Specifically, the Commission determined to review (1) the ALJ's construction of the limitation “single linear downscan transducer element” recited in claims 1 and 23 of the '840 patent (and its variants in the '499 and '550 patents); (2) the ALJ's construction of the limitation “combine” (and its variants) recited in claims 1, 24, and 43 of the '499 patent; (3) the ALJ's findings of noninfringement with respect to the three asserted patents; (4) the ALJ's findings of validity with respect to the three asserted patents; and (5) the ALJ's finding regarding the economic prong of the domestic industry requirement with respect to the '550 patent. Id. The Commission also solicited briefing from the parties and the public on the issues of remedy, bonding, and the public interest. Id.

    On September 14, 2015, the parties filed initial written submissions addressing the Commission's questions and remedy, bonding, and the public interest. On September 21, 2015, the parties filed response briefs. No comments were received from the public.

    Having examined the record of this investigation, including the final ID and the parties' submissions, the Commission has determined that Navico has proven a violation of section 337 based on infringement of claims 1, 5, 7, 9, 11, 16-19, 23, 32, 39-41, 63, and 70-72 of the '840 patent and infringement of claims 32 and 44 of the '550 patent. The Commission has determined to modify the ALJ's construction of certain terms in the asserted claims of the asserted patents, including “single linear downscan transducer element” recited in the '840 patent and its variants recited in the '550 and '499 patents. Under the modified constructions, the Commission has determined Navico has proven that (i) the accused Garmin echo products, echoMAP products, and GPSMAP products with their respective transducers infringe claims 1, 5, 7, 9, 11, 16-19, 23, 32, 39-41, and 70-72 of the '840 patent; (ii) the accused Garmin echoMAP products and GPSMAP products with their respective transducers infringe claim 63 of the '840 patent; (iii) the accused Garmin GCV10 and GSD25 sonar modules with their respective transducers infringe claims 1, 5, 9, 11, 23, and 32 of the '840 patent; (iv) the accused Garmin GT30 transducer, which comes with the GCV10 sonar module, infringes claims 1, 7, 12, 13, and 57 of the '550 patent; and (v) the accused Garmin GT30 transducer, in conjunction with the GCV10 sonar module, infringes claims 32 and 44 of the '550 patent. The Commission has determined Garmin has not proven that the asserted claims of the '840 patent are invalid. The Commission has determined that Garmin has proven that claims 1, 7, 12, 13, and 57 of the '550 patent are invalid as obvious, but that Garmin has not proven that claims 32 and 44 of the '550 patent are invalid. The Commission has also determined that Navico has proven that a domestic industry exists in the United States for the '550 patent.

    The Commission has determined that Navico has not proven a violation with respect to the '499 patent. The Commission has determined to adopt, on modified grounds, the ALJ's construction of the term “combining” (and its variants) recited in the asserted claims of the '499 patent. Under that construction, the Commission has determined that the asserted claims are not invalid and not infringed.

    The Commission has determined the appropriate remedy is a limited exclusion order and a cease and desist order prohibiting Garmin from importing into the United States or selling or distributing within the United States certain marine sonar imaging devices, including downscan and sidescan devices, products containing the same, and components thereof that infringe the asserted claims of the '840 and '550 patents. The Commission has determined the public interest factors enumerated in section 337(d)(1) and (f)(1) do not preclude issuance of the limited exclusion order or cease and desist order.

    Finally, the Commission has determined to apply a bond in the amount of 100 percent of the entered value of excluded products imported during the period of Presidential review (19 U.S.C. 1337(j)). The Commission's order and opinion were delivered to the President and to the United States Trade Representative on the day of their issuance.

    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: December 1, 2015. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2015-30733 Filed 12-4-15; 8:45 am] BILLING CODE 7020-02-P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—National Spectrum Consortium

