Federal Register Vol. 80, No.240,

Federal Register Volume 80, Issue 240 (December 15, 2015)

Page Range77567-78115
FR Document

80_FR_240
Current View
Page and SubjectPDF
80 FR 77591 - Petition Requesting Rulemaking on Products Containing Organohalogen Flame Retardants; Notice of Opportunity for Oral Presentation of CommentsPDF
80 FR 77697 - Privacy Act of 1974; Department of Transportation, Federal Aviation Administration, DOT/FAA-801; Aircraft Registration Records System of Records NoticePDF
80 FR 77647 - Proposed Collection; 60-Day Comment Request; The Impact of Clinical Research Training and Medical Education at the Clinical Center on Physician Careers in Academia and Clinical Research (CC)PDF
80 FR 77567 - Suspension of Limitations Under the Jerusalem Embassy ActPDF
80 FR 77620 - Sunshine Act Meeting NoticePDF
80 FR 77688 - In The Matter of Oxford City Football Club, Inc.; Order of Suspension of TradingPDF
80 FR 77678 - Sunshine Act MeetingPDF
80 FR 77569 - Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying BenefitsPDF
80 FR 77589 - Energy Conservation Standards and Test Procedure for Miscellaneous Refrigeration Products: Notice of Data Availability; Request for InformationPDF
80 FR 77655 - HEARTH Act Approval of Gila River Indian Community RegulationsPDF
80 FR 77605 - Polyethylene Terephthalate Film, Sheet and Strip From Brazil: Final Results of Antidumping Duty Administrative Review; 2013-2014PDF
80 FR 77603 - Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination of Sales at Less Than Fair Value and Notice of Amended Final Determination of Sales at Less Than Fair Value Pursuant to Court DecisionPDF
80 FR 77691 - In the Matter of the Designation of Emrah Erdogan aka Salahuddin al-Kurdi as a Specially Designated Global Terrorist Pursuant to Section 1(b) of Executive Order 13224, as AmendedPDF
80 FR 77650 - American Samoa; Amendment No. 1 to Notice of a Major Disaster DeclarationPDF
80 FR 77648 - Texas; Major Disaster and Related DeterminationsPDF
80 FR 77646 - Request for Public Comment: 30-Day Proposed Information Collection: Indian Health Service (IHS) Sharing What Works-Best Practice, Promising Practice, and Local Effort (BPPPLE) FormPDF
80 FR 77649 - Board of Visitors for the National Fire AcademyPDF
80 FR 77672 - Pacific Gas and Electric Company; Diablo Canyon Power Plant, Units 1 and 2, and Diablo Canyon Independent Spent Fuel Storage InstallationPDF
80 FR 77691 - Privacy Act; System of Records: Security Records, State-36.PDF
80 FR 77672 - State, Local, Tribal, and Private Sector Policy Advisory Committee (SLTPS-PAC) MeetingPDF
80 FR 77657 - Renewal of Approved Information CollectionPDF
80 FR 77626 - Certain New Chemicals; Receipt and Status Information for October 2015PDF
80 FR 77617 - Agency Information Collection Activities; Comment Request; National Assessment of Educational Progress (NAEP) 2017-2019PDF
80 FR 77606 - Fisheries of the Exclusive Economic Zone Off Alaska; North Pacific Groundfish and Halibut Observer Program Standard Ex-Vessel PricesPDF
80 FR 77614 - Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing PermitsPDF
80 FR 77617 - Funding Additional Awards; Research Networks Focused on Critical Problems of Education Policy and Practice ProgramPDF
80 FR 77592 - Proposed Scope of NTIA's Authority Regarding FirstNet FeesPDF
80 FR 77706 - Proposed Information Collection (The Veterans Metrics Initiative: Linking Program Components to Post-Military Well-Being)PDF
80 FR 77665 - Notice of Charter EstablishmentPDF
80 FR 77697 - Michael Williams-Control Exemption-SDR Holding CompanyPDF
80 FR 77615 - Agency Information Collection Activities: Notice of Intent To Renew Collection 3038-0031, Procurement ContractsPDF
80 FR 77653 - 30-Day Notice of Proposed Information Collection: Contractor's Requisition-Project MortgagesPDF
80 FR 77654 - 30-Day Notice of Proposed Information Collection: Application for Rural Capacity Building for Community Development and Affordable Housing NOFAPDF
80 FR 77651 - 30-Day Notice of Proposed Information Collection: Housing Choice Voucher ProgramPDF
80 FR 77653 - 60-Day Notice of Proposed Information Collection: Statutorily-Mandated Collection of Information for Tenants in LIHTC PropertiesPDF
80 FR 77694 - Procurement Thresholds for Implementation of the Trade Agreements Act of 1979PDF
80 FR 77614 - Proposed Information Collection; Comment Request; Alaska Region Bering Sea and Aleutian Islands (BSAI) Crab Economic Data Reports (EDR)PDF
80 FR 77605 - Submission for OMB Review; Comment RequestPDF
80 FR 77661 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Semi-Annual Progress Report for Justice for Families ProgramPDF
80 FR 77667 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved CollectionPDF
80 FR 77664 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved CollectionPDF
80 FR 77662 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved CollectionPDF
80 FR 77569 - Notice of Delay of Discharge Requirements for U.S. Coast Guard Activities in Greater Farallones and Cordell Bank National Marine Sanctuaries; CorrectionPDF
80 FR 77660 - Hearings of the Judicial Conference Advisory Committee on the Federal Rules of EvidencePDF
80 FR 77631 - Agency Information Collection Activities: Proposed Information Collection Revision; Comment Request (3064-0189)PDF
80 FR 77633 - Notice of Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking ActivitiesPDF
80 FR 77633 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
80 FR 77570 - Safety Zone, Great Egg Harbor Bay; Somers Point, NJPDF
80 FR 77573 - Safety Zone, Delaware River; Marcus Hook, PAPDF
80 FR 77674 - New Postal ProductPDF
80 FR 77634 - Office of Federal High-Performance Green Buildings; Green Building Advisory Committee; Notification of Upcoming Conference CallsPDF
80 FR 77616 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; The Secretary of the Department of Education's Recognition of Accrediting Agencies, and the Comparability of Medical and Veterinary Medical ProgramsPDF
80 FR 77630 - Agency Information Collection Activities: Proposed Collection Renewals; Comment Request (3064-0046, 3064-0113, & 3064-0178)PDF
80 FR 77629 - Notice to All Interested Parties of the Termination of the Receivership of 10326, Legacy Bank, Scottsdale, ArizonaPDF
80 FR 77588 - Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2015-2016 Accountability Measure and Closure for Commercial King Mackerel in the Florida West Coast Northern Subzone; CorrectionPDF
80 FR 77618 - Powder River Crude Services, LLC; Powder River Express, LLC; Notice of Petiton for Declaratory OrderPDF
80 FR 77623 - Chicap Pipe Line Company; Notice Of Petiton For Declaratory OrderPDF
80 FR 77624 - Buckeye Pipe Line Transportation, LLC; Notice of Petition for Declaratory OrderPDF
80 FR 77618 - Notice of Commission Staff AttendancePDF
80 FR 77619 - Notice of ConferencePDF
80 FR 77621 - Tennessee Gas Pipeline Company, L.L.C.; Notice of Intent To Prepare an Environmental Assessment for the Proposed Southwest Louisiana Supply Project and Request for Comments on Environmental IssuesPDF
80 FR 77663 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision to a Currently Approved CollectionPDF
80 FR 77666 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision to a Currently Approved CollectionPDF
80 FR 77661 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision to a Currently Approved CollectionPDF
80 FR 77664 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision to a Currently Approved CollectionPDF
80 FR 77667 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision to a Currently Approved CollectionPDF
80 FR 77619 - Tennessee Gas Pipeline Company, L.L.C; Notice of Schedule for Environmental Review of the Triad Expansion ProjectPDF
80 FR 77623 - Combined Notice of Filings #1PDF
80 FR 77625 - Notification of Two Teleconferences and a Face-to-Face Meeting of the Science Advisory Board Economy-Wide Modeling PanelPDF
80 FR 77585 - RESTORE Act-Initial Funded Priorities ListPDF
80 FR 77591 - Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for 2015 Control PeriodsPDF
80 FR 77578 - Approval and Promulgation of Implementation Plans; Washington: Interstate Transport of OzonePDF
80 FR 77601 - Codex Alimentarius Commission: Meeting of the Codex Committee on Food Import and Export Inspection and Certification SystemsPDF
80 FR 77600 - Codex Alimentarius Commission: Meeting of the Codex Committee on Methods of Analysis and SamplingPDF
80 FR 77703 - Proposed Collection; Comment RequestPDF
80 FR 77704 - Proposed Collection; Comment Request for Revenue Procedure 2003-48PDF
80 FR 77702 - Proposed Collection; Comment Request for Form 8038-CPPDF
80 FR 77674 - Product Change-Priority Mail Negotiated Service AgreementPDF
80 FR 77703 - Proposed Collection; Comment Request for Form 4626PDF
80 FR 77700 - Proposed Collection; Comment Request for Regulation ProjectPDF
80 FR 77674 - Product Change-Priority Mail Express and Priority Mail Negotiated Service AgreementPDF
80 FR 77705 - Proposed Collection; Comment Request for Regulation ProjectPDF
80 FR 77702 - Proposed Collection; Comment Request for Revenue Procedure 2003-38PDF
80 FR 77674 - Product Change-Parcel Select Negotiated Service AgreementPDF
80 FR 77701 - Proposed Collection; Comment Request for Form 8905PDF
80 FR 77656 - Renewal of Information Collection for: OMB Control Number-1093-0005-Payments in Lieu of Taxes (PILT) Act, Statement of Federal Lands Payments, (43 CFR 44)PDF
80 FR 77704 - Proposed Collection; Comment Request for Form 944, Form 944(SP), Form 944-X, Form 944-X (SP), and 944-X (PR).PDF
80 FR 77683 - Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of EDGX Exchange, Inc.PDF
80 FR 77675 - Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of EDGA Exchange, Inc.PDF
80 FR 77680 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 123C-Equities To Define the Term “Official Closing Price”PDF
80 FR 77684 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to NYSE MKT Trades Market Data Product OfferingPDF
80 FR 77676 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to NYSE Trades Market Data Product OfferingPDF
80 FR 77688 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 123C To Define the Term “Official Closing Price”PDF
80 FR 77686 - Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 19.6, Series of Options Contracts Open for TradingPDF
80 FR 77678 - Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 19.6, Series of Options Contracts Open for TradingPDF
80 FR 77648 - National Institute of Allergy and Infectious Diseases; Notice of MeetingsPDF
80 FR 77647 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingPDF
80 FR 77647 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingsPDF
80 FR 77580 - RESTORE Act Spill Impact Component AllocationPDF
80 FR 77672 - Notice of Appointments of Individuals To Serve as Members of Performance Review Boards; CorrectionPDF
80 FR 77603 - Submission for OMB Review; Comment RequestPDF
80 FR 77668 - Software-Enabled Consumer Products Study: Notice and Request for Public CommentPDF
80 FR 77650 - Intent To Request Renewal From OMB of One Current Public Collection of Information: Air Cargo Security RequirementsPDF
80 FR 77696 - Sixth Meeting: RTCA Special Committee (230) Airborne Weather Detection SystemsPDF
80 FR 77696 - Second Meeting: RTCA Special Committee (235) Non-Rechargeable Lithium BatteriesPDF
80 FR 77634 - Premarket Studies of Implantable Minimally Invasive Glaucoma Surgical Devices; Guidance for Industry and Food and Drug Administration Staff; AvailabilityPDF
80 FR 77636 - Head Lice Infestation: Developing Drugs for Topical Treatment; Draft Guidance for Industry; AvailabilityPDF
80 FR 77645 - Use of Nucleic Acid Tests To Reduce the Risk of Transmission of West Nile Virus From Living Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products; Draft Guidance for Industry; AvailabilityPDF
80 FR 77641 - Point of Care Prothrombin Time/International Normalized Ratio Devices for Monitoring Warfarin Therapy; Public Workshop; Request for CommentsPDF
80 FR 77637 - Agency Information Collection Activities; Proposed Collection; Comment Request; Bar Code Label Requirement for Human Drug and Biological ProductsPDF
80 FR 77640 - Determination of Regulatory Review Period for Purposes of Patent Extension; VIZAMYLPDF
80 FR 77643 - Determination of Regulatory Review Period for Purposes of Patent Extension; RAXIBACUMABPDF
80 FR 77638 - Determination of Regulatory Review Period for Purposes of Patent Extension; Trivascular Ovation Abdominal Stent Graft SystemPDF
80 FR 77598 - Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Big Sandy Crayfish and the Guyandotte River CrayfishPDF
80 FR 77658 - Notice of Extension of Concession ContractsPDF
80 FR 77575 - Name Change From the Office of Solid Waste and Emergency Response (OSWER) to the Office of Land and Emergency Management (OLEM)PDF
80 FR 77916 - Semiannual Regulatory Agenda, Fall 2015PDF
80 FR 77998 - Department Regulatory Agenda; Semiannual SummaryPDF
80 FR 78018 - Semiannual Agenda and Fiscal Year 2015 Regulatory PlanPDF
80 FR 77586 - Notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo, and RecordsPDF
80 FR 77710 - Introduction to the Unified Agenda of Federal Regulatory and Deregulatory ActionsPDF
80 FR 77980 - Semiannual Regulatory AgendaPDF
80 FR 78112 - Regulatory Flexibility AgendaPDF
80 FR 78108 - Unified Agenda of Federal Regulatory and Deregulatory ActionsPDF
80 FR 78104 - Semiannual Regulatory Flexibility AgendaPDF
80 FR 78066 - Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2015PDF
80 FR 78062 - Semiannual Regulatory AgendaPDF
80 FR 78056 - Semiannual Regulatory AgendaPDF
80 FR 78048 - Semiannual Regulatory AgendaPDF
80 FR 78040 - Semiannual Regulatory AgendaPDF
80 FR 78036 - Regulatory AgendaPDF
80 FR 78032 - Unified Agenda of Federal Regulatory and Deregulatory ActionsPDF
80 FR 78024 - Fall 2015 Regulatory AgendaPDF
80 FR 78020 - Unified Agenda of Federal Regulatory and Deregulatory ActionsPDF
80 FR 77992 - Semiannual Agenda of RegulationsPDF
80 FR 77990 - Regulatory AgendaPDF
80 FR 77984 - Semiannual Regulatory AgendaPDF
80 FR 77972 - Unified Agenda of Federal Regulatory and Deregulatory ActionsPDF
80 FR 77960 - Regulatory AgendaPDF
80 FR 77956 - Semiannual Regulatory AgendaPDF
80 FR 77952 - Unified Agenda of Federal Regulatory and Deregulatory ActionsPDF
80 FR 77948 - Improving Government Regulations; Unified Agenda of Federal Regulatory and Deregulatory ActionsPDF
80 FR 77928 - Fall 2015 Semiannual Agenda of RegulationsPDF

Issue

80 240 Tuesday, December 15, 2015 Contents Agriculture Agriculture Department See

Food Safety and Inspection Service

PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 77916-77925 2015-31019
Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 78020-78021 2015-30632 Consumer Financial Protection Bureau of Consumer Financial Protection PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 78056-78060 2015-30668 Coast Guard Coast Guard RULES Safety Zones: Delaware River; Marcus Hook, PA, 77573-77575 2015-31488 Great Egg Harbor Bay; Somers Point, NJ, 77570-77573 2015-31489 Commerce Commerce Department See

International Trade Administration

See

National Oceanic and Atmospheric Administration

See

National Telecommunications and Information Administration

PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 77928-77946 2015-30613 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 77603 2015-31415
Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Procurement Contracts, 77615-77616 2015-31509 Consumer Product Consumer Product Safety Commission PROPOSED RULES Products Containing Organohalogen Flame Retardants; Opportunity for Oral Presentation of Comments, 77591 C1--2015--30694 Regulatory Agenda: Semiannual Regulatory Agenda, 78062-78064 2015-30672 Copyright Office Copyright Office, Library of Congress NOTICES Software-Enabled Consumer Products Study, 77668-77672 2015-31411 Defense Department Defense Department PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 77948-77953 2015-30615 2015-30666 Education Department Education Department PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 77952-77953 2015-30618 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Assessment of Educational Progress 2017-2019, 77617-77618 2015-31521 The Secretary of the Department of Education's Recognition of Accrediting Agencies, and the Comparability of Medical and Veterinary Medical Programs, 77616-77617 2015-31484 Funding Additional Awards: Research Networks Focused on Critical Problems of Education Policy and Practice Program, 77617 2015-31517 Energy Department Energy Department See

Federal Energy Regulatory Commission

PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 77956-77958 2015-30619 Requests for Information: Energy Conservation Standards and Test Procedure for Miscellaneous Refrigeration Products, 77589-77591 2015-31566
Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Washington; Interstate Transport of Ozone, 77578-77580 2015-31460 Name Change from the Office of Solid Waste and Emergency Response to the Office of Land and Emergency Management, 77575-77578 2015-31061 PROPOSED RULES Allocations of Cross-State Air Pollution Rule Allowances from New Unit Set-Asides for 2015 Control Periods, 77591-77592 2015-31461 Regulatory Agenda: Semiannual Regulatory Agenda, 78024-78030 2015-30656 NOTICES Certain New Chemicals; Receipt and Status Information for October 2015, 77626-77629 2015-31522 Meetings: Science Advisory Board Economy-Wide Modeling Panel, 77625-77626 2015-31465 Federal Aviation Federal Aviation Administration NOTICES Meetings: RTCA Special Committee (230) Airborne Weather Detection Systems, 77696-77697 2015-31409 RTCA Special Committee (235) Non-Rechargeable Lithium Batteries, 77696 2015-31408 Federal Communications Federal Communications Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 78066-78102 2015-30673 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 77630-77633 2015-31483 2015-31492 Terminations of Receivership: Legacy Bank; Scottsdale, AZ, 77629-77630 2015-31482 Federal Emergency Federal Emergency Management Agency NOTICES Major Disaster Declarations: American Samoa; Amendment No. 1, 77650 2015-31536 Major Disasters and Related Determinations: Texas, 77648-77649 2015-31535 Requests for Nominations: Board of Visitors for the National Fire Academy, 77649-77650 2015-31533 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 77623-77624 2015-31466 Environmental Assessments; Availability, etc.: Tennessee Gas Pipeline Co., LLC, 77619 2015-31467 Tennessee Gas Pipeline Co., LLC, Southwest Louisiana Supply Project, 77621-77623 2015-31473 Meetings: Public Service Co. of Colorado; Black Hills, Colorado Electric Utility Co., LP, 77619-77620 2015-31474 Meetings; Sunshine Act, 77620-77621 2015-31605 Petitons for Declaratory Orders: Buckeye Pipe Line Transportation, LLC, 77624 2015-31476 Chicap Pipe Line Co., 77623 2015-31477 Powder River Crude Services, LLC and Powder River Express, LLC, 77618-77619 2015-31478 Staff Attendance, 77618 2015-31475 Federal Reserve Federal Reserve System PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 78104-78105 2015-30675 NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 77633 2015-31490 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 77633 2015-31491 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Status for the Big Sandy Crayfish and the Guyandotte River Crayfish, 77598-77599 2015-31369 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bar Code Label Requirement for Human Drug and Biological Products, 77637-77638 2015-31402 Draft Guidance for Industry and Staff: Head Lice Infestation--Developing Drugs for Topical Treatment, 77636-77637 2015-31406 Use of Nucleic Acid Tests to Reduce the Risk of Transmission of West Nile Virus From Living Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products, 77645-77646 2015-31405 Guidance for Industry and Staff: Premarket Studies of Implantable Minimally Invasive Glaucoma Surgical Devices, 77634-77636 2015-31407 Meetings: Point of Care Prothrombin Time/International Normalized Ratio Devices for Monitoring Warfarin Therapy; Public Workshop, 77641-77643 2015-31404 Regulatory Review Periods for Patent Extensions: RAXIBACUMAB, 77643-77645 2015-31400 TRIVASCULAR OVATION ABDOMINAL STENT GRAFT SYSTEM, 77638-77640 2015-31397 VIZAMYL, 77640-77641 2015-31401 Food Safety Food Safety and Inspection Service NOTICES Meetings: Codex Alimentarius Commission; Codex Committee on Food Import and Export Inspection and Certification Systems, 77601-77602 2015-31459 Codex Alimentarius Commission; Codex Committee on Methods of Analysis and Sampling, 77600-77601 2015-31458 General Services General Services Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 78032-78033, 78048-78053 2015-30661 2015-30666 NOTICES Meetings: Office of Federal High-Performance Green Buildings; Green Building Advisory Committee, 77634 2015-31485 Gulf Coast Ecosystem Restoration Council Gulf Coast Ecosystem Restoration Council RULES RESTORE Act—Initial Funded Priorities List, 77585-77586 2015-31463 RESTORE Act Spill Impact Component Allocation, 77580-77585 2015-31433 Health and Human Health and Human Services Department See

Food and Drug Administration

See

Indian Health Service

See

National Institutes of Health

PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 77960-77970 2015-30620
Homeland Homeland Security Department See

Coast Guard

See

Federal Emergency Management Agency

See

Transportation Security Administration

PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 77972-77978 2015-30621
Housing Housing and Urban Development Department PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 77980-77981 2015-30681 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Rural Capacity Building for Community Development and Affordable Housing NOFA, 77654-77655 2015-31507 Contractor's Requisition-Project Mortgages, 77653 2015-31508 Housing Choice Voucher Program, 77651-77652 2015-31506 Statutorily-Mandated Collection of Information for Tenants in LIHTC Properties, 77653-77654 2015-31505 Indian Affairs Indian Affairs Bureau NOTICES HEARTH Act Approval of Gila River Indian Community Regulations, 77655-77656 2015-31565 Indian Health Indian Health Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Sharing What Works—Best Practice, Promising Practice, and Local Effort Form, 77646-77647 2015-31534 Information Information Security Oversight Office NOTICES Meetings: State, Local, Tribal, and Private Sector Policy Advisory Committee, 77672 2015-31526 Interior Interior Department See

Fish and Wildlife Service

See

Indian Affairs Bureau

See

Land Management Bureau

See

National Park Service

PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 77984-77987 2015-30623 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Payments in Lieu of Taxes Act, Statement of Federal Lands Payments, 77656-77657 2015-31446
Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 77700-77706 2015-31445 2015-31447 2015-31449 2015-31450 2015-31452 2015-31453 2015-31455 2015-31456 2015-31457 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Polyethylene Terephthalate Film, Sheet and Strip from Brazil, 77605 2015-31564 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses from the People's Republic of China, 77603-77605 2015-31559 Judicial Conference Judicial Conference of the United States NOTICES Public Hearings: Judicial Conference Advisory Committee on the Federal Rules of Evidence; Cancellation, 77660 2015-31493 Justice Department Justice Department PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 77990 2015-30625 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 77661-77668 2015-31468 2015-31469 2015-31470 2015-31471 2015-31472 2015-31495 2015-31496 2015-31497 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Semi-Annual Progress Report for Justice for Families Program, 77661-77662 2015-31499 Charter Establishment: Executive Advisory Board of the National Domestic Communications Assistance Center, 77665-77666 2015-31513 Labor Department Labor Department PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 77992-77996 2015-30627 Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 77657-77658 2015-31524 Library Library of Congress See