    Notice is hereby given that, on October 22, 2015, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), National Spectrum Consortium (“NSC”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Alion Science and Technology Corporation, Rome, NY; All Purpose Networks LLC, Dover, NJ; Altagrove LLC, Herndon, VA; ANDRO Computational Solutions, LLC, Rome, NY; Arizona State University, Tempe, AZ; Astrapi Corporation, Dallas, TX; AT&T, Inc., Vienna, VA; ATDI Government Services, LLC, McLean, VA; BAE Systems Information and Electronic Systems Integration, Inc., Nashua, NH; Battelle Energy Alliance, LLC, Idaho Falls, ID; Black River Systems Company, Inc., Utica, NY; Brigham Young University, Provo, UT; Chesapeake Technology International Corporation, California, MD; CIPHIR-TM, LLC, Charleston, SC; Cognitive Radio Technologies, LLC, Lynchburg, VA; CommScope Technologies, LLC, Ashburn, VA; Constellation Data Systems, Inc., Cincinnati, OH; Creative Digital Systems Integration, Inc., Simi Valley, CA; CRFS, Inc., Falls Church, VA; Cubic Defense Applications, Inc., San Diego, CA; Darkblade Systems Corporation, Stafford, VA; Disney/ABC TV Group, New York, NY; DRS Signal Solutions, Inc., Germantown, MD; Exelis, Inc., Clifton, NJ; Expression Networks LLC, McLean, VA; Federated Wireless, Arlington, VA; Florida International University, Miami, FL; Foundry, Inc., Millersville, MD; Genesys Technologies Ltd., Langhorne, PA; Georgia Tech Applied Research Corporation, Atlanta, GA; GIRD Systems, Inc., Cincinnati, OH; Gonzaga University, Spokane, WA; Haigh-Farr, Inc, Bedford, NH; Harris Corporation, Melbourne, FL; Honeywell International, Inc., Morris Township, NJ; Hughes Network Systems LLC, Germantown, MD ICF Incorporated, LLC, Fairfax, VA; IJK Controls LLC, Dallas, TX; InCadence Strategic Solutions, Manassas, VA; Infinite Dimensions Integration, Inc., Alexandria, VA; Intelligent Automation, Inc., Rockville, MD; InterDigital Communications, Wilmington, DE; Kerberos International, Inc., Temple, TX; Kestrel Corporation, Albuquerque, NM; Key Bridge Global LLC d/b/a Key Bridge LLC, McLean, VA; Keysight Technologies, Inc, Santa Rosa, CA; KinetX, Inc., Tempe, AZ; Kranze Technology Solutions, Inc., Prospect Heights, IL; L3 Communications, San Diego, CA; L3 Communications Systems West, Salt Lake City, UT; L3 Communications Telemetry West, San Diego, CA; Laulima Systems, Kalaheo, HI; LGS Innovations, Herndon, VA; LHC2 Inc. d/b/a Eigen Wireless, Liberty Lake, WA; Lockheed Martin Corporation, Cherry Hill, NJ; LS telcom Inc., Bowie, MD; Metric Systems Corporation, Vista, CA; Monterey-Nouveau & Associates, LLC, Dayton, OH; Nokia Networks, Irving, TX; Northrop Grumman Systems Corporation, Electronic Systems, Linthicum Heights, MD; Northwestern University, Evanston, IL; NTS Technical Systems, Calabasas, CA; Oceanit Laboratories, Inc., Honolulu, HI; Oceus Networks, Inc., Reston, VA; Optical Filter Corp d/b/a Corning Specialty Materials, Keene, NH; Pathfinder Wireless Corp, Seattle, WA; Perceptix LLC, Washington, DC; Physical Optics Corporation, Torrance, CA; Pirhonen, Riku P. d/b/a The Research Armadillo, Flower Mound, TX; Planned Systems International, Inc., Columbia, MD; PrioriTech, Inc., State College, PA; Purdue University, West Lafayette, IN; Raytheon Company, El Segundo, CA; Roberson and Associates LLC, Chicago, IL; Rockwell Collins, Inc., Cedar Rapids, IA; RWC, LLC, Annapolis, MD; S2 Corporation, Bozeman, MT; SA Photonics, Inc., Los Gatos, CA; Sage Management Enterprise, LLC, Columbia, MD; SENTEL Corporation, Alexandria, VA; Shared Spectrum Company, Vienna, VA; Shenandoah Research and Technology, LLC, Mount Jackson, VA; SI2 Technologies, Inc., N. Billerica, MA; Signal Hound, Inc., La Center, WA; Silvus Technologies, Inc., Los Angeles, CA; Southwest Research Institute, San Antonio, TX; Spectronn, Holmdel, NJ; SpectrumFi, Sunnyvale, CA; SRI International, Menlo Park, CA; SSC Innovations LLC, Vienna, VA; Stevens Institute of Technology, Hoboken, NJ; The Aerospace Corporation, El Segundo, CA; The Charles Stark Draper Laboratory, Inc., Cambridge, MA; The John Hopkins University Applied Physics Laboratory, Laurel, MD; The Ohio State University, Columbus, OH; Trabus Technologies, Inc., San Diego, CA; TrellisWare Technologies, Inc., San Diego, CA; TriaSys Technologies Corporation, N. Billerica, MA; Under the Grid, LLC, Pacific Grove, CA; University of Arizona—Electrical and Computer Engineering, Tucson, AZ; University of Illinois, Urbana, IL; University of Mississippi, University, MS; University of Notre Dame, Notre Dame, IN; University of Southern California Information Sciences Institute, Marina Del Ray, CA; University of Washington, Seattle, WA; Vanu, Inc., Cambridge, MA; Vencore Labs, Inc d/b/a Applied Communication Sciences, Basking Ridge, NJ; ViaSat Inc., Carlsbad, CA; Virginia Tech Applied Research Corporation (VT-ARC), Arlington, VA; Virginia Tech/Wireless @ Virginia Tech, Blacksburg, VA; VIStology, Inc., Framingham, MA; VUUM LLC, Houston, TX; W5 Technologies, Inc., Scottsdale, AZ; Worcester Polytechnic Institute, Worcester, MA; X-COM Systems LLC, Reston, VA; and xG Technology, Inc., Sunrise, FL, have been added as parties to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and NSC intends to file additional written notifications disclosing all changes in membership.

    On September 24, 2014, NSC filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on November 4, 2014 (79 FR 65424).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2015-30754 Filed 12-4-15; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—American Society of Mechanical Engineers

    Notice is hereby given that, on October 19, 2015, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), the American Society of Mechanical Engineers (“ASME”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing additions or changes to its standards development activities. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, since May 18, 2015, ASME has established one new consensus committee, disbanded one consensus committee, published two new standards, initiated three new standard activities, and withdrawn one published standard within the general nature and scope of ASME's standards development activities, as specified in its original notification. More detail regarding these changes can be found at www.asme.org.

    On September 15, 2004, ASME filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on October 13, 2004 (69 FR 60895).

    The last notification was filed with the Department on May 20, 2015. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on June 30, 2015 (80 FR 37302).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2015-30765 Filed 12-4-15; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—ODVA, Inc.

    Notice is hereby given that, on October 30, 2015, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), ODVA, Inc. (“ODVA”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Cincinnati Test Systems, Inc., Harrison, OH; Automation Controls Group, Milwaukee, WI; ESYSE GmbH Embedded Systems Engineering, Duesseldorf, GERMANY; Wieland Electric GmbH, Bamberg, GERMANY; ELAP S.R.L., Corisco, ITALY; Define Instruments, Auckland, NEW ZEALAND; ORing Industrial Networking Corp., TAIWAN; and WEG Drives & Controls, Jaraguá do Sul, BRAZIL, have been added as parties to this venture.

    Also, FiberFin, Inc., Yorkville, IL; EN Technologies Inc., Gunpo-si, REPUBLIC OF KOREA; and OTO Ltd., Gyungju-Si, REPUBLIC OF KOREA, have withdrawn as parties to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and ODVA intends to file additional written notifications disclosing all changes in membership.

    On June 21, 1995, ODVA filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on February 15, 1996 (61 FR 6039).

    The last notification was filed with the Department on August 5, 2015. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on August 25, 2015 (80 FR 51605).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2015-30763 Filed 12-4-15; 8:45 am] BILLING CODE 4410-11-P
    DEPARTMENT OF JUSTICE [OMB Number 1140-0039] Agency Information Collection Activities; Proposed eCollection eComments Requested; Federal Firearms Licensee Firearms Inventory Theft/Loss Report AGENCY:

    Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.

    ACTION:

    30-day notice.

    SUMMARY:

    The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register 80 FR 58791, on September 19, 2015, allowing for a 60 day comment period.

    DATES:

    Comments are encouraged and will be accepted for an additional 30 days until January 6, 2016.

    FOR FURTHER INFORMATION CONTACT:

    If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please Larry Penninger, Chief, National Tracing Center, 244 Needy Road, Martinsburg, WV 20226 at email: [email protected] Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503 or sent to [email protected]

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    • Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and

    • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Overview of this information collection 1140-0039:

    1. Type of Information Collection: Extension of an existing collection without change.

    2. The Title of the Form/Collection: Federal Firearms Licensee Firearms Inventory Theft/Loss Report.

    3. The agency form number, if any, and the applicable component of the Department sponsoring the collection:

    Form number: ATF F 3310.11.

    Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice.

    4. Affected public who will be asked or required to respond, as well as a brief abstract:

    Primary: Business or other for-profit.

    Other: Not-for-profit institutions, Federal Government, State, Local, or Tribal Government.

    Abstract: This form requires that licensees report the theft or loss of firearms to the Attorney General and the appropriate authorities.

    5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: An estimated 4,000 respondents will take 24 minutes to complete this form.

    6. An estimate of the total public burden (in hours) associated with the collection: The estimated annual public burden associated with this collection is 960 hours.

    If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., Room 3E-405B, Washington, DC 20530.

    Dated: December 2, 2015. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice .
    [FR Doc. 2015-30759 Filed 12-4-15; 8:45 am] BILLING CODE 4410-FY-P
    DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2006-0042] Canadian Standards Association: Grant of Expansion of Recognition AGENCY:

    Occupational Safety and Health Administration (OSHA), Labor.

    ACTION:

    Notice.

    SUMMARY:

    In this notice, OSHA announces its final decision to expand the scope of recognition for Canadian Standards Association, as a Nationally Recognized Testing Laboratory (NRTL).

    DATES:

    The expansion of the scope of recognition becomes effective on December 7, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Information regarding this notice is available from the following sources:

    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office of Communications, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; email: [email protected]

    General and technical information: Contact Mr. Kevin Robinson, Director, Office of Technical Programs and Coordination Activities, Directorate of Technical Support and Emergency Management, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-3655, Washington, DC 20210; telephone: (202) 693-2110; email: [email protected] OSHA's Web page includes information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

    SUPPLEMENTARY INFORMATION: I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of recognition of Canadian Standards Association (CSA) as an NRTL. CSA's expansion covers the addition of two test standards to its scope of recognition.

    OSHA recognition of an NRTL signifies that the organization meets the requirements specified by 29 CFR 1910.7. Recognition is an acknowledgment that the organization can perform independent safety testing and certification of the specific products covered within its scope of recognition and is not a delegation or grant of government authority. As a result of recognition, employers may use products properly approved by the NRTL to meet OSHA standards that require testing and certification of the products.

    The Agency processes applications by an NRTL for initial recognition, or for expansion or renewal of this recognition, following requirements in Appendix A to 29 CFR 1910.7. This appendix requires that the Agency publish two notices in the Federal Register in processing an application. In the first notice, OSHA announces the application and provides its preliminary finding and, in the second notice, the Agency provides its final decision on the application. These notices set forth the NRTL's scope of recognition or modifications of that scope. OSHA maintains an informational Web page for each NRTL that details its scope of recognition. These pages are available from the Agency's Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.