Copyright Office, Library of Congress

NASA National Aeronautics and Space Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 78036-78037, 78048-78053 2015-30662 2015-30666 National Archives National Archives and Records Administration See

Information Security Oversight Office

National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: The Impact of Clinical Research Training and Medical Education at the Clinical Center on Physician Careers in Academia and Clinical Research, 77647-77648 2015-31631 Meetings: National Institute of Allergy and Infectious Diseases, 77647-77648 2015-31434 2015-31435 2015-31436 National Labor National Labor Relations Board NOTICES Appointments of Individuals to Serve as Members of Performance Review Boards; Correction, 77672 2015-31421 National Oceanic National Oceanic and Atmospheric Administration RULES Boundary Expansions: Greater Farallones and Cordell Bank National Marine Sanctuaries; Delay of Discharge Requirements for U.S. Coast Guard Activities; Correction, 77569 2015-31494 Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic: 2015-2016 Accountability Measure and Closure for Commercial King Mackerel in the Florida West Coast Northern Subzone; Correction, 77588 2015-31480 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alaska Region Bering Sea and Aleutian Islands Crab Economic Data Reports, 77614-77615 2015-31501 Creel Survey of Private Boat Recreational Fishing in the U.S. Virgin Islands, 77605-77606 2015-31500 Domestic Fisheries; General Provisions: Applications for Exempted Fishing Permits, 77614 2015-31519 Fisheries of the Exclusive Economic Zone Off Alaska: North Pacific Groundfish and Halibut Observer Program Standard Ex-Vessel Prices, 77606-77614 2015-31520 National Park National Park Service NOTICES Extension of Concession Contracts, 77658-77660 2015-31331 National Telecommunications National Telecommunications and Information Administration PROPOSED RULES NTIA Authority Regarding FirstNet Fees, 77592-77598 2015-31516 National Transportation National Transportation Safety Board RULES Notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo, and Records, 77586-77588 2015-30758 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 78108-78110 2015-30676 NOTICES Environmental Assessments; Availability, etc.: Pacific Gas and Electric Co.; Diablo Canyon Power Plant, Units 1 and 2, and Diablo Canyon Independent Spent Fuel Storage Installation, 77672-77673 2015-31529 Pension Benefit Pension Benefit Guaranty Corporation RULES Benefits Payable in Terminated Single-Employer Plans: Interest Assumptions for Paying Benefits, 77569-77570 2015-31568 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 77674 2015-31486 Postal Service Postal Service NOTICES Product Changes: Parcel Select Negotiated Service Agreement, 77674 2015-31448 Priority Mail Express and Priority Mail Negotiated Service Agreement, 77674-77675 2015-31451 Priority Mail Negotiated Service Agreement, 77674 2015-31454 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Jerusalem Embassy Act: Suspension of Limitations (Presidential Determination No. 2016-04 of December 2, 2015), 77567 2015-31626 Regulatory Regulatory Information Service Center PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda; Regulatory Plan, 77710-77914 2015-30690 Securities Securities and Exchange Commission PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 78112-78115 2015-30678 NOTICES Meetings; Sunshine Act, 77678 2015-31579 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 77678-77680 2015-31437 EDGA Exchange, Inc., 77675-77676 2015-31443 EDGX Exchange, Inc., 77683-77684, 77686-77688 2015-31438 2015-31444 New York Stock Exchange, LLC, 77676-77678, 77688-77691 2015-31439 2015-31440 NYSE MKT, LLC, 77680-77686 2015-31441 2015-31442 Trading Suspension Orders: Oxford City Football Club, Inc., 77688 2015-31597 Small Business Small Business Administration PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 78040-78046 2015-30665 State Department State Department NOTICES Designations as Global Terrorists: Emrah Erdogan aka Salahuddin al-Kurdi, 77691 2015-31557 Privacy Act; Systems of Records, 77691-77694 2015-31527 Surface Transportation Surface Transportation Board NOTICES Control Exemptions: Michael Williams; SDR Holding Co., 77697 2015-31511 Trade Representative Trade Representative, Office of United States NOTICES Procurement Thresholds; Determinations, 77694-77696 2015-31503 Transportation Department Transportation Department See

Federal Aviation Administration

See

Surface Transportation Board

PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 77998-78016 2015-31008 NOTICES Privacy Act; Systems of Records, 77697-77700 2015-31647
Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Air Cargo Security Requirements, 77650-77651 2015-31410 Treasury Treasury Department See

Internal Revenue Service

PROPOSED RULES Regulatory Agenda: Semiannual Regulatory Agenda, 78018 2015-31005
Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: The Veterans Metrics Initiative—Linking Program Components to Post-Military Well-Being, 77706-77707 2015-31515 Separate Parts In This Issue Part II Regulatory Information Service Center, 77710-77914 2015-30690 Part III Agriculture Department, 77916-77925 2015-31019 Part IV Commerce Department, 77928-77946 2015-30613 Part V Defense Department, 77948-77949 2015-30615 Part VI Education Department, 77952-77953 2015-30618 Part VII Energy Department, 77956-77958 2015-30619 Part VIII Health and Human Services Department, 77960-77970 2015-30620 Part IX Homeland Security Department, 77972-77978 2015-30621 Part X Housing and Urban Development Department, 77980-77981 2015-30681 Part XI Interior Department, 77984-77987 2015-30623 Part XII Justice Department, 77990 2015-30625 Part XIII Labor Department, 77992-77996 2015-30627 Part XIV Transportation Department, 77998-78016 2015-31008 Part XV Treasury Department, 78018 2015-31005 Part XVI Architectural and Transportation Barriers Compliance Board, 78020-78021 2015-30632 Part XVII Environmental Protection Agency, 78024-78030 2015-30656 Part XVIII General Services Administration, 78032-78033 2015-30661 Part XIX National Aeronautics and Space Administration, 78036-78037 2015-30662 Part XX Small Business Administration, 78040-78046 2015-30665 Reader Aids

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

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80 240 Tuesday, December 15, 2015 Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 922 [Docket No. 130405335-5999-03] RIN 0648-BD18 Notice of Delay of Discharge Requirements for U.S. Coast Guard Activities in Greater Farallones and Cordell Bank National Marine Sanctuaries; Correction AGENCY:

Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC).

ACTION:

Final rule; delay of effectiveness for discharge requirements with regard to Coast Guard activities; correction.

SUMMARY:

The National Oceanic and Atmospheric Administration (NOAA) published a document in the Federal Register of December 1, 2015 concerning the postponement of the discharge requirements for U.S. Coast Guard activities for another 6 months to provide adequate time for completion of an environmental assessment, and subsequent rulemaking, as appropriate. That document was missing the associated Rule Identification Number (RIN).

DATES:

Effective on December 15, 2015.

FOR FURTHER INFORMATION CONTACT:

Maria Brown, Greater Farallones National Marine Sanctuary Superintendent, at [email protected] or 415-561-6622; or Dan Howard, Cordell Bank National Marine Sanctuary Superintendent, at [email protected] or 415-464-5260.

SUPPLEMENTARY INFORMATION:

Correction

In the Federal Register of December 1, 2015 (80 FR 74985), on page 74985, in the second column, the agency title should have been followed by the RIN 0648-BD18.

Authority:

16 U.S.C. 1431 et seq.; 16 U.S.C. 470.

Dated: December 3, 2015. John Armor, Acting Director for the Office of National Marine Sanctuaries.
[FR Doc. 2015-31494 Filed 12-14-15; 8:45 am] BILLING CODE 3510-NK-P
PENSION BENEFIT GUARANTY CORPORATION 29 CFR Part 4022 Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits AGENCY:

Pension Benefit Guaranty Corporation.

ACTION:

Final rule.

SUMMARY:

This final rule amends the Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single-Employer Plans to prescribe interest assumptions under the regulation for valuation dates in January 2016. The interest assumptions are used for paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC. As discussed below, PBGC will publish a separate final rule document dealing with interest assumptions under its regulation on Allocation of Assets in Single-Employer Plans for the first quarter of 2016.

DATES:

Effective January 1, 2016.

FOR FURTHER INFORMATION CONTACT:

Catherine B. Klion ([email protected]), Assistant General Counsel for Regulatory Affairs, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005, 202-326-4024. (TTY/TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4024.)

SUPPLEMENTARY INFORMATION:

PBGC's regulation on Benefits Payable in Terminated Single-Employer Plans (29 CFR part 4022) prescribes actuarial assumptions—including interest assumptions—for paying plan benefits under terminating single-employer plans covered by title IV of the Employee Retirement Income Security Act of 1974. The interest assumptions in the regulation are also published on PBGC's Web site (http://www.pbgc.gov).

PBGC uses the interest assumptions in Appendix B to Part 4022 to determine whether a benefit is payable as a lump sum and to determine the amount to pay. Appendix C to Part 4022 contains interest assumptions for private-sector pension practitioners to refer to if they wish to use lump-sum interest rates determined using PBGC's historical methodology. Currently, the rates in Appendices B and C of the benefit payment regulation are the same.

The interest assumptions are intended to reflect current conditions in the financial and annuity markets. Assumptions under the benefit payments regulation are updated monthly. This final rule updates the benefit payments interest assumptions for January 2016.1

1 Appendix B to PBGC's regulation on Allocation of Assets in Single-Employer Plans (29 CFR part 4044) prescribes interest assumptions for valuing benefits under terminating covered single-employer plans for purposes of allocation of assets under ERISA section 4044. Those assumptions are updated quarterly.

PBGC normally updates the assumptions under the benefit payments regulation for January at the same time as PBGC updates assumptions for the first quarter of the year under its regulation on Allocation of Assets in Single-Employer Plans (29 CFR part 4044) in a single rulemaking document. Because of delays in obtaining data used in setting assumptions under Part 4044 for the first quarter of 2016, PBGC is publishing two separate rulemaking documents to update the benefit payments regulation for January 2016 and the allocation regulation for the first quarter of 2016.

The January 2016 interest assumptions under the benefit payments regulation will be 1.25 percent for the period during which a benefit is in pay status and 4.00 percent during any years preceding the benefit's placement in pay status. In comparison with the interest assumptions in effect for December 2015, these interest assumptions are unchanged.

PBGC has determined that notice and public comment on this amendment are impracticable and contrary to the public interest. This finding is based on the need to determine and issue new interest assumptions promptly so that the assumptions can reflect current market conditions as accurately as possible.

Because of the need to provide immediate guidance for the payment of benefits under plans with valuation dates during January 2016, PBGC finds that good cause exists for making the assumptions set forth in this amendment effective less than 30 days after publication.

PBGC has determined that this action is not a “significant regulatory action” under the criteria set forth in Executive Order 12866.

Because no general notice of proposed rulemaking is required for this amendment, the Regulatory Flexibility Act of 1980 does not apply. See 5 U.S.C. 601(2).

List of Subjects in 29 CFR Part 4022

Employee benefit plans, Pension insurance, Pensions, Reporting and recordkeeping requirements.

In consideration of the foregoing, 29 CFR part 4022 is amended as follows:

PART 4022—BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS 1. The authority citation for part 4022 continues to read as follows: Authority:

29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344.

2. In appendix B to part 4022, Rate Set 267, as set forth below, is added to the table. Appendix B to Part 4022—Lump Sum Interest Rates For PBGC Payments Rate set For plans with a valuation date On or after Before Immediate annuity rate
  • (percent)
  • Deferred annuities
  • (percent)
  • i 1 i 2 i 3 n 1 n 2
    *         *         *         *         *         *         * 267 1-1-16 2-1-16 1.25 4.00 4.00 4.00 7 8
    3. In appendix C to part 4022, Rate Set 267, as set forth below, is added to the table. Appendix C to Part 4022—Lump Sum Interest Rates for Private-Sector Payments Rate set For plans with a valuation date On or after Before Immediate annuity rate
  • (percent)
  • Deferred annuities
  • (percent)
  • i 1 i 2 i 3 n 1 n 2
    *         *         *         *         *         *         * 267 1-1-16 2-1-16 1.25 4.00 4.00 4.00 7 8
    Issued in Washington, DC, on this 9th day of December, 2015. Judith Starr, General Counsel, Pension Benefit Guaranty Corporation.
    [FR Doc. 2015-31568 Filed 12-14-15; 8:45 am] BILLING CODE 7709-02-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-1031] RIN 1625-AA00 Safety Zone, Great Egg Harbor Bay; Somers Point, NJ AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is extending the dates for a temporary safety zone on the waters of Great Egg Harbor Bay in the vicinity of the Garden State Parkway Bridge in Somers Point, NJ. Due to the severe weather felt in the Mid-Atlantic region in the past month the project has been delayed by a number of weeks and more time is needed to complete the critical repairs for the Garden State Parkway Bridge. The safety zone will continue to restrict vessel traffic on a portion of the Great Egg Harbor Bay while critical girder erection work is being conducted as part of the rehabilitation project of the main navigational channel section of the bridge. This extension of the temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the bridge construction operations.

    DATES:

    This rule is effective without actual notice from December 15, 2015 through December 31, 2015. For purposes of enforcement, actual notice will be used from October 5, 2015 through December 15, 2015.

    ADDRESSES:

    To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2015-1031 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware Bay, Chief Waterways Management Division, Coast Guard; telephone (215) 271-4851, email [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security E.O. Executive order FR Federal Register Pub. L. Public Law § Section U.S.C. United States Code COTP Captain of the Port II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because this critical phase of the rehabilitation work to the Garden State Parkway Bridge, main channel section, poses a safety threat to maritime traffic and a safety zone is needed. Furthermore, the request for work to continue until December 31, 2015 was not received until November 12, 2015. Due to the need for an immediate response and the late notification of the work, providing a notice and comment period would be impractical.

    We are issuing this rule, and, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register because allowing this construction to go forward without a safety zone in place would expose mariners and the public to unnecessary dangers associated with bridge construction operations and navigation channel closure.

    III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231; 33 CFR 1.05-1 and 160.5; and Department of Homeland Security Delegation No. 0170.1. The Captain of the Port, Delaware Bay, has determined that potential hazards associated with bridge construction operations starting October 5, 2015, will be a safety concern for anyone within a 200-yard radius of bridge work, vessels, and machinery. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the bridge work is being conducted.

    IV. Discussion of the Rule

    This rule establishes the continuation of a safety zone from October 5, 2015, through December 31, 2015, and the zone will be enforced from 7 a.m. to 6 p.m. daily, excluding Sundays. The safety zone will cover all navigable waters within 200 yards of vessels and machinery, at approximate position, 39°17′32″ N., 074°37′32″ W., being used by personnel for construction and repair of the Garden State Parkway Bridge over the Great Egg Harbor Bay in Somers Point, NJ. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters while bridge construction operations are being conducted. Entry into, transiting, or anchoring within the safety zone is prohibited unless vessels obtain permission from the Captain of the Port (COTP) or make satisfactory passing arrangements with the construction vessel per this rule and the Rules of the Road (33 CFR Subchapter E). During portions of this project the main navigation channel will be closed each day for vessel traffic from 7 a.m. to 6 p.m., excluding Sundays. These closures are necessary for safety due to hazards associated with bridge maintenance. Bridge work will stop and the channel will be clear for vessels to pass under the bridge between 6 p.m. to 7 a.m. Monday through Saturday; during these hours when bridge work is stopped, mariners may transit the main channel without restrictions. In addition, the channel will be fully available on Sundays and vessels may transit freely. At all times, secondary bridge spans will be clear to pass; vessels able to pass under secondary channel spans may do so at any time. There will be number of working days that the navigation channel will not be obstructed; however, mariners wishing to transit Monday through Saturday between 7 a.m. and 6 p.m. must make passing arrangements with the on scene construction vessel or obtain permission from the COTP or his representative.

    V. Regulatory Analyses

    We developed this rule after considering numerous statutes and executive orders (E.O.s) related to rulemaking. Below we summarize our analyses based on a number of these statutes and E.O.s, and we discuss First Amendment rights of protestors.

    A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a “significant regulatory action,” under E.O. 12866. Accordingly, it has not been reviewed by the Office of Management and Budget.

    This regulatory action determination is based on the size, location, and duration of the safety zone. Vessel traffic will be able to safely transit from the hours of 6 p.m. to 7 a.m., daily, excluding Sundays. At other times, vessel master may request permission to transit the safety zone. There will be number of working days that the navigation channel will not be obstructed. At all times, secondary bridge spans will be clear to pass; vessels able to pass under secondary channel spans may do so at any time without requesting permission. This safety zone will impact a small designated area of the Great Egg Harbor Bay, in Somers Point, NJ for no more than an 11 hour period each day.

    B. Impact on Small Entities

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

    While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator.

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

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

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in E.O. 13132.

    Also, this rule does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above.

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone in force for no more than 11 hours each day, from October 1, 2015, to December 31, 2015, that prohibits entry within 200 yards of vessels and machinery being used by personnel conducting bridge work on the Garden State Parkway Bridge over the Great Egg Harbor Bay, in Somers Point, NJ. It is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.

    G. Protest Activities

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

    List of Subjects in 33 CFR Part 165

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

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

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

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

    2. Add temporary § 165.T05-1031 to read as follows:
    § 165.T05-1031 Safety Zone, Great Egg Harbor Bay; Somers Point, NJ

    (a) Location. The following area is a safety zone: all the waters of Great Egg Harbor Bay, 200 yards around the main channel portion of the bridge, in approximate position 39°17′32″ N., 074°37′32″ W. These coordinates are based upon North American Datum 83 (NAD 83).

    (b) Definitions. (1) The Captain of the Port means the Commander of Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port to act on his behalf.

    (2) Designated representative means any Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port, Delaware Bay, to assist in enforcing the safety zone described in paragraph (a) of this section.

    (c) Regulations. The general safety zone regulations found in 33 CFR part 165 subpart C apply to the safety zone created by this section.

    (1) During periods of full channel closures, the main navigational channel will be obstructed and vessels will be unable to pass. Secondary bridge spans will be clear to pass; vessels able to pass under secondary channel spans may do so.

    (2) Vessels wishing to transit the safety zone in the main navigational channel may do so if they can make satisfactory passing arrangements with the on-scene construction vessel in accordance with the Navigational Rules in 33 CFR Subchapter E. If vessels are unable to make satisfactory passing arrangements with the on-scene construction vessel, they may request permission from the COTP or his designated representative on VHF channel 16.

    (3) There will be number of working days that the navigation channel will not be obstructed; however, mariners wishing to transit during the enforcement period must still comply with the procedures in paragraph (c)(2) of this section.

    (4) The main channel will be clear from the hours of 6 p.m. to 7 a.m. daily, and every Sunday throughout the course of the project. Vessels may transit through the safety zone at these times without restriction.

    (5) This section applies to all vessels wishing to transit through the safety zone except vessels that are engaged in the following operations: enforcing laws; servicing aids to navigation, and emergency response vessels.

    (d) Enforcement officials. The U.S. Coast Guard may be assisted by Federal, State, and local agencies in the patrol and enforcement of the zone.

    (e) Enforcement period. This rule will continue to be enforced from 7 a.m. to 6 p.m. each day except Sundays, from October 5, 2015, to December 31, 2015, unless cancelled earlier by the Captain of the Port.

    Dated: December 9, 2015. Benjamin A. Cooper, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
    [FR Doc. 2015-31489 Filed 12-14-15; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0998] RIN1625-AA00 Safety Zone, Delaware River; Marcus Hook, PA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is establishing a temporary safety zone on the waters of the Delaware River in the vicinity of Marcus Hook, Pennsylvania. The safety zone will temporarily restrict vessel traffic from transiting or anchoring in a portion of the Delaware River while rock blasting, dredging, and rock removal operations are being conducted to facilitate the Delaware River Main Channel Deepening project for the main navigational channel of the Delaware River. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by rock blasting, dredging, and rock removal operations. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Delaware Bay, or his designated representatives.

    DATES:

    This rule is effective without actual notice from December 15, 2015 through March 15, 2016. For the purposes of enforcement, actual notice will be used from December 4, 2015 through December 15, 2015.

    ADDRESSES:

    To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2015-0998 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email Lieutenant Brennan Dougherty, Sector Delaware Bay, Chief Waterways Management Division, U.S. Coast Guard; telephone (215) 271-4850, email [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security E.O. Executive order FR Federal Register NPRM Notice of proposed rulemaking Pub. L. Public Law § Section U.S.C. United States Code II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency, for good cause, finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impractical due to environmental restrictions which require all blasting operations to be conducted between December 15, 2015 to March 15, 2016. Furthermore, the final details of the rock blasting, dredging, and rock removal operation were not received until October 28, 2015. Due to the criticality of this phase of the Delaware River Main Channel Deepening project, immediate action is needed to accommodate operations while also ensuring vessels can safely transit through Marcus Hook Range in Delaware River during this time. Going forward without establishing a safety zone would expose mariners and the public to unnecessary dangers associated with rock blasting, dredging, and rock removal operations.

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

    III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231; 33 CFR 1.05-1 and 160.5; and Department of Homeland Security Delegation No. 0170.1. The Captain of the Port, Delaware Bay, has determined that potential hazards associated with rock blasting, dredging, and rock removal operations starting December 04, 2015 will be a safety concern for anyone within 500 yards of rock blasting, dredging, and rock removal operations. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the operational area.

    IV. Discussion of the Rule

    This rule establishes a safety zone from December 15, 2004 until March 15, 2016. The safety zone will cover all navigable waters in the Delaware River within 500 yards of vessels and machinery being used by personnel to conduct rock blasting, dredging, and rock removal. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters while operations are being conducted. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port, Delaware Bay, or his designated representative. For the duration of the project, in the vicinity of the rock blasting, rock removal, and dredging operation, one side of the main navigational channel will be closed. Vessels wishing to transit the safety zone in the main navigational channel may do so if they can make satisfactory passing arrangements with drill boat APACHE or the dredge TEXAS in accordance with the Navigational Rules in 33 CFR Subchapter E via VHF-FM Channel 13 at least 30 minutes prior to arrival. If vessels are unable to make satisfactory passing arrangements with the drill boat APACHE or the dredge TEXAS, they may request permission from the Captain of the Port, or his designated representative, on VHF-FM channel 16. All vessels must operate at the minimum safe speed necessary to maintain steerage and reduce wake.