    CSA submitted an application, dated January 29, 2015 (OSHA-2006-0042-0003), to expand its recognition to include two additional test standards. OSHA staff detailed analysis of the application and reviewed other pertinent information. OSHA did not perform any on-site reviews in relation to this application.

    OSHA published the preliminary notice announcing CSA's expansion application in the Federal Register on October 6, 2015 (80 FR 60408). The Agency requested comments by October 21, 2015, but it received no comments in response to this notice. OSHA now is proceeding with this final notice to grant expansion of CSA's scope of recognition.

    To obtain or review copies of all public documents pertaining to CSA's application, go to www.regulations.gov or contact the Docket Office, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC 20210. Docket No. OSHA-2006-0042 contains all materials in the record concerning CSA's recognition.

    II. Final Decision and Order

    OSHA staff examined CSA's expansion application, its capability to meet the requirements of the test standards, and other pertinent information. Based on its review of this evidence, OSHA finds that CSA meets the requirements of 29 CFR 1910.7 for expansion of its recognition, subject to the specified limitation and conditions listed below. OSHA, therefore, is proceeding with this final notice to grant CSA's scope of recognition. OSHA limits the expansion of CSA's recognition to testing and certification of products for demonstration of conformance to the test standards listed in Table 1 below.

    Table 1—List of Appropriate Test Standards for Inclusion in CSA's NRTL Scope of Recognition Test standard Test standard title UL 1004-1 Standard for Rotating Electrical Machines—General Requirements. AAMI ES 60601-1: 2005/(R) 2012 Medical Electrical Equipment, Part 1: General Requirements for Basic Safety and Essential Performance.

    OSHA's recognition of any NRTL for a particular test standard is limited to equipment or materials for which OSHA standards require third-party testing and certification before using them in the workplace. Consequently, if a test standard also covers any products for which OSHA does not require such testing and certification, an NRTL's scope of recognition does not include these products.

    The American National Standards Institute (ANSI) may approve the test standards listed above as American National Standards. However, for convenience, we may use the designation of the standards-developing organization for the standard as opposed to the ANSI designation. Under the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C, paragraph XIV), any NRTL recognized for a particular test standard may use either the proprietary version of the test standard or the ANSI version of that standard. Contact ANSI to determine whether a test standard is currently ANSI-approved.

    A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, CSA must abide by the following conditions of the recognition:

    1. CSA must inform OSHA as soon as possible, in writing, of any change of ownership, facilities, or key personnel, and of any major change in its operations as an NRTL, and provide details of the change(s);

    2. CSA must meet all the terms of its recognition and comply with all OSHA policies pertaining to this recognition; and

    3. CSA must continue to meet the requirements for recognition, including all previously published conditions on CSA's scope of recognition, in all areas for which it has recognition.

    Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the scope of recognition of CSA, subject to the limitation and conditions specified above.

    Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, 200 Constitution Avenue NW., Washington, DC 20210, authorized the preparation of this notice. Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on December 2, 2015. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health.
    [FR Doc. 2015-30784 Filed 12-4-15; 8:45 am] BILLING CODE 4510-26-P
    DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2007-0043] TUV SUD America Inc.: Application for Expansion of Recognition AGENCY:

    Occupational Safety and Health Administration (OSHA), Labor.

    ACTION:

    Notice.

    SUMMARY:

    In this notice, OSHA announces the application of TUV SUD America Inc. for expansion of its recognition as a Nationally Recognized Testing Laboratory (NRTL).

    DATES:

    Submit comments, information, and documents in response to this notice, or requests for an extension of time to make a submission, on or before December 22, 2015.

    ADDRESSES:

    Submit comments by any of the following methods:

    1. Electronically: Submit comments and attachments electronically at http://www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for making electronic submissions.

    2. Facsimile: If submissions, including attachments, are not longer than 10 pages, commenters may fax them to the OSHA Docket Office at (202) 693-1648.

    3. Regular or express mail, hand delivery, or messenger (courier) service: Submit comments, requests, and any attachments to the OSHA Docket Office, Docket No. OSHA-2007-0043, Technical Data Center, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC 20210; telephone: (202) 693-2350 (TTY number: (877) 889-5627). Note that security procedures may result in significant delays in receiving comments and other written materials by regular mail. Contact the OSHA Docket Office for information about security procedures concerning delivery of materials by express mail, hand delivery, or messenger service. The hours of operation for the OSHA Docket Office are 8:15 a.m.-4:45 p.m., e.t.

    4. Instructions: All submissions must include the Agency name and the OSHA docket number (OSHA-2007-0043). OSHA places comments and other materials, including any personal information, in the public docket without revision, and these materials will be available online at http://www.regulations.gov. Therefore, the Agency cautions commenters about submitting statements they do not want made available to the public, or submitting comments that contain personal information (either about themselves or others) such as Social Security numbers, birth dates, and medical data.

    5. Docket: To read or download submissions or other material in the docket, go to http://www.regulations.gov or the OSHA Docket Office at the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g., copyrighted material) is not publicly available to read or download through the Web site. All submissions, including copyrighted material, are available for inspection at the OSHA Docket Office. Contact the OSHA Docket Office for assistance in locating docket submissions.