    No vessels may transit through the safety zone during times of explosives detonation. During rock blasting detonation vessels will be required to maintain a 500 yard distance from the drill boat APACHE. The drill boat APACHE will make broadcasts, via VHF-FM Channel 13 and 16, at 15 minutes, 5 minutes, and 1 minute prior to detonation, as well as a countdown to detonation on VHF-FM Channel 16. Sector Delaware Bay will ensure significant notice will be given to the maritime community of dates and times of blasting via broadcast notice to mariners on VHF-FM Channel 16. After every explosive detonation a survey will be conducted to ensure the navigational channel is clear for vessels to transit. The drill boat APACHE will broadcast, via VHF-FM channel 13 and 16, when the survey has been completed and the channel is clear to transit. Vessels requesting to transit through the safety zone shall proceed as directed by the designated representative of the Captain of the Port, and shall contact the drill boat APACHE and the dredge TEXAS on VHF-FM channel 13 for safe passing information.

    V. Regulatory Analyses

    We developed this rule after considering numerous statutes and executive orders (E.O.s) related to rulemaking. Below we summarize our analyses based on a number of these statutes and E.O.s, and we discuss First Amendment rights of protestors.

    A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a “significant regulatory action,” under E.O. 12866. Accordingly, it has not been reviewed by the Office of Management and Budget.

    This regulatory action determination is based on the size, location, duration, and traffic management of the safety zone. The Coast Guard does not anticipate any significant economic impact because the safety zone will be enforced in an area and in a manner that does not conflict with transiting commercial and recreational traffic, except for the short periods of time when explosive detonation evolutions are being conducted. The blasting detonations will not occur more than three times a day. At all other times, at least one side of the main navigational channel will be open for vessels to transit. Moreover, the Coast Guard will work in coordination with the pilots to ensure vessel traffic is limited during the times of detonation and Broadcast Notice to Mariners are made via VHF-FM marine channel 13 and 16 when blasting operations will occur.

    B. Impact on Small Entities

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

    While some owners or operators of vessels intending to anchor in or transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator.

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

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

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in E.O. 13132.

    Also, this rule does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above.

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone in force from December 04, 2015, to March 15, 2016 that prohibits entry within 500 yards of vessels and machinery being used by personnel conducting rock blasting, dredging, and rock removal operations in the Delaware River near Marcus Hook, PA between the southern end of Marcus Hook Anchorage to the western end of Little Tinicum Island, at the entrance to Darby Creek. It is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.

    G. Protest Activities

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

    List of Subjects 33 CFR Part 165

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

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

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

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

    2. Add temporary § 165.T05-0998, to read as follows:
    § 165.T05-0998 Safety Zone, Delaware River; Marcus Hook, PA.

    (a) Location. The following area is a safety zone: all the waters of the Delaware River within 500 yards of the dredge performing rock blasting, rock removal, and dredging operations, in the vicinity of Marcus Hook, PA between the southern end of Marcus Hook Anchorage to the western end of Little Tinicum Island, at the entrance to Darby Creek.

    (b) Definitions. (1) The Captain of the Port means the Commander of Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port to act on his behalf.

    (2) Designated representative means any Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port, Delaware Bay, to assist in enforcing the safety zone described in paragraph (a) of this section.

    (c) Regulations. The general safety zone regulations found in 33 CFR part 165 subpart C apply to the safety zone created by this section.

    (1) All persons and vessels are prohibited from entering this zone, except as authorized by the Captain of the Port, or his designated representative.

    (2) Vessels wishing to transit the safety zone in the main navigational channel may do so if they can make satisfactory passing arrangements with the drill boat APACHE or the dredge TEXAS in accordance with the Navigational Rules in 33 CFR Subchapter E via VHF-FM Channel 13 at least 30 minutes prior to arrival. If vessels are unable to make satisfactory passing arrangements with the drill boat APACHE or the dredge TEXAS, they may request permission from the Captain of the Port, or his designated representative, on VHF-FM channel 16.

    (3) The operator of any vessel requesting to transit through the safety zone shall proceed as directed by the designated representative of the Captain of the Port and must operate at the minimum safe speed necessary to maintain steerage and reduce wake.

    (4) No vessels may transit through the safety zone during times of explosives detonation. During rock blasting detonation vessels will be required to maintain a 500 yard distance from the drill boat APACHE. The drill boat APACHE will make broadcasts, via VHF-FM Channel 13 and 16, at 15 minutes, 5 minutes, and 1 minute prior to detonation, as well as a countdown to detonation on VHF-FM Channel 16.

    (5) After every explosive detonation a survey will be conducted to ensure the navigational channel is clear for vessels to transit. The drill boat APACHE will broadcast, via VHF-FM channel 13 and 16, when the survey has been completed and the channel is clear to transit. Vessels requesting to transit through the safety zone shall proceed as directed by the designated representative of the Captain of the Port and contact the drill boat APACHE on VHF-FM channel 13 to make safe passing arrangements.

    (6) This section applies to all vessels wishing to transit through the safety zone except vessels that are engaged in the following operations:

    (i) Enforcing laws;

    (ii) Servicing aids to navigation; and

    (iii) Emergency response vessels.

    (7) No person or vessel may enter or remain in a safety zone without the permission of the Captain of the Port;

    (8) Each person and vessel in a safety zone shall obey any direction or order of the Captain of the Port;

    (9) No person may board, or take or place any article or thing on board, any vessel in a safety zone without the permission of the Captain of the Port; and

    (10) No person may take or place any article or thing upon any waterfront facility in a safety zone without the permission of the Captain of the Port.

    (d) Enforcement officials. The U.S. Coast Guard may be assisted by Federal, State, and local agencies in the patrol and enforcement of the zone.

    (e) Enforcement period. This rule will be enforced from December 04, 2015, to March 15, 2016, unless cancelled earlier by the Captain of the Port.

    Dated: December 9, 2015. Benjamin A. Cooper Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
    [FR Doc. 2015-31488 Filed 12-14-15; 8:45 am] BILLING CODE 9110-04-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 1, 7, 24, 45, 241, 310, and 761 [FRL 9936-38-OSWER] Name Change From the Office of Solid Waste and Emergency Response (OSWER) to the Office of Land and Emergency Management (OLEM) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA or the Agency) is issuing this final rule to change the name of the Office of Solid Waste and Emergency Response (OSWER) to the Office of Land and Emergency Management (OLEM). This action is being taken to more accurately reflect the nature of the work that this office does to protect human health and the environment. In addition, technical corrections are made to more accurately state the laws implemented previously by OSWER (now OLEM), and to reflect prior organizational changes.

    DATES:

    This rule is effective on December 15, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Patricia Derkasch, EPA, Office of Land and Emergency Management (OLEM), Office of Program Management (OPM), Mail Code: 5103T; telephone 202.566.2949; email address [email protected]; or Gerain Cogliano, EPA, Office of Land and Emergency Management (OLEM), Office of Program Management (OPM), Mail Code: 5103T; telephone 202.566.1929; email address [email protected]

    SUPPLEMENTARY INFORMATION:

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

    This action provides notice directed to the public in general and has particular applicability to anyone who wants to communicate with the new Office of Land and Emergency Management, or to submit information to the Office. Since this action predominantly affects the internal organization of the EPA, the Agency has not attempted to describe all the specific entities that may be interested in this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

    B. How can I get additional information, including copies of this document or other related information?

    To obtain electronic copies of this document and other related information that are available electronically, please visit www.epa.gov/olem/, which should redirect to the new OLEM homepage.

    II. Background A. What action is the agency taking?

    This action changes the organizational name of an EPA office as it appears in various parts of the Code of Federal Regulations to more accurately reflect the current functions of that office. The notice changes the name of the Office of Solid Waste and Emergency Response (OSWER) to the Office of Land and Emergency Management (OLEM).

    In addition, this action amends 40 CFR 1.47 to provide a more complete list of the various land protection and pollution emergency laws that fall under the Office's authority, including the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA); the Emergency Planning & Community Right-to-Know Act of 1986 (EPCRA); the Oil Pollution Act (OPA); the Resource Conservation and Recovery Act (RCRA); section 311 of the Clean Water Act; and the Mercury-Containing and Rechargeable Battery Management Act. This listing merely restates the existing responsibilities of the Office, and does not add to or subtract from those responsibilities.

    Two sentences are appended to 40 CFR 1.47 to clarify that for the purposes of 42 U.S.C. 6911(a) and 6911a, the functions of the Office of Solid Waste are carried out by OLEM, and the functions and duties of the Assistant Administrator of the Office of Solid Waste are carried out by the Assistant Administrator for the Office of Land and Emergency Management.

    Finally, this action deletes the descriptions of sub-offices within the Office found at 40 CFR 1.47(a) through (d). The text in the opening paragraph of 40 CFR 1.47 provides a full explanation of the role played by the Office and the additional language in the subsections is unnecessary. In addition, some of the descriptions in the subsections are out of date. None of the changes described above affect the rights or obligations of third parties.

    B. What is the agency's authority for taking this action?

    The EPA is issuing this document under its general rulemaking authority, Reorganization Plan No. 3 of 1970 (5 U.S.C. app.). Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(A), provides that “rules of agency organization, procedure, or practice” are exempt from notice and comment requirements, and the 30-day delay in effectiveness.

    Because the exemption in 5 U.S.C. 553(a)(2) applies to this action, the EPA is making this rule immediately effective. Delaying its effectiveness by 30 days would serve no purpose and could, in fact, create a short period of public confusion. Because the rule is effective immediately, this action also is final for the purposes of judicial review under RCRA section 7006(a), 42 U.S.C. 6976(a).

    III. Do any of the statutory and executive order reviews apply to this action?

    This final rule implements a name change to one of the EPA's offices and does not otherwise impose or change any requirements. This action is not a “significant regulatory action” and is therefore not subject to OMB review under Executive Order 12866, entitled “Regulatory Planning and Review” (58 FR 51735, October 4, 1993). Because this action is not subject to notice and comment requirements under the Administrative Procedure Act or any other statute, it is not subject to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) or Sections 202 and 205 of the Unfunded Mandates Reform Act of 1999 (UMRA) (Pub. L. 104-4). In addition, this action does not significantly or uniquely affect small governments. This action does not create new binding legal requirements that substantially and directly affect Tribes under Executive Order 13175 (65 FR 67249, November 9, 2000). This action does not have significant Federalism implications under Executive Order 13132 (64 FR 43255, August 10, 1999). Because this final rule has been exempted from review under Executive Order 12866, this final rule is not subject to Executive Order 13211, entitled “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled “Protection of Children from Environmental Health Risks and Safety Risks” (62 FR 19885, April 23, 1997). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any special considerations under Executive Order 12898, entitled “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations” (59 FR 7629, February 16, 1994). This action does not involve technical standards; thus, the requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.

    The Congressional Review Act (CRA), 5 U.S.C. 801 et seq., generally provides that before certain actions may take effect, the agency promulgating the action must submit a report, which includes a copy of the action, to each House of the Congress and to the Comptroller General of the United States. This final action is exempt from the CRA because it is a rule relating to agency management or personnel and a rule of agency organization, procedure or practice that does not substantially affect the rights or obligations of non-agency parties.

    List of Subjects 40 CFR Part 1

    Environmental protection, Administrative practice and procedure, Intergovernmental relations, Organization and functions.

    40 CFR Part 7

    Environmental protection, Administrative practice and procedure, Organization and functions, Waste treatment and disposal.

    40 CFR Part 24

    Environmental protection, Administrative practice and procedure, Organization and functions.

    40 CFR Part 45

    Environmental protection, Education, Waste treatment and disposal.

    40 CFR Part 241

    Environmental protection, Air pollution control, Reporting and recordkeeping requirements, Waste treatment and disposal.

    40 CFR Part 310

    Environmental protection, Administrative practice and procedure, Intergovernmental relations, Waste treatment and disposal.

    40 CFR Part 761

    Environmental protection, Polychlorinated biphenyls (PCBs), Reporting and recordkeeping requirements, Waste treatment and disposal.

    Dated: November 25, 2015. Gina McCarthy, Administrator.

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

    PART 1—STATEMENT OF ORGANIZATION AND GENERAL INFORMATION 1. The authority citation for part 1 continues to read as follows: Authority:

    5 U.S.C. 552.

    2. Revise § 1.47 to read as follows:
    § 1.47 Office of Land and Emergency Management.

    The Office of Land and Emergency Management (OLEM), also referred to as the Office of Solid Waste, or the Office of Solid Waste and Emergency Response, under the supervision of the Assistant Administrator for Land and Emergency Management, also referred to as the Assistant Administrator of the Office of Solid Waste, provides Agencywide policy, guidance, and direction for the Agency's solid and hazardous wastes and emergency response programs. This Office has primary responsibility for implementing the Resource Conservation and Recovery Act (RCRA); the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA—“Superfund”), as amended by the Superfund Amendments and Reauthorization Act (SARA); the Emergency Planning and Community Right-to-Know Act; the Oil Pollution Act; Clean Water Act section 311; and the Mercury-Containing and Rechargeable Battery Management Act; among other laws. In addition to managing those programs, the Assistant Administrator serves as principal adviser to the Administrator in matters pertaining to them. The Assistant Administrator's responsibilities include: Program policy development and evaluation; development of appropriate hazardous waste standards and regulations; ensuring compliance with applicable laws and regulations; program policy guidance and overview, technical support, and evaluation of Regional solid and hazardous wastes and emergency response activities; development of programs for technical, programmatic, and compliance assistance to States and local governments; development of guidelines and standards for the land disposal of hazardous wastes; analyses of the recovery of useful energy from solid waste; development and implementation of a program to respond to uncontrolled hazardous waste sites and spills (including oil spills); long-term strategic planning and special studies; economic and long-term environmental analyses; economic impact assessment of regulations under RCRA, CERCLA, and other relevant statutes; analyses of alternative technologies and trends; and cost-benefit analyses and development of OLEM environmental criteria. For purposes of 42 U.S.C. 6911(a), OLEM carries out the functions of the Office of Solid Waste. For purposes of 42 U.S.C. 6911a, the functions and duties of the Assistant Administrator of the Office of Solid Waste are carried out by the Assistant Administrator for the Office of Land and Emergency Management.

    PART 7—NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY 3. The authority citation for part 7 continues to read as follows: Authority:

    42 U.S.C. 2000d to 2000d-7 and 6101 et seq.; 29 U.S.C. 794; 33 U.S.C. 1251nt.

    4. Amend Appendix A to Part 7—Types of EPA Assistance as Listed in the “Catalog of Federal Domestic Assistance” by revising entry “20” to read as follows: Appendix A to Part 7—Types of EPA Assistance as Listed in the “Catalog of Federal Domestic Assistance”

    20. Assistance provided by the Office of Land and Emergency Management under the Comprehensive Environmental Responses, Compensation and Liability Act of 1980; Pub. L. 96-510, section 3012, 42 U.S.C. 9601, et seq. (OLEM—number not to be assigned since Office of Management and Budget does not catalog one-year programs.)

    PART 24—RULES GOVERNING ISSUANCE OF AND ADMINISTRATIVE HEARINGS ON INTERIM STATUS CORRECTIVE ACTION ORDERS 5. The authority citation for part 24 continues to read as follows: Authority:

    42 U.S.C.s 6912, 6928, and 6991b.

    6. Amend § 24.02 by revising paragraph (b) to read as follows:
    § 24.02 Issuance of initial orders; definition of final orders and orders on consent.

    (b) The initial administrative order shall be executed by an authorized official of EPA (petitioner), other than the Regional Administrator or the Assistant Administrator for the Office of Land and Emergency Management. For orders issued by EPA Headquarters, rather than by a Regional office, all references in these procedures to the Regional Administrator shall be understood to be to the Assistant Administrator for Land and Emergency Management or his delegatee.

    PART 45—TRAINING ASSISTANCE 7. The authority citation for part 45 continues to read as follows: Authority:

    Sec. 103 of the Clean Air Act, as amended (42 U.S.C. 7403), secs. 104(g), 109, and 111 of the Clean Water Act, as amended (33 U.S.C. 1254(g), 1259, and 1261), secs. 7007 and 8001 of the Solid Waste Disposal Act, as amended (42 U.S.C. 6977 and 6981); sec. 1442 of the Safe Drinking Water Act, as amended (42 U.S.C. 300j-1). 2 CFR 200.

    8. Amend the table in appendix A to part 45 by revising the last entry to read as follows: Appendix A to Part 45—Environmental Protection Agency Training Programs Administering office Headquarters Regional *         *         *         *         *         *         * Office of Land and Emergency Management: Hazardous Waste Training X PART 241—SOLID WASTES USED AS FUELS OR INGREDIENTS IN COMBUSTION UNITS 9. The authority citation for part 241 continues to read as follows: Authority:

    42 U.S.C. 6903, 6912, 7429.

    10. Amend § 241.3 by revising paragraphs (c) introductory text, (c)(1) introductory text, (c)(2) introductory text, (c)(2)(ii), (c)(2)(iii), and (c)(2)(iv) to read as follows:
    § 241.3 Standards and procedures for identification of non-hazardous secondary materials that are solid wastes when used as fuels or ingredients in combustion units.

    (c) The Regional Administrator may grant a non-waste determination that a non-hazardous secondary material that is used as a fuel, which is not managed within the control of the generator, is not discarded and is not a solid waste when combusted. This responsibility may be retained by the Assistant Administrator for the Office of Land and Emergency Management if combustors are located in multiple EPA Regions and the petitioner requests that the Assistant Administrator process the non-waste determination petition. If multiple combustion units are located in one EPA Region, the application must be submitted to the Regional Administrator for that Region. The criteria and process for making such non-waste determinations includes the following:

    (1) Submittal of an application to the Regional Administrator for the EPA Region where the facility or facilities are located or the Assistant Administrator for the Office of Land and Emergency Management for a determination that the non-hazardous secondary material, even though it has been transferred to a third party, has not been discarded and is indistinguishable in all relevant aspects from a fuel product. The determination will be based on whether the non-hazardous secondary material that has been discarded is a legitimate fuel as specified in paragraph (d)(1) of this section and on the following criteria:

    (2) The Regional Administrator or Assistant Administrator for the Office of Land and Emergency Management will evaluate the application pursuant to the following procedures:

    (ii) The Regional Administrator or Assistant Administrator for the Office of Land and Emergency Management will evaluate the application and issue a draft notice tentatively granting or denying the application. Notification of this tentative decision will be published in a newspaper advertisement or radio broadcast in the locality where the facility combusting the non-hazardous secondary material is located, and be made available on the EPA's Web site.

    (iii) The Regional Administrator or the Assistant Administrator for the Office of Land and Emergency Management will accept public comments on the tentative decision for 30 days, and may also hold a public hearing upon request or at his/her discretion. The Regional Administrator or the Assistant Administrator for the Office of Land and Emergency Management will issue a final decision after receipt of comments and after a hearing (if any). If a determination is made that the non-hazardous secondary material is a non-waste fuel, it will be retroactive and apply on the date the petition was submitted.

    (iv) If a change occurs that affects how a non-hazardous secondary material meets the relevant criteria contained in this paragraph (c) after a formal non-waste determination has been granted, the applicant must re-apply to the Regional Administrator or the Assistant Administrator for the Office of Land and Emergency Management for a formal determination that the non-hazardous secondary material continues to meet the relevant criteria and, thus, is not a solid waste.

    PART 310—REIMBURSEMENT TO LOCAL GOVERNMENTS FOR EMERGENCY RESPONSE TO HAZARDOUS SUBSTANCE RELEASES 11. The authority citation for part 310 continues to read as follows: Authority:

    42 U.S.C. 9611(c)(11), 9623.

    12. Amend § 310.15 by revising paragraph (d) to read as follows:
    § 310.15 How do I apply for reimbursement?

    (d) Mail your completed application and supporting data to the LGR Project Officer, (5401A), Office of Emergency Management, Office of Land and Emergency Management, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460.

    PART 761—POLYCHLORINATED BIPHENYLS (PCBs) MANUFACTURING, PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS 13. The authority citation for part 761 continues to read as follows: Authority:

    15 U.S.C. 2605, 2607, 2611, 2614, and 2616.

    14. Amend § 761.60 by revising paragraph (i)(1) to read as follows:
    § 761.60 Disposal requirements.

    (i) * * * (1) The officials designated in paragraph (e) of this section and § 761.70(a) and (b) to receive requests for approval of PCB disposal activities are the primary approval authorities for these activities. Notwithstanding, EPA may, at its discretion, assign the authority to review and approve any aspect of a disposal system to the Office of Land and Emergency Management or to a Regional Administrator.

    [FR Doc. 2015-31061 Filed 12-14-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R10-OAR-2015-0334; FRL-9940-05-Region 10] Approval and Promulgation of Implementation Plans; Washington: Interstate Transport of Ozone AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Clean Air Act (CAA) requires each State Implementation Plan (SIP) to contain adequate provisions prohibiting emissions that will have certain adverse air quality effects in other states. On May 11, 2015, the State of Washington made a submittal to the Environmental Protection Agency (EPA) to address these requirements. The EPA is approving the submittal as meeting the requirement that each SIP contain adequate provisions to prohibit emissions that will contribute significantly to nonattainment or interfere with maintenance of the 2008 ozone National Ambient Air Quality Standard (NAAQS) in any other state.

    DATES:

    This final rule is effective January 14, 2016.

    ADDRESSES:

    The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2015-0334. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the Air Programs Unit, Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101. The EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    For information please contact Jeff Hunt at (206) 553-0256, [email protected], or by using the above EPA, Region 10 address.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Background Information II. Final Action III. Statutory and Executive Orders Review I. Background Information

    On October 27, 2015, the EPA proposed to find that Washington adequately addressed the interstate transport requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS (80 FR 65672). An explanation of the CAA requirements, a detailed analysis of the submittal, and the EPA's reasons for approval were provided in the notice of proposed rulemaking, and will not be restated here. The public comment period for this proposed rule ended on November 27, 2015. The EPA received no comments on the proposal.

    II. Final Action

    The EPA approves the Washington SIP as meeting the CAA section 110(a)(2)(D)(i)(I) interstate transport requirements for the 2008 ozone NAAQS.

    III. Statutory and Executive Orders Review

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

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

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

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

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

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

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

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

    • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because this action does not involve technical standards; and

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

    The SIP is not approved to apply on any Indian reservation land in Washington except as specifically noted below and is also not approved to apply in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). Washington's SIP is approved to apply on non-trust land within the exterior boundaries of the Puyallup Indian Reservation, also known as the 1873 Survey Area. Under the Puyallup Tribe of Indians Settlement Act of 1989, 25 U.S.C. 1773, Congress explicitly provided state and local agencies in Washington authority over activities on non-trust lands within the 1873 Survey Area.

    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. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 16, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2).

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: December 1, 2015. Dennis J. McLerran, Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 40 CFR part 52 is amended as follows:

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

    42 U.S.C. 7401 et seq.

    Subpart WW—Washington 2. In § 52.2470, paragraph (e) is amended by adding an entry to the end of “Table 2 -Attainment, Maintenance, and Other Plans” to reads as follows:
    § 52.2470 Identification of plan.