    6. Extension of comment period: Submit requests for an extension of the comment period on or before December 22, 2015 to the Office of Technical Programs and Coordination Activities, Directorate of Technical Support and Emergency Management, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-3655, Washington, DC 20210, or by fax to (202) 693-1644.

    FOR FURTHER INFORMATION CONTACT:

    Information regarding this notice is available from the following sources:

    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office of Communications, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; email: [email protected]

    General and technical information: Contact Mr. Kevin Robinson, Director, Office of Technical Programs and Coordination Activities, Directorate of Technical Support and Emergency Management, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone: (202) 693-2110 or email: [email protected]

    SUPPLEMENTARY INFORMATION: I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing notice that TUV SUD America Inc. (TUVAM) is applying for expansion of its current recognition as an NRTL. TUVAM requests the addition of one recognized testing and certification site and fifteen test standards to its NRTL scope of recognition.

    OSHA recognition of an NRTL signifies that the organization meets the requirements specified in Title 29, Code of Federal Regulations, Section 1910.7 (29 CFR 1910.7). Recognition is an acknowledgment that the organization can perform independent safety testing and certification of the specific products covered within its scope of recognition, and is not a delegation or grant of government authority. Recognition enables employers to use products approved by the NRTL to meet OSHA standards that require product testing and certification.

    The Agency processes applications by an NRTL for initial recognition and for an expansion or renewal of this recognition, following requirements in Appendix A to 29 CFR 1910.7. This appendix requires that the Agency publish two notices in the Federal Register in processing an application. In the first notice, OSHA announces the application and provides its preliminary finding. In the second notice, the Agency provides its final decision on the application. These notices set forth the NRTL's scope of recognition or modifications of that scope. OSHA maintains an informational Web page for each NRTL, including TUVAM, which details the NRTL's scope of recognition. These pages are available from the OSHA Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.

    Each NRTL's scope of recognition has three elements: (1) The type of products the NRTL may test, with each type specified by its applicable test standard; (2) the recognized site(s) that has/have the technical capability to perform the product testing and product-certification activities for test standards within the NRTL's scope; and (3) the supplemental program(s) that the NRTL may use. Each of these elements allows the NRTL to rely on other parties to perform activities necessary for product testing and certification.

    TUVAM currently has three facilities (sites) recognized by OSHA for product testing and certification, with its headquarters located at: TUD SUD America, Inc., 10 Centennial Drive, Peabody, MA 01960. A complete list of TUVAM sites recognized by OSHA is available at https://www.osha.gov/dts/otpca/nrtl/tuvam.html.

    II. General Background on the Application

    TUVAM submitted an application, dated October 16, 2014 (Exhibit 15-3, Application to Add Test Site and Test Standards, OSHA-2007-0043), to expand its recognition to include the addition of one recognized testing and certification site located at: TUV SUD, 1229 Ringwell Drive, Newmarket, ON, L3Y 8T8, Canada. Additionally, this application seeks to expand its recognition to include fifteen additional test standards. OSHA staff also performed an on-site review of TUVAM's testing facilities in Newmarket, ON Canada on July 14-15, 2015, during which the assessors found some nonconformances with the requirements of 29 CFR 1910.7. TUVAM addressed these issues sufficiently, and OSHA staff preliminarily determined that OSHA should grant the application.

    Table 1 below lists the appropriate test standards found in TUVAM's application for expansion for testing and certification of products under the NRTL Program.

    Table 1—Proposed List of Appropriate Test Standards for Inclusion in TUVAM's NRTL Scope of Recognition Test standard Test standard title UL 2202 Standard for Electric Vehicle (EV) Charging System Equipment. ANSI Z83.8 Gas Unit Heaters, Gas Utility Heaters and Gas-Fired Duct Furnaces. ANSI Z21.13 Gas-Fired Low Pressure Steam and Hot Water Boilers. UL 795 Standard for Commercial-Industrial Gas Heating Equipment. UL 726 Standard for Oil-Fired Boiler Assemblies. UL 727 Standard for Oil-Fired Central Furnaces. ANS Z21.10.3 Gas-Fired Water Heaters—Volume III, Storage Water Heaters With Input Ratings Above 75,000 BTU Per Hour, Circulating and Instantaneous. UL 484 Standard for Room Air Conditioners. UL 705 Standard for Power Ventilators. UL 1812 Standard for Ducted Heat Recovery Ventilators. UL 1815 Standard for Non-ducted Heat Recovery Ventilators. UL 412 Standard for Refrigeration Unit Coolers. UL 1042 Standard for Electric Baseboard Heating Equipment. UL 1996 Standard for Electric Duct Heaters. UL 2021 Standard for Fixed and Location-Dedicated Electric Room Heaters. III. Preliminary Finding on the Application

    TUVAM submitted an acceptable application for expansion of its scope of recognition. OSHA's review of the application file and its detailed on-site assessment indicate that TUVAM can meet the requirements prescribed by 29 CFR 1910.7 for expanding its recognition to include the addition of one site and fifteen standards for NRTL testing and certification. This preliminary finding does not constitute an interim or temporary approval of TUVAM's application.

    OSHA welcomes public comment as to whether TUVAM meets the requirements of 29 CFR 1910.7 for expansion of its recognition as an NRTL. Comments should consist of pertinent written documents and exhibits. Commenters needing more time to comment must submit a request in writing, stating the reasons for the request. Commenters must submit the written request for an extension by the due date for comments. OSHA will limit any extension to 10 days unless the requester justifies a longer period. OSHA may deny a request for an extension if it is not adequately justified. To obtain or review copies of the exhibits identified in this notice, as well as comments submitted to the docket, contact the Docket Office, Room N-2625, Occupational Safety and Health Administration, U.S. Department of Labor, at the above address. These materials also are available online at http://www.regulations.gov under Docket No. OSHA-2007-0043.

    OSHA staff will review all comments to the docket submitted in a timely manner and, after addressing the issues raised by these comments, will recommend to the Assistant Secretary for Occupational Safety and Health whether to grant TUVAM's application for expansion of its scope of recognition. The Assistant Secretary will make the final decision on granting the application. In making this decision, the Assistant Secretary may undertake other proceedings prescribed in Appendix A to 29 CFR 1910.7.

    OSHA will publish a public notice of this final decision in the Federal Register.

    Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, 200 Constitution Avenue NW., Washington, DC 20210, authorized the preparation of this notice. Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on December 2, 2015. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health.
    [FR Doc. 2015-30783 Filed 12-4-15; 8:45 am] BILLING CODE 4510-26-P
    DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2013-0017] Quality Auditing Institute, Ltd.: Application for Expansion of Recognition and Modification to the List of Appropriate NRTL Program Test Standards AGENCY:

    Occupational Safety and Health Administration (OSHA), Labor.

    ACTION:

    Notice.

    SUMMARY:

    In this notice, OSHA announces the application of Quality Auditing Institute, Ltd. for expansion of its recognition as a Nationally Recognized Testing Laboratory (NRTL) and presents the Agency's preliminary finding to grant the application. Additionally, OSHA proposes to add a new test standard to the NRTL list of appropriate test standards.

    DATES:

    Submit comments, information, and documents in response to this notice, or requests for an extension of time to make a submission, on or before December 22, 2015.

    ADDRESSES:

    Submit comments by any of the following methods:

    1. Electronically: Submit comments and attachments electronically at http://www.regulations.gov, which is the Federal eRulemaking Portal. Follow the instructions online for making electronic submissions.

    2. Facsimile: If submissions, including attachments, are not longer than 10 pages, commenters may fax them to the OSHA Docket Office at (202) 693-1648.

    3. Regular or express mail, hand delivery, or messenger (courier) service: Submit comments, requests, and any attachments to the OSHA Docket Office, Docket No. OSHA-2013-0017, Technical Data Center, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC 20210; telephone: (202) 693-2350 (TTY number: (877) 889-5627). Note that security procedures may result in significant delays in receiving comments and other written materials by regular mail. Contact the OSHA Docket Office for information about security procedures concerning delivery of materials by express mail, hand delivery, or messenger service. The hours of operation for the OSHA Docket Office are 8:15 a.m.-4:45 p.m., e.t.

    4. Instructions: All submissions must include the Agency name and the OSHA docket number (OSHA-2013-0017). OSHA places comments and other materials, including any personal information, in the public docket without revision, and these materials will be available online at http://www.regulations.gov. Therefore, the Agency cautions commenters about submitting statements they do not want made available to the public, or submitting comments that contain personal information (either about themselves or others) such as Social Security numbers, birth dates, and medical data.

    5. Docket: To read or download submissions or other material in the docket, go to http://www.regulations.gov or the OSHA Docket Office at the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g., copyrighted material) is not publicly available to read or download through the Web site. All submissions, including copyrighted material, are available for inspection at the OSHA Docket Office. Contact the OSHA Docket Office for assistance in locating docket submissions.

    6. Extension of comment period: Submit requests for an extension of the comment period on or before December 22, 2015 to the Office of Technical Programs and Coordination Activities, Directorate of Technical Support and Emergency Management, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-3655, Washington, DC 20210, or by fax to (202) 693-1644.

    FOR FURTHER INFORMATION CONTACT:

    Information regarding this notice is available from the following sources:

    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office of Communications, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; email: [email protected]

    General and technical information: Contact Mr. Kevin Robinson, Director, Office of Technical Programs and Coordination Activities, Directorate of Technical Support and Emergency Management, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone: (202) 693-2110 or email: [email protected]

    SUPPLEMENTARY INFORMATION: I. Notice of the Application for Expansion

    The Occupational Safety and Health Administration is providing notice that Quality Auditing Institute, Ltd. (QAI), is applying for expansion of its current recognition as an NRTL. QAI requests the addition of sixteen test standards to its NRTL scope of recognition.

    OSHA recognition of an NRTL signifies that the organization meets the requirements specified in 29 CFR 1910.7. Recognition is an acknowledgment that the organization can perform independent safety testing and certification of the specific products covered within its scope of recognition. Each NRTL's scope of recognition includes (1) the type of products the NRTL may test, with each type specified by its applicable test standard; and (2) the recognized site(s) that has/have the technical capability to perform the product-testing and product-certification activities for test standards within the NRTL's scope. Recognition is not a delegation or grant of government authority; however, recognition enables employers to use products approved by the NRTL to meet OSHA standards that require product testing and certification.