    (e) * * *

    Table 2—Attainment, Maintenance, and Other Plans Name of SIP provision Applicable geographic or nonattainment area State submittal date EPA Approval date Comments *         *         *         *         *         *         * Interstate Transport for the 2008 Ozone NAAQS Statewide 5/11/15 12/15/15 [Insert Federal Register citation] This action addresses CAA 110(a)(2)(D)(i)(I).
    [FR Doc. 2015-31460 Filed 12-14-15; 8:45 am] BILLING CODE 6560-50-P
    GULF COAST ECOSYSTEM RESTORATION COUNCIL 40 CFR Part 1800 [Docket Number: 112152015-1111-10] RESTORE Act Spill Impact Component Allocation AGENCY:

    Gulf Coast Ecosystem Restoration Council.

    ACTION:

    Final rule.

    SUMMARY:

    This rule sets forth the Gulf Coast Ecosystem Restoration Council's (Council) regulation to implement the Spill Impact Component of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act). This rule establishes the formula allocating funds made available from the Gulf Coast Restoration Trust Fund among the Gulf Coast States of Alabama, Florida, Louisiana, Mississippi and Texas (“State” or “States”) pursuant to Sec. 1603(3) of the RESTORE Act.

    DATES:

    This rule will become effective on the date the Council publishes in the Federal Register a document confirming that the United States District Court for the Eastern District of Louisiana has entered a consent decree (Consent Decree) among the United States, the States and BP with respect to the civil penalty and natural resource damages in case number MDL No. 2179.

    ADDRESSES:

    The Council posted all comments on the proposed rule on its Web site, www.restorethegulf.gov, without change.

    FOR FURTHER INFORMATION CONTACT:

    Will Spoon at (504) 239-9814.

    SUPPLEMENTARY INFORMATION: Background

    The Gulf Coast region is vital to our nation and our economy, providing valuable energy resources, abundant seafood, extraordinary beaches and recreational activities, and a rich natural and cultural heritage. Its waters and coasts are home to one of the most diverse natural environments in the world—including over 15,000 species of sea life and millions of migratory birds. The Gulf has endured many catastrophes, including major hurricanes such as Katrina, Rita, Gustav and Ike in the last ten years alone. The region has also experienced the loss of critical wetland habitats, erosion of barrier islands, imperiled fisheries, water quality degradation and significant coastal land loss. More recently, the health of the region's ecosystem was significantly affected by the Deepwater Horizon oil spill. As a result of the oil spill, the Council has been given the great responsibility of helping to address ecosystem challenges across the Gulf.

    In 2010 the Deepwater Horizon oil spill caused extensive damage to the Gulf Coast's natural resources, devastating the economies and communities that rely on it. In an effort to help the region rebuild in the wake of the spill, Congress passed and the President signed the RESTORE Act, Public Law 112-141 sections 1601-1608, 126 Stat. 588 (Jul. 6, 2012), codified at 33 U.S.C. 1321(t) and note. The RESTORE Act created the Gulf Coast Restoration Trust Fund (Trust Fund) and dedicates to the Trust Fund 80% of all civil and administrative penalties paid under the Clean Water Act, after enactment of the RESTORE Act, by parties responsible for the Deepwater Horizon oil spill.

    Under the RESTORE Act, these funds will be made available through five components. The Department of the Treasury (Treasury) has issued regulations (79 FR 48039 (Aug. 15, 2014)), adopting an interim final rule at 31 CFR part 34) (Treasury Regulations), applicable to all five components, that generally describe the responsibilities of the Federal and State entities that administer RESTORE Act programs and carry out restoration activities in the Gulf Coast region.

    Two of the five components, the Council-Selected Restoration Component and the Spill Impact Component, are administered by the Council, an independent Federal entity created by the RESTORE Act. Under the Spill Impact Component (33 U.S.C. 1321(t)(3)), the subject of this rule, 30% of funds in the Trust Fund will be disbursed to the States based on allocation criteria set forth in the RESTORE Act.1 In order for funds to be disbursed to a State, the RESTORE Act requires each State to develop a State Expenditure Plan (SEP) and submit it to the Council for approval. The RESTORE Act specifies particular entities within the States to prepare these plans.

    1 33 U.S.C. 1321(t)(3)(A)(ii). The Council previously promulgated a regulation permitting each State to access up to 5% of the total amount available in the Trust Fund under the Spill Impact Component (the statutory minimum guaranteed to each State). These funds could be used for planning purposes associated with developing a State Expenditure Plan. 80 FR 1584 (Jan. 13, 2015); 40 CFR 1800.20.

    SEPs must meet the following four criteria set forth in the RESTORE Act: (1) All projects, programs and activities (activities) included in the SEP are eligible activities under the RESTORE Act (33 U.S.C. 1321(t)(3)(B)(i)(I)); (2) all activities included in the SEP contribute to the overall economic and ecological recovery of the Gulf Coast (33 U.S.C. 1321(t)(3)(B)(i)(II)); (3) the SEP takes the Council's Comprehensive Plan into consideration and is consistent with the goals and objectives of the Comprehensive Plan (33 U.S.C. 1321(t)(3)(B)(i)(III)); and (4) no more than 25% of the allotted funds are used for infrastructure projects unless the SEP contains certain certifications pursuant to 33 U.S.C. 1321(t)(3)(B)(ii) (33 U.S.C. 1321(t)(3)(B)(ii)). If the Council determines that an SEP meets the four criteria listed above and otherwise complies with the RESTORE Act and the applicable Treasury Regulations, the Council must approve the SEP based upon such determination within 60 days after a State submits an SEP to the Council. 33 U.S.C. 1321(t)(3)(B)(iv).

    The funds the Council disburses to the States upon approval of an SEP will be in the form of grants. As required by Federal law, the Council will award a Federal grant or grants to each of the States and incorporate into the grant award(s) standard administrative terms on such topics as recordkeeping, reporting and auditing. The Council will establish and implement a compliance program to ensure that the grants it issues comply with the terms of the grant agreement.

    The ultimate amount of administrative and civil penalties potentially available to the Trust Fund is not yet certain. On January 3, 2013, the United States announced that Transocean Deepwater Inc. and related entities agreed to pay $1 billion in civil penalties for violating the Clean Water Act in relation to their conduct in the Deepwater Horizon oil spill. The settlement was approved by the court in February 2013, and pursuant to the RESTORE Act approximately $816 million (including interest) has been paid into the Trust Fund. On October 5, 2015, the United States announced that it had lodged a proposed Consent Decree among the United States, the States and BP with the United States District Court for the Eastern District of Louisiana, providing for settlement of all civil claims against BP arising from the Deepwater Horizon oil spill. If made final, the proposed Consent Decree would require BP to pay to the United States a civil penalty under the Clean Water Act of $5.5 billion, plus interest, payable in installments over fifteen years. Under the RESTORE Act 80% of those payments, or $4.4 billion plus interest, would be dedicated to the Trust Fund and allocated to the five components based on percentages defined in the RESTORE Act, including 30% to the Spill Impact Component, the subject of this rule. There are, however, additional steps that must be completed before such funds may become available. The Consent Decree will not become final until a public comment process has been completed and the court has approved and entered the Consent Decree. This rule will become effective on the date when and if notice is published in the Federal Register confirming that the Consent Decree has been approved and entered by the court.

    This Rule

    This rule establishes the formula for allocating among the five States funds made available through the Spill Impact Component of the Trust Fund (Spill Impact Component), as required by the RESTORE Act, and supplements the Treasury Regulations. This rule, and the application of any determinations made hereunder, is limited to the Spill Impact Component and is promulgated solely for the purpose of establishing such allocation. The Council takes no position on what data or determinations may be appropriate for other uses, including for any other Component of the RESTORE Act or in connection with natural resource damage assessments, ongoing litigation, any other law or regulation or any rights or obligations in connection therewith.

    The RESTORE Act mandates that funds made available from the Trust Fund for the Spill Impact Component be disbursed to each State based on a formula established by the Council by a regulation based on a weighted average of the following three criteria: (1) 40% based on the proportionate number of miles of shoreline in each State that experienced oiling on or before April 10, 2011, compared to the total number of miles of shoreline throughout the Gulf Coast region that experienced oiling as a result of the Deepwater Horizon oil spill; (2) 40% based on the inverse proportion of the average distance from the mobile offshore drilling unit Deepwater Horizon at the time of the explosion to the nearest and farthest point of the shoreline that experienced oiling of each State; and (3) 20% based on the average population in the 2010 Decennial Census of coastal counties bordering the Gulf of Mexico within each State. 33 U.S.C. 1321(t)(3)(A)(ii).

    Public Comments and Summary of Changes to Final Rule

    On September 29, 2015, the Council published a proposed rule (80 FR 58417) establishing the formula for allocating among the five States funds made available through the Spill Impact Component, as required by the RESTORE Act. During the thirty-day comment period the Council received eleven written comments addressing the draft rule, from private citizens, other government entities (such as state, county and local entities), non-governmental organizations and others. All comments were reviewed and carefully considered by the Council before finalizing the rule. (The Council received fourteen additional comments not addressing the draft rule (for example, addressing specific restoration project preferences or addressing the Funded Priorities List) and did not respond to those comments herein.)

    The Council has made one clarifying edit to the final rule. In the first sentence of 40 CFR 1800.400, the phrase “coastal political subdivisions” has been replaced by “coastal counties” in conformance with the Act pursuant to 33 U.S.C. 1321(t)(3)(A)(ii)(III).

    General Comments/Responses

    Comment: Several commenters suggested or encouraged the Council to allocate Spill Impact Component funds to specific projects, specific ecological or economic areas of concern, or specific geographic areas.

    Response: The Council appreciates these comments and the expressions of concern for the ecosystems and economies of the Gulf Coast region. However, the purpose of the rule as required by the RESTORE Act is only to establish a percentage formula for allocation of Spill Impact Component funds; the rule does not address implementation. The implementation of projects and programs under this Component will take place pursuant to other provisions of the RESTORE Act (e.g., the Council's State Expenditure Plan (SEP) Guidelines available at www.restorethegulf.gov/sites/default/files/SEP-Guidelines-final_0.pdf). Additional information related to the Council's restoration goals, objectives and activities can be found on our Web site at www.restorethegulf.gov. No change was made to the rule in response to this comment.

    Comment: Several commenters referred to the SEP Guidelines (available at www.restorethegulf.gov/sites/default/files/SEP-Guidelines-final_0.pdf) and suggested that they be included, or incorporated by reference, in the rule. One commenter also suggested specific policies that the Council follow in implementing the SEP Guidelines and approving SEPs and mentioned the Council's “discretion” in evaluating SEPs.

    Response: The Council appreciates the comment and the thoughtful attention paid to the Council's Spill Impact Component processes. Under the RESTORE Act, each State will create an SEP setting forth the projects and programs on which the State will expend Spill Impact Component funds. However, the SEPs and their implementation are not the subject of this rule. The Council published the rule pursuant to the section of the RESTORE Act requiring a regulation to establish the Spill Impact Component allocation formula, see 33 U.S.C. 1321(t)(3)(A)(ii), and the Council limited the rule to that purpose.

    The Council's SEP Guidelines were carefully drafted to ensure effective and efficient implementation of the relevant requirements in the RESTORE Act. These Guidelines, which do not establish any Council discretion in evaluating or approving SEPs (see the “Environmental Compliance” section below), remain in effect regardless of whether or not they are incorporated into a Council rule or regulation. The Council may in the future issue further regulations as circumstances warrant. No change was made to the rule in response to this comment.

    Formula Criteria in General

    Comment: One commenter criticized the formula's 40%-40%-20% weighting of the three criteria (miles of oiled shoreline; inverse proportion of the Deepwater Horizon drilling rig distance from oiled shoreline; and average coastal county population) used to establish the Spill Impact Component funding allocation for each State. The commenter suggested using a 50%-40%-10% respective weighting, stating that the formula set forth in the draft rule gives too much weight to coastal county populations and not enough to miles of oiled shoreline.

    Response: The Council appreciates this comment and the analysis behind it. However, the formula's criteria percentage weightings of 40%-40%-20% described above are specified by the RESTORE Act and cannot be changed by the Council. See 33 U.S.C. 1321(t)(3)(A)(ii). No change was made to the rule in response to this comment.

    Oiled Shoreline Criterion

    Comment: One commenter offered support for the Council's use of US Coast Guard (USCG) data in determining the miles of oiled shoreline in each Gulf State.

    Response: The Council appreciates the commenter's support for the Council's implementation of this rule criterion.

    Comment: One commenter criticized the Council's use of USCG Rapid Assessment Technique (RAT) data in determining the amount of oiled shoreline in Texas, while using USCG Shoreline Cleanup Assessment Technique (SCAT) data for determining miles of oiled shoreline in the other States. The commenter suggested that SCAT data is the only reliable method for determining the oiled shoreline resulting from the Deepwater Horizon oil spill because RAT data is “preliminary in nature” and not guided by a “prescribed and systematic” methodology as is SCAT data. Since there is no SCAT data for Texas, the commenter suggested that there can be no determination of miles of oiled shoreline in Texas for purposes of the rule, and stated that the Council should therefore use a zero percentage for Texas under the first two criteria of the formula. The commenter also stated that the RAT method is not mentioned in either the USCG's Incident Management Handbook or the National Oceanic and Atmospheric Administration's (NOAA) Shoreline Assessment Manual.

    Response: The Council appreciates this comment and the analysis behind it. The Council has determined that it is prudent to consider the best available data in establishing the allocation in this rule. The location, magnitude, and persistence of exposure of nearshore habitats to Deepwater Horizon oil was documented through field surveys that included observations, measurements and collection and analysis of thousands of samples. Based on all data surveys, oil was observed on over 1300 miles of shoreline from Texas to Florida. Relying exclusively on SCAT data, thus excluding RAT data, would mean that Texas would appear to have had zero miles of oiled shoreline and (as the commenter concluded) result in a zero percentage for Texas under the first and second criteria of the rule formula. This is factually inaccurate. According to the available surveys and the USCG, Texas had at least 36.0 miles of shoreline “that experienced oiling as a result of the Deepwater Horizon oil spill.” 33 U.S.C. 1321(t)(3)(A)(ii)(I). To exclude this data because the RAT method was used instead of the SCAT method would not reflect this reality. While the RAT technique is not specifically named, the technique is described in the USCG Incident Management Handbook under the discussion of Field Observers, and in NOAA's Shoreline Assessment Manual in its discussion of rapid assessment teams (3rd Edition) or Field Observers (4th Edition). While RAT is not as prescribed or systematic as SCAT, it is nevertheless a commonly used assessment methodology. Additionally, the oil samples from the Texas shoreline were fingerprinted by the USCG and identified as originating from the Macondo well. Moreover, the use of RAT and SCAT data together is consistent with the use of both datasets by the United States in determining the injury to natural resources in its civil lawsuits against BP in connection with the Deepwater Horizon oil spill. The Council thus determined that since the Texas shoreline did in fact experience oiling from the spill, it was more reasonable to consider all available data, including RAT data, in establishing the allocation formula. No change was made to the rule in response to this comment.

    Inverse Proportion Criterion

    Comment: One commenter supported the Council's mathematical formula for determining the inverse proportion of the average distance of the Deepwater Horizon drilling rig from the nearest and farthest point of oiled shoreline in each State.

    Response: The Council appreciates the commenter's support for the Council's implementation of this criterion of the rule.

    Population Criterion

    Comment: One commenter criticized the Council's calculation of the portion of the formula based on the third criterion, “the average population . . . of coastal counties . . . within each Gulf Coast State,” stating that the calculation in the rule gives too much weight to States with smaller total coastal populations. The commenter suggested calculating the total population of each State's coastal counties as a percentage of the total population of all of the Gulf States' coastal counties in calculating this part of the rule formula.

    Response: The Council appreciates this comment. However, the RESTORE Act requires using, for this criterion, the calculation of the “average population . . . of coastal counties . . . within each Gulf Coast State.” See 33 U.S.C. 1321(t)(3)(A)(ii)(III). The Council interpreted this language to mean the average coastal county population within each State. This appears to be the plain meaning and intent of the term “average” in this provision. Using the total population of all coastal counties within each State, rather than the average population of each coastal county, would ignore the term “average” in the criterion and change the resulting allocation percentages in a way not permitted by the RESTORE Act.

    Thus the Council first determined which counties in each State are coastal counties, then used the 2010 Decennial Census data to determine the population of each of those counties, and finally calculated the average coastal county population within each State, compared to the respective averages of the other States, to arrive at the final percentage allocation for this criterion. No change was made to the rule in response to this comment.

    Coastal Counties Definition

    Comment: Several commenters criticized the exclusion of Harris County in Texas from the definition of “coastal counties” in the rule formula. See 33 U.S.C. 1321(t)(3)(A)(ii)(III). One commenter mentioned that Hillsborough County in Florida, and Orleans Parish in Louisiana, appear to have geographic complexities similar to Harris County.

    One commenter supported the Council's definition of coastal counties in the rule formula.

    Response: The coastal counties for the State of Florida are determined by the RESTORE Act and the Treasury Regulations (see 31 CFR 34.2). The RESTORE Act does not specify the coastal counties for the States of Alabama, Mississippi, Louisiana or Texas, and the Council referred to a generally accessible geographic map in order to determine those States' coastal counties. With respect to Texas there was additional discussion within the Council regarding the State's geographic complexity; for example, there are several interconnected waterways that are geographically distinct from the Gulf of Mexico. The Council did not consider any other State to be as geographically complex as Texas. For Hillsborough County in Florida, geographic complexity was not relevant since the Florida coastal counties are specified by the RESTORE Act and the Treasury Regulations. The Council did not consider Orleans Parish in Louisiana to be geographically complex since it directly touches the Gulf of Mexico through Lake Borgne, a body of water contiguous with the Gulf of Mexico. Since only the Texas coast was so geographically complex, the Council looked at additional sources when considering the definition of coastal counties in Texas.

    The Council thus considered the list of coastal counties used by the State of Texas Railroad Commission (TRC) (http://www.rrc.state.tx.us/), the Texas state agency responsible for regulating exploration, production and transportation of oil and natural gas in Texas as well as related pollution prevention measures—matters that are topically related to the purposes of the RESTORE Act. The TRC list is consistent with the Texas counties identified in the rule by using the generally accessible geographic map.

    The Council also consulted other Texas information sources. For example, the Council considered using the list used by the Texas Coastal Management Program (TX CMP) setting forth all or part of eighteen counties subject to the TX CMP. The Council found that the TX CMP does not contain a list of “coastal counties,” but rather tracks a “coastal zone.” The “coastal zone” area is defined by the Coastal Zone Management Act (CZMA) (16 U.S.C. 1451 et. seq.) based on hydrologic and geographic standards (see 16 U.S.C. 1453(1)) that are not meaningful for purposes of the Council defining “coastal counties” pursuant to the RESTORE Act at 33 U.S.C. 1321(t)(3)(A)(ii)(III).

    The Council also considered the definition of “coastal political subdivisions” used in the Outer Continental Shelf Lands Act (43 U.S.C. 1356a) and rejected it because it also in part uses the CZMA definition of “coastal zone” to define “coastal political subdivisions.”

    After having thus considered the TRC list and other sources, the Council concludes that the list of Texas coastal counties provided in the rule is reasonable and appropriate in implementing the provisions of the Spill Impact Component of the RESTORE Act. No change was made to the rule in response to this comment.

    The Council is using the TRC list only for purposes of establishing the population criterion of the rule formula pursuant to 33 U.S.C. 1321(t)(3)(A)(ii)(III); this use of the TRC list has no bearing on any other determination of coastal counties, areas, political subdivisions or jurisdictions, under Federal or state law or otherwise.

    Comment: Several commenters noted that Harris County was affected by the oil spill and therefore should have been included in the definition.

    Response: The Council appreciates that numerous Texas (and other Gulf States') counties were affected by the spill, including localities both on and more distant from the Gulf Coast. The Council interprets the RESTORE Act to require restricting the definition to a geographic determination of coastal counties; being affected by the spill is not a factor to be considered for this criterion of the rule formula, which is based solely on population. No change was made to the rule in response to this comment.

    It should be noted that the rule formula establishes only the allocation of Spill Impact Component funds to each State and has no bearing on where in a State such funds may be expended; for example, the State of Texas could elect to fund projects and/or programs within Harris County. Spending decisions will be made by each State in accordance with the State Expenditure Plan(s) to be created by each State under the RESTORE Act and the Treasury Regulations (including the limitation of programs to those carried out in the “Gulf Coast Region,” see 31 CFR 34.2 and 31 CFR 34.203(c)).

    Changes to Final Rule

    The Council made one clarifying edit to the final rule. In the first sentence of 40 CFR 1800.400, the phrase “coastal political subdivisions” has been replaced by “coastal counties” in conformance with the Act pursuant to 33 U.S.C. 1321(t)(3)(A)(ii)(III).

    Environmental Compliance

    The Council did not receive any public comments addressing the application of the National Environmental Policy Act (NEPA) to the promulgation of the rule or the Council's approval or funding of an SEP. The Council adopts the analysis detailed in the proposed rule (80 FR 58417, 58419 (Sept. 29, 2015)) that NEPA review is not required to issue this rule and will not be required in connection with Council approval or funding of an SEP.

    NEPA review will apply to specific activities undertaken pursuant to Council-approved SEPs that require significant Federal action before they can commence. For example, an SEP project requiring a Federal permit would generally require NEPA review by the issuing Federal agency, and obtaining such a permit might also require other Federal environmental compliance. No SEP implementation funds for an activity will be disbursed by the Council to a State until all requisite permits and licenses have been obtained.

    After considering all public comments, the Council now issues the final rule. The rule will take effect on the date when and if the United States District Court for the Eastern District of Louisiana approves and enters the Consent Decree.

    Procedural Requirements Regulatory Planning and Review (Executive Orders 12866 and 13563)

    As an independent Federal entity that is composed of, in part, six Federal agencies, including the Departments of Agriculture, the Army, Commerce, and the Interior, and the Department in which the Coast Guard is operating, and the Environmental Protection Agency, the requirements of Executive Orders 12866 and 13563 are inapplicable to this rule.

    Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally requires agencies 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. This rule will not have a significant economic impact on a substantial number of small entities because the direct recipients of the funds allocated under this rule are the five States, and states are not small entities under the Regulatory Flexibility Act. Additionally, this rule does not place any economic burden on the “coastal counties;” rather those counties will receive funds from their respective States' share of the allocated funds. Therefore, the Council has certified to the Chief Counsel for Advocacy of the Small Business Administration that this rule does not have a significant economic impact on a substantial number of small entities. Thus, a regulatory flexibility analysis was not required and has not been prepared.

    Paperwork Reduction Act

    This rule is promulgated solely to establish an allocation formula and State allocation percentages. As such, there are no associated paperwork requirements. Any paperwork necessary to submit a SEP under the Spill Impact component of the RESTORE Act required by statute and not by this rule. See 31 U.S.C. 1321(t)(3).

    List of Subjects in 40 CFR Part 1800

    Coastal zone, Fisheries, Grant programs, Grants administration, Intergovernmental relations, Marine resources, Natural resources, Oil pollution, Research, Science and technology, Trusts and trustees, Wildlife.

    For the reasons set forth in the preamble, the Gulf Coast Ecosystem Restoration Council amends 40 CFR part 1800 as follows:

    PART 1800—SPILL IMPACT COMPONENT 1. The authority citation for part 1800 continues to read as follows: Authority:

    33 U.S.C. 1321(t).

    2. Amend section 1800.1 by adding in alphabetical order definitions for “Deepwater Horizon oil spill,” “Inverse proportion,” “Spill Impact Formula,” “Treasury, ” and “Trust Fund” to read as follows:
    1800.1 Definitions.

    Deepwater Horizon oil spill means the blowout and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on April 20, 2010, and resulting hydrocarbon releases into the environment.

    Inverse proportion means a mathematical relation between two quantities such that one proportionally increases as the other decreases.

    Spill Impact Formula means the formula established by the Council in accordance with section 311(t)(3)(A)(ii) of the Federal Water Pollution Control Act, as added by section 1603 thereof.

    Treasury means the U.S. Department of the Treasury, the Secretary of the Treasury, or his/her designee.

    Trust Fund means the Gulf Coast Restoration Trust Fund.

    3. Add subpart C to read as follows: Subpart C—Spill Impact Formula Sec. 1800.100 Purpose. 1800.101 General formula. 1800.200 Oiled shoreline. 1800.201 Miles of shoreline that experienced oiling as a result of the Deepwater Horizon oil spill. 1800.202 Proportionate number of miles of shoreline that experienced oiling as a result of the Deepwater Horizon oil spill. 1800.300 Inverse proportion of the average distance from Deepwater Horizon at the time of the explosion. 1800.301 Distances from the Deepwater Horizon at the time of the explosion. 1800.302 Inverse proportions. 1800.400 Coastal county populations. 1800.401 Decennial census data. 1800.402 Distribution based on average population. 1800.500 Allocation.
    § 1800.100 Purpose.

    This subpart establishes the formula applicable to the Spill Impact Component authorized under the RESTORE Act (Pub. L. 112-141, 126 Stat. 405, 588-607).

    § 1800.101 General formula.

    The RESTORE Act provides that thirty percent (30%) of the funds made available from the Trust Fund for the Oil Spill Impact Component be disbursed to each of the Gulf Coast States of Alabama, Florida, Louisiana, Mississippi and Texas based on a formula established by the Council (Spill Impact Formula), through a regulation, that is based on a weighted average of the following criteria:

    (a) Forty percent (40%) based on the proportionate number of miles of shoreline in each Gulf Coast State that experienced oiling on or before April 10, 2011, compared to the total number of miles of shoreline that experienced oiling as a result of the Deepwater Horizon oil spill;

    (b) Forty percent (40%) based on the inverse proportion of the average distance from the mobile offshore drilling unit Deepwater Horizon at the time of the explosion to the nearest and farthest point of the shoreline that experienced oiling of each Gulf Coast State; and

    (c) Twenty percent (20%) based on the average population in the 2010 Decennial Census of coastal counties bordering the Gulf of Mexico within each Gulf Coast State.

    § 1800.200 Oiled shoreline.

    Solely for the purpose of calculating the Spill Impact Formula, the following shall apply, rounded to one decimal place with respect to miles of shoreline:

    § 1800.201 Miles of shoreline that experienced oiling as a result of the Deepwater Horizon oil spill.

    According to Shoreline Cleanup and Assessment Technique and Rapid Assessment Technique data provided by the United States Coast Guard, the miles of shoreline that experienced oiling on or before April 10, 2011 for each Gulf Coast State are:

    (a) Alabama—89.8 miles.

    (b) Florida—174.6 miles.

    (c) Louisiana—658.3 miles.

    (d) Mississippi—158.6 miles.

    (e) Texas—36.0 miles.

    § 1800.202 Proportionate number of miles of shoreline that experienced oiling as a result of the Deepwater Horizon oil spill.

    The proportionate number of miles for each Gulf Coast State is determined by dividing each Gulf Coast State's number of miles of oiled shoreline determined in § 1800.201 by the total number of affected miles. This calculation yields the following:

    (a) Alabama—8.04%.

    (b) Florida—15.63%.

    (c) Louisiana—58.92%.

    (d) Mississippi—14.19%.

    (e) Texas—3.22%.

    § 1800.300 Inverse proportion of the average distance from Deepwater Horizon at the time of the explosion.

    Solely for the purpose of calculating the Spill Impact Formula, the following shall apply, rounded to one decimal place with respect to distance:

    § 1800.301 Distances from the Deepwater Horizon at the time of the explosion.

    (a) Alabama—The distance from the nearest point of the Alabama shoreline that experienced oiling from the Deepwater Horizon oil spill was 89.2 miles. The distance from the farthest point of the Alabama shoreline that experienced oiling from the Deepwater Horizon oil spill was 103.7 miles. The average of these two distances is 96.5 miles.

    (b) Florida—The distance from the nearest point of the Florida shoreline that experienced oiling from the Deepwater Horizon oil spill was 102.3 miles. The distance from the farthest point of the Florida shoreline that experienced oiling from the Deepwater Horizon oil spill was 207.6 miles. The average of these two distances is 154.9 miles.

    (c) Louisiana—The distance from the nearest point of the Louisiana shoreline that experienced oiling from the Deepwater Horizon oil spill was 43.5 miles. The distance from the farthest point of the Louisiana shoreline that experienced oiling from the Deepwater Horizon oil spill was 213.7 miles. The average of these two distances is 128.6 miles.

    (d) Mississippi—The distance from the nearest point of the Mississippi shoreline that experienced oiling from the Deepwater Horizon oil spill was 87.7 miles. The distance from the farthest point of the Mississippi shoreline that experienced oiling from the Deepwater Horizon oil spill was 107.9 miles. The average of these two distances is 97.8 miles.

    (e) Texas—The distance from the nearest point of the Texas shoreline that experienced oiling from the Deepwater Horizon oil spill was 306.2 miles. The distance from the farthest point of the Texas shoreline that experienced oiling from the Deepwater Horizon oil spill was 356.5 miles. The average of these two distances is 331.3 miles.

    § 1800.302 Inverse proportions.

    The inverse proportion for each Gulf Coast State is determined by summing the proportional average distances determined in § 1800.301 and taking the inverse. This calculation yields the following:

    (a) Alabama—27.39%.

    (b) Florida—17.06%.

    (c) Louisiana—20.55%.

    (d) Mississippi—27.02%.

    (e) Texas—7.98%.

    § 1800.400 Coastal county populations.

    Solely for the purpose of calculating the Spill Impact Formula, the coastal counties bordering the Gulf of Mexico within each Gulf Coast State are:

    (a) The Alabama Coastal Counties, consisting of Baldwin and Mobile counties;

    (b) The Florida Coastal Counties, consisting of Bay, Charlotte, Citrus, Collier, Dixie, Escambia, Franklin, Gulf, Hernando, Hillsborough, Jefferson, Lee, Levy, Manatee, Monroe, Okaloosa, Pasco, Pinellas, Santa Rosa, Sarasota, Taylor, Wakulla, and Walton counties;

    (c) The Louisiana Coastal Parishes, consisting of Cameron, Iberia, Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Mary, St. Tammany, Terrebonne, and Vermilion parishes;

    (d) The Mississippi Coastal Counties, consisting of Hancock, Harrison, and Jackson counties; and

    (e) The Texas Coastal Counties, consisting of Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kennedy, Kleberg, Matagorda, Nueces, and Willacy counties.

    § 1800.401 Decennial census data.

    The average populations in the 2010 decennial census for each Gulf Coast State, rounded to the nearest whole number, are:

    (a) For the Alabama Coastal Counties, 297,629 persons;

    (b) For the Florida Coastal Counties, 252,459 persons;

    (c) For the Louisiana Coastal Parishes, 133,633 persons;

    (d) For the Mississippi Coastal Counties,123,567 persons; and

    (e) For the Texas Coastal Counties, 147,845 persons.

    § 1800.402 Distribution based on average population.

    The distribution of funds based on average populations for each Gulf Coast State is determined by dividing the average population determined in § 1800.401 by the sum of those average populations. This calculation yields the following results:

    (a) Alabama—31.16%.

    (b) Florida—26.43%.

    (c) Louisiana—13.99%.

    (d) Mississippi—12.94%.

    (e) Texas—15.48%.

    § 1800.500 Allocation.

    Using the data from §§ 1800.200 through 1800.402 of this subpart in the formula provided in § 1800.101 of this subpart yields the following allocation for each Gulf Coast State:

    (a) Alabama—20.40%.

    (b) Florida—18.36%.

    (c) Louisiana—34.59%.

    (d) Mississippi—19.07%.

    (e) Texas—7.58%.

    Justin R. Ehrenwerth, Executive Director, Gulf Coast Ecosystem Restoration Council.
    [FR Doc. 2015-31433 Filed 12-14-15; 8:45 am] BILLING CODE 6560-58-P
    GULF COAST ECOSYSTEM RESTORATION COUNCIL 40 CFR Part 1800 [Docket Number: 112152015-1111-11] RIN 3600-AA00 RESTORE Act—Initial Funded Priorities List AGENCY:

    Gulf Coast Ecosystem Restoration Council.

    ACTION:

    Notice of availability.

    SUMMARY:

    In accordance with the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf States Act (RESTORE Act or Act), the Gulf Coast Ecosystem Restoration Council (Council) announces the availability of the Initial Funded Priorities List (FPL). The FPL sets forth the initial activities that the Council will fund and prioritize for further consideration.

    DATES:

    December 15, 2015.

    ADDRESSES:

    The Council posted all comments on the draft version of the FPL on its Web site, http://www.restorethegulf.gov/. All comments received are part of the public record and subject to public disclosure.

    FOR FURTHER INFORMATION CONTACT:

    Will Spoon at 504-239-9814.

    SUPPLEMENTARY INFORMATION:

    Background

    In 2010, the Deepwater Horizon oil spill caused extensive damage to the Gulf Coast's natural resources, devastating the economies and communities that rely on it. In an effort to help the region rebuild in the wake of the spill, Congress passed and the President signed the RESTORE Act, Public Law 112-141, sections 1601-1608, 126 Stat. 588 (Jul. 6, 2012). The Act created the Gulf Coast Ecosystem Restoration Trust Fund (Trust Fund) and dedicates eighty percent (80%) of any civil and administrative penalties paid by parties responsible for the Deepwater Horizon oil spill under the Clean Water Act, after the date of enactment, to the Trust Fund. On January 3, 2013, the United States announced that Transocean Deepwater Inc. and related entities agreed to pay $1 billion in civil penalties for violating the Clean Water Act in relation to their conduct in the Deepwater Horizon oil spill. The settlement was approved by the court in February 2013, and pursuant to the Act approximately $816 million (including interest) has been paid into the Trust Fund.

    In addition to creating the Trust Fund, the Act established the Council, which is chaired by the Secretary of Commerce and includes the Governors of Alabama, Florida, Louisiana, Mississippi, and Texas, and the Secretaries of the U.S. Departments of Agriculture, the Army, Homeland Security, and the Interior, and the Administrator of the U.S. Environmental Protection Agency.

    Under the Act, the Council will administer a portion of the Trust Fund known as the Council-Selected Restoration Component in order to “undertake projects and programs, using the best available science, that would restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, coastal wetlands, and economy of the Gulf Coast.” In August 2013 the Council approved an Initial Comprehensive Plan (Initial Plan) (please see http://www.restorethegulf.gov/sites/default/files/GCERCCompPlanFactSheet_0.pdf and http://www.restorethegulf.gov/sites/default/files/FinalInitialComprehensivePlan.pdf) that outlines an overarching vision for Gulf restoration and includes the following five goals: (1) Restore and conserve habitat; (2) restore water quality; (3) replenish and protect living coastal and marine resources; (4) enhance community resilience; and (5) restore and revitalize the gulf economy.

    As a supplement to the Initial Plan and pursuant to the requirement in the Restore Act to draft a “prioritized list of specific projects and programs to be funded,” the Council is now publishing the initial FPL that lists the activities which the Council will fund and prioritize for further consideration.

    Summary: On August 13, 2015 the Council published the draft version of the FPL for a 45-day public notice and comment period, The comment period closed on September 28, 2015.

    After reviewing and considering all of the public comments, on December 9, 2015 the Council approved the FPL.

    The members of the Council collaborated in creating the FPL that responds to ecological needs regardless of jurisdictional boundaries. The FPL will provide near-term “on-the-ground” ecosystem benefits, while also building a planning and science foundation for future success. The FPL focuses on ten key watersheds across the Gulf in order to concentrate and leverage available funds in addressing critical ecological needs in high-priority locations. It focuses on habitat and water quality, and includes restoration and conservation activities that can be implemented in the near term. It also supports project-specific planning efforts necessary to advance large-scale restoration. The comprehensive planning and monitoring efforts included in the FPL will provide Gulf-wide benefits into the future.

    The Council intends to play a key role in helping to ensure that the Gulf's natural resources are sustainable and available for future generations. Currently available Gulf restoration funds and those that may become available in the future represent a great responsibility. The ongoing involvement of the people who live, work and play in the Gulf region is critical to ensuring that these monies are used wisely and effectively. The Council thanks all those who have participated in the process thus far, and offers thanks in advance to those who will take the time to again offer thoughts on how we can collectively help restore the Gulf.

    Document Availability: Copies of the FPL are available at the following office during regular business hours: Gulf Coast Ecosystem Restoration Council, Hale Boggs Federal Building, 500 Poydras Street, Suite 1117, New Orleans, LA 70130.

    Electronic versions of the FPL can be viewed and downloaded at www.restorethegulf.gov.

    Legal Authority: The statutory program authority for the FPL is found at 33 U.S.C. 1321(t)(2).

    Dated: December 9, 2015. Justin R. Ehrenwerth, Executive Director, Gulf Coast Ecosystem Restoration Council.
    [FR Doc. 2015-31463 Filed 12-14-15; 8:45 am] BILLING CODE 3510-EA-P
    NATIONAL TRANSPORTATION SAFETY BOARD 49 CFR Part 830 [Docket No. NTSB-AS-2012-0001] RIN 3147-AA11 Notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo, and Records AGENCY:

    National Transportation Safety Board (NTSB).

    ACTION:

    Direct final rule.

    SUMMARY:

    The NTSB is publishing an amendment to its regulations concerning notification and reporting requirements with regard to aircraft accidents or incidents, titled, “Immediate notification.” The regulation currently requires reports of Airborne Collision and Avoidance System (ACAS) advisories issued under certain specific circumstances. The NTSB now narrows the ACAS reporting requirement, consistent with the agency's authority to issue non-controversial amendments to rules, pursuant to the direct final rulemaking procedure. The NTSB also updates its contact information for notifications.

    DATES:

    This direct final rule will be effective February 16, 2016, without further notice, unless the NTSB receives adverse comment by January 14, 2016. If the NTSB receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.

    ADDRESSES:

    A copy of this direct final rule, published in the Federal Register, is available for inspection and copying in the NTSB's public reading room, located at 490 L'Enfant Plaza SW., Washington, DC 20594-2000. Alternatively, a copy of the rule is available on the NTSB Web site, at http://www.ntsb.gov, and at the government-wide Web site on regulations, at http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Scott Dunham, National Resource Specialist—ATC, Office of Aviation Safety, (202) 314-6387.

    SUPPLEMENTARY INFORMATION:

    Regulatory History

    On October 7, 2008, the NTSB published a Notice of Proposed Rulemaking (NPRM) titled “Notification and Reporting of Aircraft Accidents or Incidents and Overdue Aircraft, and Preservation of Aircraft Wreckage, Mail, Cargo, and Records.” 73 FR 58520. The NPRM proposed several additions to 49 CFR 830.5, to require reports of various types of serious aviation incidents. Among the proposed requirements, the NTSB sought mandatory reports of Airborne Collision Avoidance System (ACAS) resolution advisories issued either (i) when an aircraft is being operated on an instrument flight rules (IFR) flight plan and compliance with the advisory is necessary to avert a substantial risk of collision between two or more aircraft, or (ii) to an aircraft operating in class A airspace. 73 FR 58523-24.

    On January 7, 2010, the NTSB published its amendment to the final rule by requiring operators of civil aircraft to report certain ACAS incidents, along with other types of serious incidents. 75 FR 922. The NTSB explained its intent in imposing this reporting requirement is to identify, evaluate, and investigate (when appropriate) serious incidents where aircraft maneuvers were required to avert a substantial risk of collision between aircraft equipped with traffic collision avoidance systems (TCAS) and other aircraft and to evaluate situations where resolution advisories occur between aircraft under positive control in class A airspace. The NTSB clarified it did not intend to require the reporting of all resolution advisories or, outside class A airspace, to require the reporting of any resolution advisory resulting from an encounter between aircraft where no substantial risk of collision exists. 75 FR 925-26.

    The NTSB stated it believed the reporting requirement would achieve the NTSB's objective of receiving notification of aircraft encounters that present a significant risk of collision. In the Final Rule, the NTSB adopted the proposed language, which now appears at 49 CFR 830.5(a)(10).1

    1 On December 8, 2011, the NTSB published an NPRM proposing to exempt certain “monitor vertical speed” advisories from § 830.5(a)(10)(ii). 76 FR 76686. The NTSB did not incorporate this exemption in an amendment to the rule.

    Collection of Reports

    By this direct final rule, the NTSB removes the requirement of notifications of ACAS reports from aircraft operators within Class A airspace. The NTSB has determined, through review of the types of events submitted, that it is possible to reduce the scope of the notification requirement while still achieving the safety objective of the rule, which is to increase our awareness of potentially hazardous occurrences in the air traffic control system.

    When it issued the requirement of § 830.5(a)(10), the NTSB anticipated its collection of ACAS incident reports would educate the agency concerning whether the TCAS equipment functioned appropriately. In addition, the NTSB sought information concerning whether operators received improper resolution advisories, as well as a general understanding of the effectiveness of TCAS.

    Collecting the data on the volume of TCAS alerts that fulfill the criteria listed in § 830.5(a)(10) has been educational and has assisted the NTSB Office of Aviation Safety with understanding the general effectiveness of TCAS as well as the types of encounters that are likely to cause TCAS resolution advisories.

    Amending § 830.5(a)(10) to narrow the reporting requirement of TCAS resolution advisories also achieves the purpose of Executive Order 13579, “Regulation and Independent Regulatory Agencies” (76 FR 41587, July 14, 2011). The purpose of Executive Order 13579 is to ensure all agencies adhere to the key principles found in Executive Order 13563, “Improving Regulation and Regulatory Review” (76 FR 3821, January 21, 2011), which emphasizes agencies must promulgate regulations that are written plainly and clearly written, and do not present duplicative or unnecessary requirements. Removing the requirement of notifications from aircraft operators within Class A airspace that receive a TCAS resolution advisory achieves the purpose of Executive Order 13563, because the NTSB has concluded the notifications are not necessary.

    Direct Final Rulemaking Procedure

    The NTSB has determined it is appropriate to narrow the reporting requirement in § 830.5(a)(10) by publishing a Direct Final Rule. On September 23, 2015, the NTSB published a Final Rule codifying its authority to utilize the direct final rulemaking process to alter rules that are not controversial and to which the NTSB does not expect substantive comments. 80 FR 57307. As explained in its NPRM describing this process, agencies frequently use the direct final rulemaking process for minor changes to rules to which it does not expect adverse comments. 80 FR 34874 (June 18, 2015). The NTSB's rule on this procedure, codified at 49 CFR 800.44, states a direct final rule makes changes to a regulation which will take effect on a certain date unless the NTSB receives an adverse comment or a notice of intent to file an adverse comment. If the NTSB receives an adverse comment or notice of intent to file one, the agency will publish a document in the Federal Register withdrawing the rule change. The NTSB may then issue an NPRM proposing the change it sought to make by way of the direct final rulemaking process. Id. § 800.44(d). Section 800.44 also defines “adverse comment” for purposes of the direct final rulemaking procedure.

    This change limits required notifications to events that evidence a significant risk of collision, thereby reducing the regulatory burden on aircraft operators while continuing to achieve the safety objective of the rule. Informal discussions with organizations such as Air Line Pilots Association, International, Airlines for America, Regional Airline Association, and National Air Carrier Association have shown these organizations support the amendment. Overall, we do not expect to receive any negative industry comments.

    Legal Analyses and Effective Date

    The NTSB notes it analyzed the potential application of the Regulatory Flexibility Act (5 U.S.C. 601-612) to this rule. The NTSB certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities.

    In addition, this rule will not require collection of new information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Operators continue to have the option of notifying the NTSB of an ACAS advisory that fulfills the requirements of this rule via telephone or email. The NTSB is continuing to work with the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), to obtain an OMB control number under the Paperwork Reduction Act to collect reports of ACAS advisories, as well as other notifications, via a web-based form. See 80 FR 38751 (July 7, 2015).

    Pursuant to 49 CFR 800.44(c), the NTSB will publish a confirmation rule in the Federal Register if it has not received an adverse comment or notice of intent to file an adverse comment within 30 days of the date of publication of this direct final rule.

    List of Subjects in 49 CFR Part 830

    Aircraft accidents, Aircraft incidents, Aviation safety, Overdue aircraft notification and reporting, Reporting and recordkeeping requirements.

    For the reasons discussed in the preamble, the NTSB amends 49 CFR part 830 as follows:

    PART 830—[AMENDED] 1. The authority citation for part 830 is revised read as follows: Authority:

    49 U.S.C. 1101-1155; Pub. L. 85-726, 72 Stat. 731 (codified as amended at 49 U.S.C. 40101).

    2. Section 830.5 is amended by revising the introductory text and paragraphs (a) introductory text and (a)(10) to read as follows:
    § 830.5 Immediate notification.

    The operator of any civil aircraft, or any public aircraft not operated by the Armed Forces or an intelligence agency of the United States, or any foreign aircraft shall immediately, and by the most expeditious means available, notify the nearest National Transportation Safety Board (NTSB) office,1 when:

    1 NTSB headquarters is located at 490 L'Enfant Plaza SW., Washington, DC 20594. Contact information for the NTSB's regional offices is available at http://www.ntsb.gov. To report an accident or incident, you may call the NTSB Response Operations Center, at 844-373-9922 or 202-314-6290.

    (a) An aircraft accident or any of the following listed serious incidents occur:

    (10) Airborne Collision and Avoidance System (ACAS) resolution advisories issued when an aircraft is being operated on an instrument flight rules flight plan and compliance with the advisory is necessary to avert a substantial risk of collision between two or more aircraft.