    The Agency processes applications by an NRTL for initial recognition and for an expansion or renewal of this recognition, following requirements in Appendix A to 29 CFR 1910.7. This appendix requires that the Agency publish two notices in the Federal Register in processing an application. In the first notice, OSHA announces the application and provides its preliminary finding. In the second notice, the Agency provides its final decision on the application. These notices set forth the NRTL's scope of recognition or modifications of that scope. OSHA maintains an informational Web page for each NRTL, including QAI, which details the NRTL's scope of recognition. These pages are available from the OSHA Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.

    QAI currently has two facilities (sites) recognized by OSHA for product testing and certification, with its headquarters located at: #16-211 Schoolhouse Street, Coquitlam, B.C., V3K 4X9, Canada. A complete list of QAI's scope of recognition is available at https://www.osha.gov/dts/otpca/nrtl/qai.html.

    II. General Background on the Application

    QAI submitted an application, dated November 18, 2014 (Exhibit 15-1—Application for Scope Expansion OSHA-2013-0017), to expand its recognition to include sixteen additional test standards. OSHA staff performed detailed analysis of the application packet and reviewed other pertinent information. OSHA did not perform any on-site reviews in relation to this application.

    Table 1 below lists the test standards found in QAI's application for expansion for testing and certification of products under the NRTL Program. All of these standards already appear on OSHA's list of appropriate test standards except UL 962, Standard for Household and Commercial Furnishings. As discussed below, OSHA is proposing to add UL 962 to the appropriate test standard list by this notice.

    Table 1—Proposed List of Appropriate Test Standards for Inclusion in QAI's NRTL Scope of Recognition Test standard Test standard title UL 48 Standard for Electric Signs. UL 153 Standard for Portable Electric Luminaires. UL 234 Standard for Low Voltage Lighting Fixtures for Use in Recreational Vehicles. UL 355 Standard for Cord Reels. UL 507 Standard for Electric Fans. UL 508 Standard for Industrial Control Equipment. UL 508A Standard for Industrial Control Panels. UL 514C Standard for Nonmetallic Outlet Boxes, Flush-Device Boxes and Covers. UL 514D Cover Plates for Flush-Mounted Wiring Devices. UL 962* Standard for Household and Commercial Furnishings. UL 1574 Standard for Track Lighting Systems. UL 1993 Self-Ballasted Lamps and Lamp Adapters. UL 2108 Standard for Low Voltage Lighting Systems. UL 60950-1 Information Technology Equipment—Safety—Part 1: General Requirements. UL 61010-1 Safety Requirements for Electrical Equipment Measurement, Control, and Laboratory Use—Part 1: General Requirements. UL 8750 Standard for Light Emitting Diode (LED) Equipment for Use in Lighting Products. *Represents a new standard that OSHA is proposing to add to the NRTL Program's List of Appropriate Test Standards. III. Proposal To Add New Test Standards to the NRTL Program's List of Appropriate Test Standards

    Periodically, OSHA will propose to add new test standards to the NRTL list of appropriate test standards following an evaluation of the test standard document. To qualify as an appropriate test standard, the Agency evaluates the document to (1) verify it represents a product category for which OSHA requires certification by an NRTL, (2) verify the document represents an end product and not a component, and (3) verify the document defines safety test specifications (not installation or operational performance specifications).

    In this notice, OSHA proposes to add a new test standard to the NRTL Program's list of appropriate test standards. Table 2, below, lists the test standard new to the NRTL Program. OSHA preliminarily determined that this test standard is an appropriate test standard and proposes to include this test standard in the NRTL Program's list of appropriate test standards. OSHA seeks public comment on this preliminary determination.

    Table 2—Test Standard OSHA Is Proposing To Add to the NRTL Program's List of Appropriate Test Standards Test standard Test standard title UL 962 Standard for Household and Commercial Furnishings. IV. Preliminary Findings on QAI's Application

    QAI submitted an acceptable application for expansion of its scope of recognition. OSHA's review of the application file and pertinent information indicate that QAI can meet the requirements prescribed by 29 CFR 1910.7 for expanding its recognition to include the addition of these sixteen test standards for NRTL testing and certification listed above. This preliminary finding does not constitute an interim or temporary approval of QAI's application.

    OSHA welcomes public comment as to whether QAI meets the requirements of 29 CFR 1910.7 for expansion of its recognition as an NRTL. Comments should consist of pertinent written documents and exhibits. Commenters needing more time to comment must submit a request in writing, stating the reasons for the request. Commenters must submit the written request for an extension by the due date for comments. OSHA will limit any extension to 10 days unless the requester justifies a longer period. OSHA may deny a request for an extension if the request is not adequately justified. To obtain or review copies of the exhibits identified in this notice, as well as comments submitted to the docket, contact the Docket Office, Room N-2625, Occupational Safety and Health Administration, U.S. Department of Labor, at the above address. These materials also are available online at http://www.regulations.gov under Docket No. OSHA-2013-0017.

    OSHA staff will review all comments to the docket submitted in a timely manner and, after addressing the issues raised by these comments, will recommend to the Assistant Secretary for Occupational Safety and Health whether to grant QAI's application for expansion of its scope of recognition. The Assistant Secretary will make the final decision on granting the application. In making this decision, the Assistant Secretary may undertake other proceedings prescribed in Appendix A to 29 CFR 1910.7.