    Christopher A. Hart, Chairman.
    [FR Doc. 2015-30758 Filed 12-14-15; 8:45 am] BILLING CODE 7533-01-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 101206604-1758-02] RIN 0648-XE326 Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2015-2016 Accountability Measure and Closure for Commercial King Mackerel in the Florida West Coast Northern Subzone; Correction AGENCY:

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

    ACTION:

    Temporary rule; correction.

    SUMMARY:

    This document contains corrections to a temporary rule published in the Federal Register on November 27, 2015, with an effective date span of November 28, 2015, to July 1, 2016, regarding an accountability measure and closure for commercial king mackerel in the Florida west coast northern subzone in the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) for the 2015-2016 fishing year. This document corrects the effective date span to conclude on October 1, 2016, and corrects a sentence, which stated the fishing year incorrectly.

    DATES:

    The effective date for the final rule published November 27, 2015, at 80 FR 74001, is 12 p.m., local time, November 28, 2015, until 12:01 a.m., local time, on October 1, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Susan Gerhart, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    In the temporary rule that published in the Federal Register on November 27, 2015 (80 FR 74001), the effective date of the rule and the fishing year for the commercial sector of Gulf migratory group king mackerel in the Florida west coast northern subzone of the Gulf EEZ were stated incorrectly.

    Correction

    The correct effective date for the temporary rule is November 28, 2015, until 12:01 a.m., local time, on October 1, 2016.

    In the SUPPLEMENTARY INFORMATION section on page 74002 of the temporary rule, column 1, the last sentence of the third paragraph is corrected to read as follows:

    “Accordingly, the Florida west coast northern subzone is closed effective noon, local time, November 28, 2015, through September 30, 2016, the end of the current fishing year, to commercial fishing for Gulf migratory group king mackerel.”

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: December 9, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-31480 Filed 12-14-15; 8:45 am] BILLING CODE 3510-22-P
    80 240 Tuesday, December 15, 2015 Proposed Rules DEPARTMENT OF ENERGY 10 CFR Part 430 [Docket Number EERE-2011-BT-STD-0043] RIN 1904-AC51 Energy Conservation Standards and Test Procedure for Miscellaneous Refrigeration Products: Notice of Data Availability; Request for Information AGENCY:

    Office of Energy Efficiency and Renewable Energy, Department of Energy.

    ACTION:

    Notice of data availability (NODA); request for information (RFI).

    SUMMARY:

    The U.S. Department of Energy (DOE) is currently weighing whether and how to regulate the energy efficiency of certain refrigeration products such as wine chillers and beverage centers (collectively, “coolers”). These “miscellaneous refrigeration products” (“MREFs”) include coolers that do not operate using a conventional compressor/condenser-based system, particularly those products that use a thermoelectric-based refrigeration system. In support of this effort, DOE has collected and analyzed a variety of data to better understand the composition of the MREF industry and its products. To ensure its understanding of this market and its products, DOE is requesting additional information from the public related to the manufacturers of thermoelectric-based MREFs.

    DATES:

    DOE will accept comments, data, and information regarding the NODA no later than January 14, 2016. Details regarding the data referenced in this document are provided in docket EERE-2011-BT-STD-0043, available at www.regulations.gov.

    ADDRESSES:

    Comments may be submitted to the addresses provided in section IV. of the SUPPLEMENTARY INFORMATION.

    The docket, EERE-2011-BT-STD-0043, is available for review at www.regulations.gov, including Federal Register notices, comments, and other supporting documents or materials. All documents in the docket are listed in the www.regulations.gov index. However, not all documents listed in the index may be publicly available, such as information that is exempt from public disclosure.

    A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;D=EERE-2011-BT-STD-0043. The regulations.gov Web page contains instructions on how to access all documents in the docket, including public comments. For further information on how to review the docket, contact Ms. Brenda Edwards at (202) 586-2945 or by email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Direct requests for additional information may be sent to Mr. Joseph Hagerman, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: 202-586-4549. Email: [email protected].

    In the office of the General Counsel, contact Mr. Michael Kido, Esq., U.S. Department of Energy, Office of General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-0121, (202) 586-8145, [email protected].

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Miscellaneous Refrigeration Products—Background II. Results and Analyses Summary III. Request for Information and Specific Issues for Which DOE Is Seeking Comment IV. Public Participation I. Miscellaneous Refrigeration Products—Background

    In November 2011, the Department of Energy (“DOE”) began a process to consider whether to include as covered products and establish energy conservation standards for certain types of refrigeration products that largely fall outside of DOE's regulations pertaining to refrigerators, refrigerator-freezers, and freezers.1 See 76 FR 69147 (November 8, 2011) (Notice of Proposed Determination) and 10 CFR 430.32(a) (setting out energy conservation standards for each class of refrigerator, refrigerator-freezer, and freezer currently regulated by DOE). Chief among the products garnering DOE's attention were products such as wine chillers (“coolers”)—which typically provide storage temperatures exceeding those used in those products already addressed by DOE's regulations. Cooling the storage areas of these products can be accomplished using different methods. One method is to use a conventional compressor/condenser-based system that feeds cold air into the internal storage compartment of the product. Another method—thermoelectric-based cooling—relies on the use of a solid-state heat pump that creates a cooling effect when electric current passes through two conductors. Under this approach, a temperature difference is created between the junction of two different types of materials as voltage is applied to the free ends of each material. Both of these technologies were considered in DOE's approach to regulating miscellaneous refrigeration equipment.

    1 For a narrow sliver of products that combined a wine storage compartment with a fresh food or freezer compartment (“combination coolers”), DOE had previously issued guidance indicating that these products may fall within the electric refrigerator and electric refrigerator-freezer definitions. See Refrigerators and Freezers Guidance (February 10, 2011) (discussing the treatment of “hybrid” refrigeration products—i.e., cominbation coolers).

    Pursuant to the Energy Policy and Conservation Act of 1975, as amended (“EPCA”), DOE may add a new product to its scope of regulatory coverage when certain criteria are met. See 42 U.S.C. 6292(b) (laying out specific criteria to satisfy when classifying a consumer product not already statutorily-covered as a covered product). Similarly, DOE may set energy conservation standards for those newly covered products if additional criteria are met. See 42 U.S.C. 6295(l) (detailing additional requirements to meet prior to prescribing standards for newly covered products). As part of its continuing efforts to improve consumer product and industrial equipment energy efficiency, DOE is considering including miscellaneous refrigeration products (“MREFs”), such as coolers that do not use a compressor/condenser-based system, to its list of products for regulatory coverage authority and to set energy conservation standards for them.

    To help better inform its potential regulation of these items, DOE announced its intention to establish a negotiated rulemaking working group that would operate under the Appliance Standards and Rulemaking Federal Advisory Committee (“ASRAC”) with the purpose of exploring possible energy efficiency requirements for MREFs. See 80 FR 17355 (April 1, 2015). DOE solicited the public for participants to help serve on the MREF Working Group and identified various groups who would be significantly affected by a rulemaking that would address MREF energy efficiency. See id. at 17357. The Working Group ultimately reached consensus among its members on a variety of issues, including the potential scope of coverage, applicable definitions, test procedure details, and energy conservation standards that would apply to these products. This effort, which was conducted in accordance with the Federal Advisory Committee Act (5 U.S.C. App. 2) and the Negotiated Rulemaking Act (5 U.S.C. 561-570), produced a consensus agreement addressing the above issues.

    II. Results and Analyses Summary

    The consensus agreement reached by the various participating parties was based on research and testing data related to MREF products. The data from this effort were used to create a comprehensive technical analysis that the Working Group used to develop the recommendations in its consensus agreement. The agreement was prepared for submission to ASRAC, which would then weigh its merits for approval for further consideration by DOE.

    Among the issues considered by the Working Group were the potential impacts related to manufacturers of thermoelectric-based MREF products. While DOE believes that the MREF Working Group, which included one manufacturer who currently sells thermoelectric-based products and other manufacturers who have sold thermoelectric coolers in the past, comprised a group of persons that are fairly representative of relevant points of view, including manufacturers of thermoelectric-based MREF products, DOE is seeking comment and any additional information regarding the nature of these manufacturers, and the marketing nuances and other issues specifically facing the manufacturers of thermoelectric-based MREF products.

    III. Request for Information and Specific Issues for Which DOE Is Seeking Comment

    DOE welcomes comments on all aspects of this notice of data availability and request for information. DOE is particularly interested in receiving comments from interested parties on the following data and questions related to the manufacturers of thermoelectric-based MREF products:

    (1) The number, location, size, product offering, and business structure of the original equipment manufacturers (“OEMs”) producing thermoelectric coolers for sale in the U.S. market.

    (2) The sales channels of the thermoelectric cooler OEMs serving the U.S. market. Which of these OEMs sell products directly to the U.S. market and which serve the U.S. market indirectly through private labelers?

    (3) The U.S. market shares (in terms of total shipments) of both the thermoelectric cooler private labelers and OEMs.

    (4) Using a database of models generated from publicly available information (including existing product databases and manufacturer and vendor Web sites), DOE identified over 30 brands of cooler models offered for sale in the U.S. that utilize thermoelectric refrigeration systems—all of which appear to be manufactured overseas. In DOE's view, the current market is competitive with no one dominant player and includes such private labelers as Vinotemp, Wine Enthusiast, Koolatron, and Haier. DOE seeks comment on whether this description of the thermoelectric cooler market is accruate and whether using the number of cooler models available on the U.S. market can be used as a proxy for market share for the cooler industry.DOE considered thermoelectric coolers when generating engineering analysis information included in the preliminary analysis (79 FR 71705 (Dec. 3, 2014)) and updated its analysis documents based on the Working Group discussions. (DOE's engineering analysis documents developed in support of the Working Group meetings are available at http://www.regulations.gov in Docket ID EERE-2011-BT-STD-0043.) These analyses indicated that thermoelectric cooler energy efficiency performance could be improved to a level that would be on-par (or exceed) the efficiency levels recommended by the Working Group by using a variety of options including, but not limited to, adding cabinet insulation, incorporating heat pipes, using solid rather than glass doors, or using glass or other translucent door material with higher insulating values. DOE requests comment on these engineering results and related estimates.

    (5) DOE seeks comment as to whether there are any substantive issues with relying on information furnished by private labelers who purchase thermoelectric-based MREFs for purposes of DOE's manufacturer impacts analysis. If there are no issues with relying on this information (or its source), please so state.

    (6) DOE also seeks any additional feedback relating to its analyses that it is making available as part of this NODA as it relates to thermoelectric manufacturers.

    IV. Public Participation Submission of Comments

    DOE welcomes comments on all aspects of this NODA and on other relevant issues that participants believe would affect the eventual test procedures and energy conservation standards applicable to MREF products. Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at http://www.regulations.gov. Follow the instructions for submitting comments. Alternatively, interested persons may submit comments, identified by docket number EERE-2011-BT-STD-0043, by any of the following methods:

    Email: To [email protected] Include EERE-2011-BT-STD-0043 in the subject line of the message.

    Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Office, Mailstop EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. Phone: (202) 586-2945. Please submit one signed paper original.

    Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, 6th Floor, 950 L'Enfant Plaza SW., Washington, DC 20024. Phone: (202) 586-2945. Please submit one signed paper original.

    All submissions received must include the agency name and docket number or RIN for this rulemaking.

    After the close of the comment period, DOE will begin reviewing the public comments and making any necessary adjustments to its standards analysis supporting its rulemaking proceeding concerning potential energy conservation standards for MREF products.

    DOE considers public participation to be a very important part of the process for developing test procedures and energy conservation standards. DOE actively encourages the participation and interaction of the public during the comment period in each stage of the rulemaking process. Interactions with and between members of the public provide a balanced discussion of the issues and assist DOE in the rulemaking process. Anyone who wishes to be added to the DOE mailing list to receive future notices and information about this rulemaking should contact Mr. Joseph Hagerman at (202) 586-4549, or via e-mail at [email protected]

    Issued in Washington, DC, on December 4, 2015. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy.
    [FR Doc. 2015-31566 Filed 12-14-15; 8:45 am] BILLING CODE 6450-01-P
    CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Ch. II [Docket No. CPSC-2015-0022] Petition Requesting Rulemaking on Products Containing Organohalogen Flame Retardants; Notice of Opportunity for Oral Presentation of Comments Correction

    In proposed rule document 2015-30694 beginning on page 75955 in the issue of Monday, December 7, 2015, make the following correction:

    On page 75956, in the first column, in the second paragraph, in the fifth and sixth lines “is 866-623-8636 and participant code is 4816474” should read “will be provided to remote participants prior to the December 9, 2015 hearing.”.

    [FR Doc. C1-2015-30694 Filed 12-14-15; 8:45 am] BILLING CODE 1505-01-D
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 97 [FRL-9940-10-OAR] Allocations of Cross-State Air Pollution Rule Allowances From New Unit Set-Asides for 2015 Control Periods AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of data availability (NODA).

    SUMMARY:

    The Environmental Protection Agency (EPA) is providing notice of the availability of preliminary lists of units eligible for allocations of emission allowances under the Cross-State Air Pollution Rule (CSAPR). Under the CSAPR federal implementation plans (FIPs), portions of each covered state's annual emissions budgets for each of the four CSAPR emissions trading programs are reserved for allocation to electricity generating units that commenced commercial operation on or after January 1, 2010 (new units) and certain other units not otherwise obtaining allowance allocations under the FIPs. The quantities of allowances allocated to eligible units from each new unit set-aside (NUSA) under the FIPs are calculated in an annual one- or two-round allocation process. EPA previously completed the first round of NUSA allowance allocations for the 2015 control periods for all four CSAPR trading programs, as well as the second round of allocations for the CSAPR NOX Ozone Season Trading Program, and is now making available preliminary lists of units eligible for allocations in the second round of the NUSA allocation process for the CSAPR NOX Annual, SO2 Group 1, and SO2 Group 2 Trading Programs. EPA has posted spreadsheets containing the preliminary lists on EPA's Web site. EPA will consider timely objections to the lists of eligible units contained in the spreadsheets and will promulgate a notice responding to any such objections no later than February 15, 2016, the deadline for recording the second-round allocations of CSAPR NOX Annual, SO2 Group 1, and SO2 Group 2 allowances in sources' compliance accounts. This notice of availability may concern CSAPR-affected units in the following states: Alabama, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wisconsin.

    DATES:

    Objections to the information referenced in this notice of availability must be received on or before January 14, 2016.

    ADDRESSES:

    Submit your objections via email to [email protected] Include “2015 NUSA allocations” in the email subject line and include your name, title, affiliation, address, phone number, and email address in the body of the email.

    FOR FURTHER INFORMATION CONTACT:

    Questions concerning this action should be addressed to Robert Miller at (202) 343-9077 or [email protected] or Kenon Smith at (202) 343-9164 or [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the CSAPR FIPs, the mechanisms by which initial allocations of emission allowances are determined differ for “existing” and “new” units. For “existing” units—that is, units commencing commercial operation before January 1, 2010—the specific amounts of CSAPR FIP allowance allocations for all control periods have been established through rulemaking. EPA has announced the availability of spreadsheets showing the CSAPR FIP allowance allocations to existing units in previous notices.1

    1 The latest spreadsheet of CSAPR FIP allowance allocations to existing units, updated in 2014 to reflect changes to CSAPR's implementation schedule but with allocation amounts unchanged since June 2012, is available at http://www.epa.gov/crossstaterule/actions.html. See Availability of Data on Allocations of Cross-State Air Pollution Rule Allowances to Existing Electricity Generating Units, 79 FR 71674 (December 3, 2014).

    “New” units—that is, units commencing commercial operation on or after January 1, 2010—as well as certain older units that would not otherwise obtain FIP allowance allocations do not have pre-established allowance allocations. Instead, the CSAPR FIPs reserve a portion of each state's total annual emissions budget for each CSAPR emissions trading program as a new unit set-aside (NUSA) 2 and establish an annual process for allocating NUSA allowances to eligible units. States with Indian country within their borders have separate Indian country NUSAs. The annual process for allocating allowances from the NUSAs and Indian country NUSAs to eligible units is set forth in the CSAPR regulations at 40 CFR 97.411(b) and 97.412 (NOX Annual Trading Program), 97.511(b) and 97.512 (NOX Ozone Season Trading Program), 97.611(b) and 97.612 (SO2 Group 1 Trading Program), and 97.711(b) and 97.712 (SO2 Group 2 Trading Program). Each NUSA allowance allocation process involves up to two rounds of allocations to new units followed by the allocation to existing units of any allowances not allocated to new units. EPA provides public notice at certain points in the process.

    2 The NUSA amounts range from two percent to eight percent of the respective state budgets. The variation in percentages reflects differences among states in the quantities of emission allowances projected to be required by known new units at the time the budgets were set or amended.

    EPA has already completed the first round of allocations of 2015 NUSA allowances for all four CSAPR trading programs, as well as the second round of 2015 NUSA allocations to units subject to the CSAPR Ozone Season Trading Program, as announced in notices previously published in the Federal Register.3 The first and second-round NUSA allocation process was discussed in those previous notices. This notice of availability concerns the second round of NUSA allowance allocations for the CSAPR NOX Annual, SO2 Group 1, and SO2 Group 2 Trading Programs for the 2015 control period.4

    3 80 FR 30988 (June 1, 2015); 80 FR 44882 (July 28, 2015); 80 FR 55061 (September 14, 2015); 80 FR 69883 (November 12, 2015).

    4 At this time, EPA is not aware of any unit eligible for a second-round allocation from any Indian country NUSA.

    The units eligible to receive second-round NUSA allocations for the CSAPR NOX Annual, SO2 Group 1, and SO2 Group 2 Trading Programs are defined in §§ 97.411(b)(1)(iii) and 97.412(a)(9)(i), 97.611(b)(1)(iii) and 97.612(a)(9)(i), and 97.711(b)(1)(iii) and 97.712(a)(9)(i), respectively. Generally, eligible units include any CSAPR-affected unit that commenced commercial operation between January 1 of the year before the control period in question and November 30 of the year of the control period in question. In the case of the 2015 control period, an eligible unit therefore must have commenced commercial operation between January 1, 2014 and November 30, 2015 (inclusive).

    The total quantity of allowances to be allocated through the 2015 NUSA allowance allocation process for each state and emissions trading program—in the two rounds of the allocation process combined—is generally the state's 2015 emissions budget less the sum of (1) the total of the 2015 CSAPR FIP allowance allocations to existing units and (2) the amount of the 2015 Indian country NUSA, if any.5 The amounts of CSAPR NOX Annual, SO2 Group 1, and SO2 Group 2 NUSA allowances may be increased in certain circumstances as set forth in §§ 97.412(a)(2), 97.612(a)(2), and 97.712(a)(2), respectively.

    5 The quantities of allowances to be allocated through the NUSA allowance allocation process may differ slightly from the NUSA amounts set forth in §§ 97.410(a), 97.510(a), 97.610(a), and 97.710(a) because of rounding in the spreadsheet of CSAPR FIP allowance allocations to existing units.

    Second-round NUSA allocations for a given state, trading program, and control period are made only if the NUSA contains allowances after completion of the first-round allocations.

    The amounts of second-round allocations of CSAPR NOX Annual, SO2 Group 1, and SO2 Group 2 allowances to eligible new units from each NUSA are calculated according to the procedures set forth in §§ 97.412(a)(9), (10) and (12), 97.612(a)(9), (10), and (12), and 97.712(a)(9), (10), and (12), respectively. Generally, the procedures call for each eligible unit to receive a second-round 2015 NUSA allocation equal to the positive difference, if any, between its emissions during the 2015 annual control periods (i.e., January 1, 2015 through December 31, 2015) as reported under 40 CFR part 75 and any first-round allocation the unit received, unless the total of such allocations to all eligible units would exceed the amount of allowances in the NUSA, in which case the allocations are reduced on a pro-rata basis.

    Any allowances remaining in the CSAPR NOX Annual, SO2 Group 1, or SO2 Group 2 NUSA for a given state and control period after the second round of NUSA allocations to new units will be allocated to the existing units in the state according to the procedures set forth in §§ 97.412(a)(10) and (12), 97.612(a)(10) and (12), and 97.712(a)(10) and (12), respectively.

    EPA notes that an allocation or lack of allocation of allowances to a given EGU does not constitute a determination that CSAPR does or does not apply to the EGU. EPA also notes that allocations are subject to potential correction if a unit to which NUSA allowances have been allocated for a given control period is not actually an affected unit as of the start of that control period.6

    6See 40 CFR 97.411(c), 97.611(c), and 97.711(c).

    The preliminary lists of units eligible for second-round 2015 NUSA allowance allocations for the three CSAPR annual trading programs are set forth in Excel spreadsheets titled “CSAPR_NUSA_2015_NOx_Annual_2nd_Round_Prelim_Data,” “CSAPR_NUSA_2015_SO2_Group_1_2nd_Round_Prelim_Data,” and “CSAPR_NUSA_2015_SO2_Group_2_2nd_Round_Prelim_Data” available on EPA's Web site at http://www.epa.gov/crossstaterule/actions.html. Each spreadsheet contains a separate worksheet for each state covered by that program showing each unit preliminarily identified as eligible for a second-round NUSA allocation.

    Each state worksheet also contains a summary showing (1) the quantity of allowances initially available in that state's 2015 NUSA, (2) the sum of the 2015 NUSA allowance allocations that were made in the first-round to new units in that state (if any), and (3) the quantity of allowances in the 2015 NUSA available for distribution in second-round allocations to new units (or ultimately for allocation to existing units).

    Objections should be strictly limited to whether EPA has correctly identified the new units eligible for second-round 2015 NUSA allocations of CSAPR NOX Annual, SO2 Group 1, and SO2 Group 2 allowances according to the criteria described above and should be emailed to the address identified in ADDRESSES. Objections must include: (1) Precise identification of the specific data the commenter believes are inaccurate, (2) new proposed data upon which the commenter believes EPA should rely instead, and (3) the reasons why EPA should rely on the commenter's proposed data and not the data referenced in this notice of availability.

    Authority:

    40 CFR 97.411(b), 97.611(b), and 97.711(b).

    Dated: December 7, 2015. Reid P. Harvey, Director, Clean Air Markets Division, Office of Atmospheric Programs, Office of Air and Radiation.
    [FR Doc. 2015-31461 Filed 12-14-15; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF COMMERCE National Telecommunications and Information Administration 47 CFR Chapter V [Docket Number: 151209999-5999-01] RIN 0660-AA30 Proposed Scope of NTIA's Authority Regarding FirstNet Fees AGENCY:

    National Telecommunications and Information Administration, U.S. Department of Commerce.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The National Telecommunications and Information Administration (NTIA) publishes this notice of proposed rulemaking to request public comment as it develops rules related to its review and approval of fees imposed by the First Responder Network Authority (FirstNet) as authorized by the Middle Class Tax Relief and Job Creation Act of 2012 (the Act).

    DATES:

    Submit comments on or before January 14, 2016.