    OSHA will publish a public notice of its final decision in the Federal Register.

    Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, 200 Constitution Avenue NW., Washington, DC 20210, authorized the preparation of this notice. Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on December 2, 2015. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health.
    [FR Doc. 2015-30786 Filed 12-4-15; 8:45 am] BILLING CODE 4510-26-P
    DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2009-0026] Curtis-Strauss LLC: Grant of Expansion of Recognition AGENCY:

    Occupational Safety and Health Administration (OSHA), Labor.

    ACTION:

    Notice.

    SUMMARY:

    In this notice, OSHA announces its final decision to expand the scope of recognition for Curtis-Strauss LLC, as a Nationally Recognized Testing Laboratory (NRTL).

    DATES:

    The expansion of the scope of recognition becomes effective on December 7, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Information regarding this notice is available from the following sources:

    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office of Communications, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-3647, Washington, DC 20210; telephone: (202) 693-1999; email: [email protected]

    General and technical information: Contact Mr. Kevin Robinson, Director, Office of Technical Programs and Coordination Activities, Directorate of Technical Support and Emergency Management, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-3655, Washington, DC 20210; telephone: (202) 693-2110; email: [email protected] OSHA's Web page includes information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

    SUPPLEMENTARY INFORMATION: I. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of recognition of Curtis-Strauss LLC (CSL), as an NRTL. CSL's expansion covers the addition of five test standards to its scope of recognition.

    OSHA recognition of an NRTL signifies that the organization meets the requirements specified by 29 CFR 1910.7. Recognition is an acknowledgment that the organization can perform independent safety testing and certification of the specific products covered within its scope of recognition and is not a delegation or grant of government authority. As a result of recognition, employers may use products properly approved by the NRTL to meet OSHA standards that require testing and certification of the products.

    The Agency processes applications by an NRTL for initial recognition, or for expansion or renewal of this recognition, following requirements in Appendix A to 29 CFR 1910.7. This appendix requires that the Agency publish two notices in the Federal Register in processing an application. In the first notice, OSHA announces the application and provides its preliminary finding and, in the second notice, the Agency provides its final decision on the application. These notices set forth the NRTL's scope of recognition or modifications of that scope. OSHA maintains an informational Web page for each NRTL that details its scope of recognition. These pages are available from the Agency's Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.

    CSL submitted an application, dated November 3, 2014 (OSHA-2009-0026-0058), to expand its recognition to include five additional test standards. OSHA staff performed a comparability analysis and reviewed other pertinent information. OSHA performed an on-site review in relation to this application on January 27-28, 2015.

    OSHA published the preliminary notice announcing CSL's expansion application in the Federal Register on September 22, 2015 (80 FR 57232). The Agency requested comments by October 7, 2015, but it received no comments in response to this notice. OSHA now is proceeding with this final notice to grant expansion of CSL's scope of recognition.

    To obtain or review copies of all public documents pertaining to the CSL's application, go to www.regulations.gov or contact the Docket Office, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue NW, Room N-2625, Washington, DC 20210. Docket No. OSHA-2009-0026 contains all materials in the record concerning CSL's recognition.

    II. Final Decision and Order

    OSHA staff examined CSL's expansion application, conducted a detailed on-site assessment, and examined other pertinent information. Based on its review of this evidence, OSHA finds that CSL meets the requirements of 29 CFR 1910.7 for expansion of its recognition, subject to the specified limitation and conditions listed below. OSHA, therefore, is proceeding with this final notice to grant CSL's scope of recognition. OSHA limits the expansion of CSL's recognition to testing and certification of products for demonstration of conformance to the test standards listed in Table 1 below.

    Table 1—List of Appropriate Test Standards for Inclusion in CSL's NRTL Scope of Recognition Test standard Test standard title UL 507 Standard for Electric Fans. UL 1026 Standard for Electric Household Cooking and Food-Serving Appliances. UL 1082 Standard for Household Electric Coffee Makers and Brewing-Type Appliances. UL 60335-1 Safety of Household and Similar Electrical Appliances, Part 1: General Requirements. UL 60335-2-8 Standard for Safety for Household and Similar Electrical Appliances, Part 2: Particular Requirements for Electric Shavers, Hair Clippers and Similar Appliances.

    OSHA's recognition of any NRTL for a particular test standard is limited to equipment or materials for which OSHA standards require third-party testing and certification before using them in the workplace. Consequently, if a test standard also covers any products for which OSHA does not require such testing and certification, an NRTL's scope of recognition does not include these products.

    The American National Standards Institute (ANSI) may approve the test standards listed above as American National Standards. However, for convenience, we may use the designation of the standards-developing organization for the standard as opposed to the ANSI designation. Under the NRTL Program's policy (see OSHA Instruction CPL 1-0.3, Appendix C, paragraph XIV), any NRTL recognized for a particular test standard may use either the proprietary version of the test standard or the ANSI version of that standard. Contact ANSI to determine whether a test standard is currently ANSI-approved.

    A. Conditions

    In addition to those conditions already required by 29 CFR 1910.7, CSL must abide by the following conditions of the recognition:

    1. CSL must inform OSHA as soon as possible, in writing, of any change of ownership, facilities, or key personnel, and of any major change in its