    ADDRESSES:

    The public is invited to submit written comments to this proposed rule. Written comments may be submitted electronically through www.regulations.gov or by mail (to Office of Public Safety Communications; National Telecommunications and Information Administration; U.S. Department of Commerce; 1401 Constitution Avenue NW., Washington, DC 20230.). Comments received related to this proposed rule will be made a part of the public record and will be posted to www.regulations.gov without change. Comments should be machine readable and should not be copy-protected. Comments should include the name of the person or organization filing the comment as well as a page number on each page of the submission. All personally identifiable 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:

    Patrick Sullivan; Office of Public Safety Communications; National Telecommunications and Information Administration; U.S. Department of Commerce; 1401 Constitution Avenue NW., Washington, DC 20230; [email protected]; (202) 482-5948.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction, Summary of Proposed Rules II. Background: Relevant Statutory Provisions A. FirstNet-Assessed Fees Must Ensure Self-Funding and be Approved by NTIA. B. FirstNet's Finances are Subject to Broader, Independent Review. III. NTIA's Annual Fee Review Focuses on Whether FirstNet Fees and Other Income, In Aggregate, Are Sufficient, and Do Not Exceed the Amount Necessary, to Recoup FirstNet's Total Expense A. Standard of NTIA Fee Review and Approval. B. NTIA's Fee Review and Approval Process Does Not Assess the Reasonableness of a Proposed Fee. IV. Methodology of NTIA Fee Review and Approval Process A. Focus of NTIA Fee Review Methodology. B. NTIA's Fee Review and Approval Process Defers to FirstNet on Necessary Reserves. V. FirstNet-Proposed Fees Subject to NTIA Review Under Section 6208 Must be Addressed Upon NTIA Disapproval A. Fees Subject to NTIA Review and FirstNet Reconsideration Upon NTIA Disapproval. B. Income Other Than Fees is Not Subject to NTIA Fee Review. VI. Ex Parte Communication I. Introduction, Summary of Proposed Rules

    The Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112-96, Title VI, 126 Stat. 256 (codified at 47 U.S.C. 1401 et seq.)) (Act) established the First Responder Network Authority (FirstNet) as an independent authority within the National Telecommunications and Information Administration (NTIA).1 Congress mandated FirstNet ensure the building, deployment, and operation of an interoperable nationwide public safety broadband network (Network).2 In order to meet this critical directive and provide affordable, reliable, and sustainable broadband services for first responders across the United States, FirstNet must operate as a business enterprise. Today, public safety entities procure broadband services from numerous commercial service providers. When it enters the market, FirstNet will start with no market share and will have to compete for customers by distinguishing its product in terms of features, price, and reliability from products offered by commercial providers. To be successful, FirstNet will need to employ business strategies with flexibility and agility commonplace in the private sector.

    1See 47 U.S.C. 1424(a).

    2See 47 U.S.C. 1426(b)(1) (stating FirstNet shall “. . . take all actions necessary to ensure the building, deployment, and operation of the nationwide public safety broadband network . . .”).

    This document proposes rules that will enable NTIA to execute its duty to review specific fees proposed by FirstNet in a manner compatible with FirstNet's need to operate as a business in a competitive marketplace. NTIA proposes to execute its statutory fee review duties to afford FirstNet as much flexibility as possible to establish its business and budgetary goals and to adjust those goals as necessary to respond to the day-to-day realities of the broader competitive marketplace in which FirstNet must operate. Ultimately, NTIA intends to implement a fee review process that allows FirstNet to respond to changing market conditions and the demands of its vital and dynamic customer base: First responders.

    The Act requires FirstNet to be permanently self-funding and authorizes it to assess and collect certain types of fees to assure its sustainability. The Act requires that the total amount of FirstNet's annual fees must be sufficient to recoup FirstNet's total expenses, but such fees must not exceed the amount necessary to carry out its duties under the Act.3 As part of FirstNet's self-funding obligations, the Act directs NTIA to review these fees on an annual basis; they may only be assessed if approved by NTIA.4

    3See 47 U.S.C. 1428(b).

    4See 47 U.S.C. 1428(c).

    This notice of proposed rulemaking describes NTIA's overarching scope, boundaries, and guidelines for NTIA's fee review and approval process as required by law. Section II of this notice of proposed rulemaking details relevant statutory provisions and makes clear that, while NTIA has a distinct role through the fee review and approval process to ensure that FirstNet is self-funded, NTIA's role is a relatively limited part of broader statutory provisions designed to monitor FirstNet's financial condition and operational status.

    Section III defines the scope of NTIA's proposed fee review and approval process. NTIA has determined that this process is for a particular and limited purpose: it must examine only whether the proposed fees of another federal entity—FirstNet—as set forth under Section 6208 of the Act, are, in aggregate and in combination with any FirstNet non-fee-based income, sufficient, but not in excess of, the projected funds that FirstNet needs to recoup the total expenses required to carry out its statutory obligations in a given year. NTIA acknowledges that, as authorized by the Act, FirstNet might receive income which is separate and distinct from the fee categories defined in Section 6208. NTIA recognizes that such income will impact NTIA's determination whether FirstNet's proposed fees, in aggregate and in combination with such non-fee-based income, will meet but not exceed the funds it needs on an annual basis. However, NTIA proposes that the Act affords NTIA no authority to review or approve as a “fee” any other form of income FirstNet may receive beyond those fees listed in Section 6208(a).

    In Section IV, NTIA proposes a methodology for its fee review that must by law occur annually and prior to FirstNet's assessment of fees. Because NTIA's fee review process is for particular and limited purposes focusing on the financial sustainability of another federal entity within the Department of Commerce, NTIA will include in its review a review of FirstNet's projected expenses as set forth in its approved budgets as well as a review of FirstNet's prior-year actual expenses and revenues to facilitate FirstNet's compliance with Section 6208(b). To that end, NTIA proposes to utilize FirstNet's regular budget process and financial statements. NTIA also proposes to defer to FirstNet on any need for reserves, working capital, or similar fund categories. NTIA, however, will take such fund categories into consideration as part of its determination of whether the total proposed fees under Section 6208(b) meet, but do not exceed, FirstNet's total expenses.

    In Section V, NTIA discusses the fees that NTIA has specific jurisdiction to review; if, in its review of aggregate revenues and costs, it determines that FirstNet has not satisfied the legal standard, FirstNet must adjust its fees or otherwise make budgetary changes to ensure that the standard is met. Specifically, NTIA proposes to define the term “fee,” for purposes of its statutory obligations under Section 6208(c) of the Act, to mean FirstNet's direct collection of money that is generated from the three categories established in Section 6208(a) of the Act: (1) Network user fees; (2) lease fees pursuant to a covered leasing agreement (CLA); and (3) fees from entities seeking access to or use of any network equipment or infrastructure constructed or otherwise owned by FirstNet.5 Under this proposed rule, NTIA can direct FirstNet to address only those proposed fees that fall into one of these three categories. Further, NTIA proposes that it will not evaluate the reasonableness, or similar subjective attributes, of the specific fees assessed by FirstNet or its prospective partner or partners as contemplated in the Act. Specific NTIA rules are proposed in new 47 CFR Chapter V; Subchapter A will be utilized for NTIA rules that relate to FirstNet, and Subchapter B will be reserved for rules promulgated by FirstNet itself.

    5See 47 U.S.C. 1428(a).

    We seek comment on these preliminary proposals. We also look forward to FirstNet's progress in its procurement process, which may provide additional information relevant to NTIA's duties under Section 6208(c). With such information from stakeholders and FirstNet, NTIA will be better informed to solidify the scope of its fee review and approval process as appropriate.

    II. Background: Relevant Statutory Provisions A. FirstNet-Assessed Fees Must Ensure Self-Funding and Be Approved by NTIA

    The Act established FirstNet as an independent authority within NTIA.6 The Act authorizes FirstNet to take all actions necessary to ensure the building, deployment, and operation of the Network.7 To achieve this significant and unprecedented task, FirstNet must operate in many respects as a private sector business enterprise.8

    6See 47 U.S.C. 1424(a).

    7See 47 U.S.C. 1426(b).

    8 To that end, the Act set forth several key provisions establishing FirstNet as a business enterprise. For example, the Act requires the creation of the FirstNet Board, which has the fiduciary and operational functions assigned to boards of corporations. See 47 U.S.C. 1424(b). Furthermore, Board members appointed by the Secretary of Commerce must include individuals with various types of business experience, including expertise in building, deploying, and operating commercial telecommunications networks, and in financing and funding telecommunications networks. See id. FirstNet may only act as authorized by the Board to execute any powers granted by the Act to FirstNet, spend funds, or take other actions deemed necessary, appropriate, or advisable to accomplish the purposes of the Act. See 47 U.S.C. 1426(a)(1); see also 47 U.S.C. 1426(a)(5). As a business enterprise, FirstNet may contract with individuals; private companies; organizations; institutions; and Federal, State, regional, and local agencies. See 47 U.S.C. 1426(a)(3). The Act allows FirstNet to engage in other business activities, including selecting agents, consultants, or experts and hiring a program manager to carry out key aspects of deploying the NPSBN. See 47 U.S.C. 1425(b).

    FirstNet's authority to operate as a business can and should further its ability to meet the Act's mandate that it become a self-sustaining enterprise. Section 6208 of the Act makes clear that FirstNet must establish permanent self-funding and is authorized to collect fees for specified uses of the Network or its components in furtherance of that obligation.

    The Act established specific parameters for FirstNet's fee assessments described in Section 6208(a) to drive sustainability and continual reinvestment of FirstNet revenues into the Network. Section 6208(b), entitled, “Establishment of Fee Amounts; Permanent Self-Funding,” requires that the total amount of the fees assessed under Section 6208(c) for each fiscal year shall be sufficient, but cannot exceed, the amount necessary to recoup the total expenses of FirstNet as it carries out its duties under the Act.9 Moreover, FirstNet must reinvest amounts received from the assessment of fees under Section 6208 for constructing, maintaining, operating, or improving the Network.10 Specific to FirstNet's authority to assess and collect these fees, Section 6208(c) requires that NTIA review such fees “on an annual basis, and such fees may only be assessed if approved by . . . NTIA.” 11

    9See 47 U.S.C. 1428(b).

    10See 47 U.S.C. 1428(d).

    11 47 U.S.C. 1428(c).

    Additionally, the Act makes clear that FirstNet should consider public-private partnerships, affording it additional authority to creatively support the provision of a self-funded broadband network for use by public safety entities.12 Such partnerships might result in FirstNet's collection of income that does not fall within the fees specified in Section 6208(a).13

    12See, e.g., 47 U.S.C. 1428(a) (describing public-private arrangements to construct, manage, and operate the nationwide public safety broadband network between FirstNet and a secondary user); see also 47 U.S.C. 1426(b)(3) (requiring that FirstNet requests for proposals, to the maximum extent economically feasible, “include partnerships with existing commercial mobile providers to utilize cost- effective opportunities to speed deployment in rural areas”).

    13See, e.g., § 1426(a)(3) (referencing “grants and funds from . . . individuals, private companies, organizations, institutions, and Federal, State, regional, and local agencies”); § 1426(a)(4) (referencing “gifts, donations, and bequests of property, both real and personal”).

    B. FirstNet's Finances are Subject to Broader, Independent Review

    NTIA's approach in this proposed rule reflects the scope of its fees review authority in the context of other supervision of FirstNet's finances and operations, which taken together, ensure a high degree of oversight over FirstNet's finances under the Act. The Act sets forth multiple methods of oversight of FirstNet well beyond the limited review and approval of fees required of NTIA under Section 6208(c). For example, FirstNet is subject to an independent financial audit. Section 6209 of the Act requires that the Secretary of Commerce engage an independent auditor to conduct an annual audit of all of FirstNet's commercial corporate transactions which the auditor will submit to Congress, the President, and FirstNet.14 In addition, the Act requires an annual, “comprehensive and detailed report of the operations, activities, financial condition, and accomplishments of [FirstNet],” to be submitted to Congress along with “recommendations or proposals for legislative or administrative action as [FirstNet] deems appropriate.” 15 Furthermore, FirstNet must comply on a day-to-day basis with all other applicable federal financial laws and regulations. In light of these broader oversight provisions, NTIA's narrow scoping of its fee review authority is appropriate.

    14See 47 U.S.C. 1429.

    15 47 U.S.C. 1430.

    III. NTIA's Annual Fee Review Focuses on Whether FirstNet Fees and Other Income, in Aggregate, Are Sufficient, and Do Not Exceed the Amount Necessary, To Recoup FirstNet's Total Expenses A. Standard of NTIA Fee Review and Approval

    The Act does not provide a specific standard of review for NTIA's annual fee review and approval process under Section 6208(c).16 However, examination of other provisions in Section 6208 and the Act at large inform NTIA's proposed approach to FirstNet fee review. FirstNet has a duty under Section 6208(b) to ensure that, during a given fiscal year, the fees it assesses are sufficient, and shall not exceed the amount necessary, to recoup the “total expenses” associated with carrying out its duties as specified under the Act.17

    16See 47 U.S.C. 1428(c).

    17See 47 U.S.C. 1428(b).

    Given this overarching directive in Section 6208(b), which immediately precedes the Act's assignation of fee review to NTIA in Section 6208(c), NTIA proposes that the Act's purpose for the fee review is solely to support FirstNet's obligation under Section 6208(b) to be self-funding. Thus, NTIA intends to base its decisions on FirstNet's proposed fees by only examining whether the fees are, in aggregate and combined with other non-fee-based income, sufficient, but not in excess, of the projected funds FirstNet needs to carry out its statutory obligations in a given fiscal year. In this way, NTIA's review and approval of FirstNet-proposed fees under Section 6208 will exclusively focus on FirstNet's projected income and expenses to further the self-funding requirements and limitations of Section 6208(b). We seek comment on this proposed approach.

    B. NTIA's Fee Review and Approval Process Does Not Assess the Reasonableness of a Proposed Fee

    The scope of review of a fee is established by the statute.18 As a result, we propose that NTIA's fee review is scoped to self-sustainability and does not include review of the reasonableness of any fee assessed by FirstNet or its prospective partner or partners as contemplated in the Act.

    18See Principles of Federal Appropriations Law, Volume III, Third Edition, GAO, pp 12-140-12-181. GAO 08-978 SP (Washington, DC, September 2008).

    The wording of the Act itself does not direct NTIA to perform a reasonableness review. Section 6208(b), entitled, “Establishment Of Fee Amounts; Permanent Self-Funding,” requires that the total amount of the fees assessed by FirstNet for each fiscal year must be sufficient, but cannot exceed, the amount necessary to recoup the total expenses of FirstNet as it carries out its duties under the Act.19 NTIA's mandate to review and approve FirstNet fees directly follows this fee structure requirement in Section 6208(c).20 The Act provides no other direction regarding fee review, but the structure of the statute clearly indicates congressional intent to ensure that the assessed fees drive a self-funded network.

    19See 47 U.S.C. 1428(b).

    20See 47 U.S.C. 1428(c).

    A review of other provisions of Title 47 demonstrates that when Congress intends for rates to be subject to a review for “reasonableness” or other subjective standards, it states this intention explicitly. For example, Section 201 of the Communications Act directs the Federal Communications Commission (FCC) to determine whether the charges of telecommunications carriers are “just and reasonable.” 21 Similarly, Section 224 of the Communications Act directs the FCC to regulate the rates, terms, and conditions of pole attachments to ensure they are “just and reasonable.” 22 Here, with respect to FirstNet's assessment of fees under Section 6208, and NTIA's review and approval of such fees, the Act established no such “just and reasonable” standard.

    21See 47 U.S.C 201 (stating that, for common carrier services, “[a]ll charges . . . for and in connection with such communication service, shall be just and reasonable, and any such charge, practice, classification, or regulation that is unjust or unreasonable is hereby declared to be unlawful.”).

    22See 47 U.S.C 224 (b)(1) (stating that “the Commission shall regulate the rates, terms, and conditions for pole attachments to provide that such rates, terms, and conditions are just and reasonable, and shall adopt procedures necessary and appropriate to hear and resolve complaints concerning such rates, terms, and conditions.”)

    Moreover, a reasonableness review of FirstNet fees is unnecessary as a matter of policy. The Act does not mandate or require any public safety entity to purchase services from FirstNet. FirstNet must compete for subscribers by offering a compelling value proposition to prospective public safety customers. Public safety users themselves will determine whether FirstNet's proposed user fees are reasonable in comparison to the fees they are offered by competing providers.

    Thus, NTIA proposes that it will not assess whether individual or total fees in any given category described in Section 6208(a) are reasonable, proportionate, or otherwise subjectively appropriate in light of individual or total fees in that category, or any other category of fees listed in Section 6208(a). With the proposed scope of its fee review, NTIA meets the intent of the self-funding provisions, but does not import “just and reasonable” review parameters that Congress clearly could have, but did not, include in the statute. We seek comment on these preliminary proposals.

    IV. Methodology of NTIA Fee Review and Approval Process A. Focus of NTIA Fee Review Methodology

    Based on the preliminary conclusions above, NTIA proposes to base its approval of fees upon a determination of whether the proposed fees, in aggregate, when combined with any projected non-fee-based income that FirstNet receives, meet but do not exceed FirstNet's anticipated total expenses associated with carrying out its duties as specified under the Act in a given year. As required by the Act, NTIA will conduct its fee review and approval process on an annual basis. Further, NTIA's proposed fee review and approval process will occur before a fee is assessed as required by the Act, and NTIA expects that FirstNet will propose such fees to NTIA in writing. Because FirstNet must compete in a broader marketplace for the opportunity to provide broadband service to public safety entities, it will need the flexibility over the course of a fiscal year to adjust specific fees it wishes to assess pursuant to Section 6208(a).

    Thus, to empower FirstNet with the flexibility needed to compete in the marketplace, NTIA proposes that, as part of its annual fee review, it will also review FirstNet's actual fees and expenses from the previous four fiscal quarters. This process will afford FirstNet the opportunity to describe any significant discrepancies between projected and actual expenses and revenue of that previous fiscal year and detail how its projected fees and revenues for the upcoming fiscal year have addressed these discrepancies. In doing so, FirstNet will have an opportunity on an annual basis to ensure that its duty under Section 6208(b) is met. To determine FirstNet's anticipated expenses, among the specific costs areas that NTIA may consider are: (1) Salaries and Benefits; (2) Travel; (3) Services: Federal Sources; (4) Services: Non-Federal Sources; (5) Facilities Rental; (6) Supplies, Materials, and Printing; (7) Equipment; and (8) Other expenses or obligations incurred for future contract award, capital reserves, or other permitted expenses or obligations. NTIA anticipates deferring to FirstNet to determine the reasonableness of projected obligations in the aforementioned or other categories.

    Throughout the fee review and approval process, NTIA anticipates utilizing the budget documents and financial statements produced in the normal course of FirstNet's business. NTIA might also utilize FirstNet's annual budget reports as approved by the FirstNet Board and submitted as part of the President's Budget and FirstNet's mandated annual report to Congress.

    Therefore, NTIA proposes that it will make, on an annual basis, one of three determinations with regard to proposed fees: (1) FirstNet's proposed fees, in aggregate, when combined with any projected non-fee-based income to be received by FirstNet, meet but do not exceed FirstNet's projected total expenses; (2) FirstNet's proposed fees, in aggregate, when combined with any projected non-fee-based income to be received by FirstNet, do not meet FirstNet's projected total expenses; or (3) FirstNet's proposed fees, in aggregate, when combined with any projected non-fee-based income to be received by FirstNet, exceed FirstNet's projected total expenses. Upon making any of these determinations, NTIA will communicate its determination in writing to FirstNet. Should NTIA make the second or third determination listed above, NTIA will not approve FirstNet's proposed fees, and FirstNet may not assess them. NTIA proposes that it will accept any revised proposed fees or FirstNet approved revised budgets when provided by FirstNet in writing and evaluate them consistent with the scope and methodology proposed above.

    We seek comment on this proposed approach to NTIA's fee review and approval process. We also seek comment on alternative methodologies that will further our fee review and approval process consistent with the Act's directives.

    B. NTIA's Fee Review and Approval Process Defers to FirstNet on Necessary Reserves

    NTIA proposes that it should defer to FirstNet, in the context of its budgetary planning process, regarding the use and retention of reserves or working capital funds. By doing so, NTIA will not, in its fee review and approval process, assess whether or what level of funds FirstNet should maintain in reserves, capital accounts, or other funding categories. FirstNet's routine budget, auditing, and accounting processes will presumably determine the need for such capital reserve funds. NTIA plans to defer to FirstNet's determination of need for such funds through these processes. We seek comment on this proposed approach to NTIA's fee review and approval process.

    Moreover, NTIA proposes that, in its fee review and approval process, it will take into consideration reserve funds at the levels designated in FirstNet's budget, to determine whether FirstNet's proposed fees meet but not exceed FirstNet's total expenses. In doing so, NTIA will deem such funds to be a part of FirstNet's projected total expenses under Section 6208(b) of the Act. We seek comment on this proposal.

    V. FirstNet-Proposed Fees Subject to NTIA Review Under Section 6208 Must Be Addressed Upon NTIA Disapproval A. Fees Subject to NTIA Review and FirstNet Reconsideration Upon NTIA Disapproval

    The Act assigns a clear duty to NTIA under Section 6208: approve or disapprove the specific fees FirstNet aspires to assess under Section 6208. Under Section 6208(a) of the Act, FirstNet is authorized to assess and collect the following fees:

    1. A Network User Fee: “A user or subscription fee from each entity, including any public safety entity or secondary user, that seeks access to or use of the [Network].” 23

    23 47 U.S.C. 1428(a)(1).

    2. Fees Pursuant to a Covered Leasing Agreement: “A fee from any entity that seeks to enter into a [CLA].” 24

    24 47 U.S.C. 1428(a)(2)(A); See also 47 U.S.C. 1428(a)(2)(B) (stating that the Act defines a CLA as “a written agreement resulting from a public-private arrangement to construct, manage, and operate the nationwide public safety broadband network between the First Responder Network Authority and secondary user to permit—(i) access to network capacity on a secondary basis for non-public safety services; and (ii) the spectrum allocated to such entity to be used for commercial transmissions along the dark fiber of the long-haul network of such entity.”).

    3. Lease Fees Related to Network Equipment and Infrastructure: “A fee from any entity that seeks access to or use of any equipment or infrastructure, including antennas or towers, constructed or otherwise owned by the First Responder Network Authority resulting from a public-private arrangement to construct, manage, and operate the [Network]” 25

    25 47 U.S.C. 1428(a)(3).

    As a threshold matter for purposes of this proposed rule and NTIA's duty under Section 6208 of the Act, the word “fee,” as used in Section 6208(c) of the Act, must be defined. By defining the fees NTIA is to review, NTIA identifies the specific fees FirstNet must address prior to NTIA approval in the event NTIA must disapprove FirstNet-approved fees under the standards set forth above.

    To implement its fee review obligations under the Act, NTIA must determine the meaning of the term “fee” as used in Section 6208. In the case of the Act, the three sets of fees, which FirstNet may assess, and which NTIA must review if assessed, are clearly defined within Section 6208(a). Thus, NTIA proposes that a “fee” that will be subject to its review and approval under Section 6208(c) is FirstNet's collection of money that falls within the three categories in Section 6208(a): (1) Network user fees; (2) lease fees related to network capacity, pursuant to a covered leasing agreement; and (3) fees from entities seeking access to or use of any equipment or infrastructure constructed or otherwise owned by FirstNet.26 Given the clear language in Section 6208(a) defining the fees that FirstNet may assess, and the corresponding language in Section 6208(c) directing NTIA to review fees “assessed under [Section 6208],” NTIA proposes that its fee review authority, and FirstNet's obligation to address fees upon NTIA disapproval of proposed fees, is scoped to the three above-referenced categories. We seek comment on this preliminary proposal.

    26See 47 U.S.C. 1428(a).

    B. Income Other Than Fees Is Not Subject to NTIA Fee Review

    As noted above, NTIA recognizes that, under the Act, FirstNet may receive income that is separate and distinct from the fees defined in Section 6208(a). Such income must be factored into NTIA's determination of whether proposed fees, in aggregate, will meet but not exceed the funds needed by FirstNet on an annual basis. However, as the Act limits NTIA's review and approval authority to “the fees assessed in [Section 6208],” NTIA proposes that the Act gives it no authority to review or approve as a “fee” any other form of income FirstNet might receive. NTIA proposes that non-fee-based income, emanating from arrangements allowed by statute, is not a “fee” under Section 6208(a). Furthermore, NTIA proposes that it will consider any non-fee income only as part of its determination of whether such income, when combined in aggregate with the fees defined in Section 6208(a), will be sufficient to recoup FirstNet's total expenses, but not exceed the amount necessary, to carry out its statutory duties and responsibilities for the fiscal year involved. Moreover, NTIA proposes that it will not analyze the terms and conditions of any CLA, or any other agreement between FirstNet and another entity, beyond those specific terms and conditions which establish any fees that meet the three categories described in Section 6208(a). We seek comment on these preliminary proposals.

    VI. Ex Parte Communications

    Any non-public oral presentation to NTIA regarding the substance of this proposed rule will be considered an ex parte presentation, and the substance of the meeting will be placed on the public record and become part of this docket. No later than two (2) business days after an oral presentation or meeting, an interested party must submit a memorandum to NTIA summarizing the substance of the communication. NTIA reserves the right to supplement the memorandum with additional information as necessary, or to request that the party making the filing do so, if NTIA believes that important information was omitted or characterized incorrectly. Any written presentation provided in support of the oral communication or meeting will also be placed on the public record and become part of this docket. Such ex parte communications must be submitted to this docket as provided in the ADDRESSES section above and clearly labeled as an ex parte presentation. Federal entities are not subject to these procedures.

    Classification

    This rule has been determined to be not significant for purposes of Executive Order 12866.

    Regulatory Flexibility Act

    This proposed rulemaking, issued under the authority of the Act, will not have a significant economic impact on a substantial number of small entities as defined under the Regulatory Flexibility Act (RFA). If implemented, this rule would establish regulations, as required under the Act, for NTIA and FirstNet regarding the process by which NTIA reviews and approves or disapproves fees FirstNet proposes to assess. The RFA requires federal agencies to prepare an analysis of a rule's impact on small entities whenever the agency is required to publish a notice of proposed rulemaking. However, a federal agency may certify, pursuant to 5 U.S.C. 605(b), that the action will not have a significant economic impact on a substantial number of small entities. The proposed regulations are for the particular and limited purpose of NTIA examining only whether the proposed fees of another federal entity—FirstNet—are, in aggregate and in combination with any FirstNet non-fee-based income, sufficient, but not in excess of, the projected funds that FirstNet needs to recoup the total expenses required to carry out its statutory obligations in a given year. No external entities, including any small businesses, small organizations, or small governments, will experience any direct economic impacts from this proposed rule. The only potential effect on any external entities, large or small, would likely be positive, as NTIA's proposed rules will assist in ensuring that FirstNet, as required under the Act, will sustain a nationwide public safety broadband network that provides broadband communications to first responders. Because this action, if adopted, would directly affect only federal entities—NTIA and FirstNet—and not any small entities, the Department of Commerce has concluded that the action would not result in a significant economic impact on a substantial number of small entities. Thus, the Department of Commerce Chief Counsel for Regulations has certified to the Chief Counsel for Advocacy of the Small Business Administration that this rule will not have a significant impact on a substantial number of small entities. Therefore, an initial regulatory flexibility analysis is not required and has not been prepared.

    Executive Order 13132

    It has been determined that this document does not contain policies with Federalism implications as that term is defined in Executive Order 13132.

    List of Subjects in 47 CFR Part 500

    FirstNet, FirstNet Fees, Safety, Telecommunications.

    Dated: December 10, 2015. Lawrence E. Strickling, Assistant Secretary for Communications and Information.

    For the reasons set out in the preamble, the National Telecommunications and Information Administration proposes to add 47 CFR Chapter V to read as follows:

    CHAPTER V—THE FIRST RESPONDER NETWORK AUTHORITY (Parts 500-599) SUBCHAPTER A—NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION REGULATIONS (Parts 500-549) PART 500—REVIEW AND APPROVAL OF FEES PROPOSED BY THE FIRST RESPONDER NETWORK AUTHORITY (FIRSTNET) Sec. 500.1 Purpose and scope. 500.2 General definitions. 500.3 NTIA duty to review FirstNet proposed fees. 500.4 Scope of NTIA review of FirstNet proposed fees. 500.5 Methodology of NTIA fee review and approval process. Authority:

    47 U.S.C. 1401.

    § 500.1 Purpose and scope.

    Sections 500.2 through 500.5 implement 47 U.S.C. 1428(c) as codified pursuant to the Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112-96, Title VI, 126 Stat. 256 (codified at 47 U.S.C. 1401 et seq.) (the “Act”), which requires the National Telecommunications and Information Administration to annually review fees the First Responder Network Authority (FirstNet) proposes to assess.

    § 500.2 General definitions.

    Fee means FirstNet's receipt of money from:

    (1) A Network User Fee;

    (2) Lease Fees Related To Network Capacity; or

    (3) Lease Fees Related To Network Equipment And Infrastructure, as those terms are defined under 47 U.S.C. 1428(a).

    FirstNet means the First Responder Network Authority.

    Fiscal Year means the 12-month accounting period for the federal government, which begins on 1 October of a given year and ends on 30 September of the subsequent year.

    Non-fee-based income received by FirstNet means FirstNet's receipt of money from any source, transaction, entity, or any other means allowed under 47 U.S.C. 1401 et seq., other than those receipts described above in the definition of “fee.”

    NTIA means the National Telecommunications and Information Administration.

    NTIA's fee review and approval process means the process by which NTIA executes its duties under 47 U.S.C. 1428(c).

    § 500.3 NTIA's duty to review FirstNet proposed fees.

    As required under 47 U.S.C. 1428(c), NTIA shall exclusively review fees, which must be proposed by FirstNet in writing, through NTIA's review and approval process conducted on an annual basis.

    § 500.4 Scope of NTIA review of FirstNet proposed fees.

    NTIA shall approve FirstNet proposed fees only if such fees, when combined with any non-fee-based income projected to be received by FirstNet, are sufficient, but do not exceed the amount necessary, to recoup FirstNet's total expenses in carrying out its duties and responsibilities under 47 U.S.C. 1401 et seq. for the fiscal year involved.

    § 500.5 Methodology of NTIA fee review and approval process.

    (a) Fee review approach. To execute NTIA's fee review and approval process, NTIA shall utilize FirstNet's standard financial documentation, which may include but is not limited to:

    (1) FirstNet's budget documents produced in the normal course of its business;

    (2) FirstNet's financial statements produced in the normal course of its business;

    (3) FirstNet's annual budget reports submitted as part of the President's Budget; and

    (4) FirstNet's annual report to Congress.

    (b) Deference to FirstNet on necessary reserves. In executing NTIA's fee review and approval process, NTIA shall defer to FirstNet with respect to its use and retention of reserve or working capital funds. NTIA shall consider any such designated funds to be a part of FirstNet's total expenses in carrying out its duties and responsibilities under 47 U.S.C. 1401 et seq. for the fiscal year involved.

    (c) Determination of fee review: NTIA shall make one of the following determinations annually upon review of FirstNet's proposed fees:

    (1) FirstNet's proposed fees, in aggregate, when combined with any projected non-fee-based income to be received by FirstNet, meet but do not exceed FirstNet's projected total expenses;

    (2) FirstNet's proposed fees, in aggregate, when combined with any projected non-fee-based income to be received by FirstNet, do not meet FirstNet's projected total expenses; or

    (3) FirstNet's proposed fees, in aggregate, when combined with any projected non-fee-based income to be received by FirstNet, exceed FirstNet's projected total expenses. Upon making any of these determinations, NTIA will communicate its determination in writing to FirstNet.

    (d) Outcome of determination of fee review:

    (1) Should NTIA make the determination listed in paragraph (c)(1) of this section, FirstNet may assess the proposed fees.

    (2) Should NTIA make one of the determinations listed in paragraph (c)(2) or (3) of this section, NTIA will disapprove FirstNet's proposed fees, and FirstNet may not assess those proposed fees.

    (e) Revision of Proposed Fees: Upon a disapproval of FirstNet's proposed fees as described in paragraph (d)(2) of this section, or upon FirstNet's determination that it must revise NTIA-approved fees to ensure compliance with 47 U.S.C. 1428(b), FirstNet shall prepare a revised written submission to NTIA, which shall evaluate any proposed fees therein consistent with the rules in §§ 500.1-500.5.

    (f) Communication of NTIA fee approval or disapproval. Approval or disapproval of FirstNet-proposed fees shall be communicated in writing by the Assistant Secretary for Communications and Information and Administrator, National Telecommunications and Information Administration, U.S. Department of Commerce, to the Chair of the FirstNet Board.

    Subchapter B—[Reserved]
    [FR Doc. 2015-31516 Filed 12-14-15; 8:45 am] BILLING CODE 3510-60-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS-R5-ES-2015-0015; 4500030113] RIN 1018-BA85 Endangered and Threatened Wildlife and Plants; Endangered Species Status for the Big Sandy Crayfish and the Guyandotte River Crayfish AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Proposed rule; reopening of comment period.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the public comment period on our April 7, 2015, proposed rule to list the Big Sandy crayfish (Cambarus callainus) and the Guyandotte River crayfish (C. veteranus) as endangered species under the Endangered Species Act of 1973, as amended. We are taking this action to make the results of the 2015 summer surveys available for public review and comment. The surveys provide updated information on the two species' distribution and abundance. Comments previously submitted on the April 7, 2015, proposed rule need not be resubmitted, as they will be fully considered in preparation of the final listing determination.

    DATES:

    We will consider comments received or postmarked on or before January 14, 2016. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES section, below) must be received by 11:59 p.m. Eastern Time on the closing date.

    ADDRESSES:

    Document availability: You may obtain copies of the April 7, 2015, proposed rule and supporting material on the Internet at http://www.regulations.gov at Docket No. FWS-R5-ES-2015-0015. Documents may also be obtained by mail from the Northeast Regional Office (see FOR FURTHER INFORMATION CONTACT).

    Written comments: You may submit written comments by one of the following methods:

    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search box, enter FWS-R5-ES-2015-0015, which is the docket number for this rulemaking. Then, in the Search panel on the left side of the screen, under the Document Type heading, click on the Proposed Rules link to locate the document. You may submit a comment by clicking on “Comment Now!”

    (2) By hard copy: Submit by U.S. mail or hand delivery to: Public Comments Processing, Attn: FWS-R5-ES-2015-0015, U.S. Fish and Wildlife Service, MS: BPHC, 5275 Leesburg Pike, Falls Church, VA 22041-3803.

    We request that you send comments only by the methods described above. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments section, below, for more information).

    FOR FURTHER INFORMATION CONTACT:

    Martin Miller, Chief, Endangered Species, U.S. Fish and Wildlife Service, Northeast Regional Office, 300 Westgate Center Drive, Hadley, MA 01035; telephone 413-253-8615; or facsimile 413-253-8482. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339.

    SUPPLEMENTARY INFORMATION:

    Background

    In our April 7, 2015, proposed rule (80 FR 18710), we proposed to list the Big Sandy crayfish and the Guyandotte River crayfish as endangered species primarily due to the threats of land-disturbing activities that increase erosion and sedimentation, which degrade the stream habitat required by both species, and the effects of small population size. During the 60-day public comment period on the proposed rule, we received requests to extend the comment period beyond the June 8, 2015, closing date. For rulemaking and financial efficiency, we declined to extend the comment period at that time because we were already planning to reopen the comment period in the fall of 2015 to make available the results of rangewide surveys that would be conducted for each species in the summer of 2015. The final reports for the 2015 summer surveys are now available on the Internet at http://www.regulations.gov at Docket No. FWS-R5-ES-2015-0015 and at http://www.fws.gov/northeast/crayfish/. These survey results and any substantive public comments about the survey results will inform our final listing decision, which we anticipate publishing on or before April 7, 2016.

    For more information on previous Federal actions concerning the Big Sandy crayfish and the Guyandotte River crayfish, or information regarding the species' biology, status, distribution, and habitat, refer to the proposed rule published in the Federal Register on April 7, 2015 (80 FR 18710), which is available online at http://www.regulations.gov at Docket No. FWS-R5-ES-2015-0015 or by mail from the Northeast Regional Office (see FOR FURTHER INFORMATION CONTACT).

    Public Comments

    We will accept written comments and information during this reopened comment period on our proposal to list the Big Sandy crayfish and Guyandotte River crayfish that published in the Federal Register on April 7, 2015 (80 FR 18710). We will consider information and recommendations from all interested parties. We intend that any final action resulting from the proposal be as accurate as possible and based on the best available scientific and commercial data.

    If you submitted comments or information on the proposed rule (80 FR 18710) during the initial comment period from April 7, 2015, to June 8, 2015, please do not resubmit them. We have incorporated them into the public record as part of the previous comment period, and we will consider them in the preparation of our final determination.

    If you submit a comment via http://www.regulations.gov, your entire comment—including any personal identifying information—will be posted on the Web site. We will post all hardcopy comments on http://www.regulations.gov as well. If you submit a hardcopy comment that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so.

    Comments and materials we receive, as well as supporting documentation we used in preparing the proposed listing, will be available for public inspection on http://www.regulations.gov at Docket No. FWS-R5-ES-2015-0015, or by appointment, during normal business hours at the U.S. Fish and Wildlife Service, Northeast Regional Office (see FOR FURTHER INFORMATION CONTACT).

    Authors

    The primary authors of this notice are staff members in the Endangered Species Program, Northeast Regional Office, U.S. Fish and Wildlife Service.

    Authority

    The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: November 30, 2015. Stephen Guertin, Acting Director, U.S. Fish and Wildlife Service.
    [FR Doc. 2015-31369 Filed 12-14-15; 8:45 am] BILLING CODE 4333-15-P
    80 240 Tuesday, December 15, 2015 Notices DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS-2015-0041] Codex Alimentarius Commission: Meeting of the Codex Committee on Methods of Analysis and Sampling AGENCY:

    Office of the Under Secretary for Food Safety, USDA.

    ACTION:

    Notice of public meeting and request for comments.

    SUMMARY:

    The Office of the Under Secretary for Food Safety, U.S. Department of Agriculture (USDA), and the Food and Drug Administration (FDA), Center for Food Safety and Applied Nutrition (CFSAN) are sponsoring a public meeting on January 19, 2016. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States (U.S.) positions to be discussed at the 37th Session of the Codex Committee on Methods of Analysis and Sampling (CCMAS) of the Codex Alimentarius Commission (Codex), taking place in Budapest, Hungary, February 21-25, 2016. The Deputy Under Secretary for Food Safety and the Food and Drug Administration recognize the importance of providing interested parties with the opportunity to obtain background information on the 37th Session of the CCMAS and to address items on the agenda.

    DATES:

    The public meeting is scheduled for Tuesday, January 19, 2016, from 10:00-11:30 a.m.

    ADDRESSES:

    The public meeting will take place at the United States Department of Agriculture (USDA), Jamie L. Whitten Building, Room 107-A, 1400 Independence Avenue SW., Washington, DC 20250. Documents related to the 37th Session of CCMAS will be accessible via the Internet at the following address: http://www.codexalimentarius.org/meetings-reports/en/.

    Dr. Gregory O. Noonan, U.S. Delegate to the 37th Session of the CCMAS invites U.S. interested parties to submit their comments electronically to the following email address: [email protected]

    Call-In-Number:

    If you wish to participate in the public meeting for the 37th Session of CCMAS by conference call please use the call-in-number listed below:

    Call-in-Number: 1-888-844-9904.

    The participant code will be posted on the Web page below: http://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/us-codex-alimentarius/public-meetings.

    Registration:

    Attendees may register to attend the public meeting by emailing [email protected] by January 14, 2016. Early registration is encouraged because it will expedite entry into the building. The meeting will take place in a Federal building. Attendees should bring photo identification and plan for adequate time to pass through the security screening systems. Attendees who are not able to attend the meeting in person, but who wish to participate, may do so by phone.

    FOR FURTHER INFORMATION CONTACT:

    About the 37th Session Of CCMAS: Gregory O. Noonan, Ph.D., Research Chemist, Center for Food Safety and Applied Nutrition (CFSAN), Food and Drug Administration, Harvey W. Wiley Federal Building, 5100 Paint Branch Parkway, College Park, MD 20740, Phone: (240) 402-2250, Fax: (301) 436-2634, Email: [email protected]

    About The Public Meeting: Marie Maratos, U.S. Codex Office, 1400 Independence Avenue, Room 4861, South Agriculture Building, Washington, DC 20250. Phone: (202) 205-7760, Fax: (202) 720-3157, Email: [email protected]

    SUPPLEMENTARY INFORMATION: Background

    The Codex was established in 1963 by two United Nations organizations, the Food and Agriculture Organization and the World Health Organization. Through adoption of food standards, codes of practice, and other guidelines developed by its committees, and by promoting their adoption and implementation by governments, Codex seeks to protect the health of consumers and ensure that fair practices are used in trade.

    The CCMAS is responsible for defining the criteria appropriate to Codex Methods of Analysis and Sampling; serving as a coordinating body for Codex with other international groups working in methods of analysis and sampling and quality assurance systems for laboratories; specifying, on the basis of final recommendations submitted to it by other bodies reference methods of analysis and sampling; considering, amending, and endorsing, appropriate to codex standards which are geniunly applicable to a number of foods; methods of analysis and sampling proposed by Codex (Commodity) Committees, (except that methods of analysis and sampling for residues of pesticides or veterinary drugs in food, the assessment of microbiological quality and safety in food, and the assessment of specifications for food additives, do not fall within the terms of reference of this Committee); elaborating sampling plans and procedures; considering specific sampling and analysis problems submitted to it by the Commission or any of its Committees; and defining procedures, protocols, guidelines, or related texts for the assessment of food laboratory proficiency, as well as quality assurance systems for laboratories.

    The Committee is hosted by Hungary.

    Issues To Be Discussed at the Public Meeting

    The following items on the Agenda for the 37th Session of CCMAS will be discussed during the public meeting:

    • Criteria for endorsement of biological methods to detect chemicals of concern • Practical Examples (Information Document) • Procedures for determining uncertainty of measurement results • Development of procedures or guidelines for determining equivalency to Type I methods • Criteria approach to determining the acceptability of methods which use a “sum of components” Review and update of methods in Codex Standard 234-1999 (Recommended Methods of Analysis and Sampling) • Follow-up on methods of analysis and sampling plans • Sampling in Codex standards • Other Business and Future Work

    Each issue listed will be fully described in documents distributed, or to be distributed, by the Secretariat prior to the Committee Meeting. Members of the public may access or request copies of these documents (see ADDRESSES).

    Public Meeting

    At the January 19, 2016 public meeting, draft U.S. positions on the agenda items will be described and discussed, and attendees will have the opportunity to pose questions and offer comments. Written comments may be offered at the meeting or sent to the U.S. Delegate for the 37th Session of CCMAS, Gregory Noonan (see ADDRESSES). Written comments should state that they relate to activities of the 37th Session of CCMAS.

    Additional Public Notification

    Public awareness of all segments of rulemaking and policy development is important. Consequently, FSIS will announce this Federal Register publication on-line through the FSIS Web page located at: http://www.fsis.usda.gov/federal-register .

    FSIS also will make copies of this publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, Federal Register notices, FSIS public meetings, and other types of information that could affect or would be of interest to our constituents and stakeholders. The Update is available on the FSIS Web page. Through the Web page, FSIS is able to provide information to a much broader, more diverse audience. In addition, FSIS offers an email subscription service which provides automatic and customized access to selected food safety news and information. This service is available at: http://www.fsis.usda.gov/subscribe . Options range from recalls to export information, regulations, directives, and notices. Customers can add or delete subscriptions themselves, and have the option to password protect their accounts.

    USDA Non-Discrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, or political beliefs, exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States under any program or activity conducted by the USDA.

    How To File a Complaint of Discrimination

    To file a complaint of discrimination, complete the USDA Program Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your authorized representative.

    Send your completed complaint form or letter to USDA by mail, fax, or email:

    Mail: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410, Fax: (202) 690-7442, Email: [email protected]

    Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.), should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

    Done at Washington, DC on December 9, 2015. Mary Frances Lowe, U.S. Manager for Codex Alimentarius.
    [FR Doc. 2015-31458 Filed 12-14-15; 8:45 am] BILLING CODE 3410-DM-P
    DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS-2015-0040] Codex Alimentarius Commission: Meeting of the Codex Committee on Food Import and Export Inspection and Certification Systems AGENCY:

    Office of the Under Secretary for Food Safety, USDA.

    ACTION:

    Notice of public meeting and request for comments.

    SUMMARY:

    The Office of the Under Secretary for Food Safety, U.S. Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS), is sponsoring a public meeting on January 14, 2016. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States (U.S.) positions to be discussed at the 22nd Session of the Codex Committee on Food Import and Export Inspection and Certification Systems (CCFICS) of the Codex Alimentarius Commission (Codex), taking place in Melbourne, Australia, February 6-12, 2016. The Under Secretary for Food Safety recognizes the importance of providing interested parties the opportunity to obtain background information on the 22nd Session of the CCFICS and to address items on the agenda.

    DATES:

    The public meeting is scheduled for Thursday, January 14, 2016 from 2-4 p.m.

    ADDRESSES:

    The public meeting will take place at the Jamie L. Whitten Building, United States Department of Agriculture (USDA), 1400 Independence Avenue SW., Room 107-A, Washington, DC 20250. Documents related to the 22nd Session of the CCFICS will be accessible via the Internet at the following address: http://www.codexalimentarius.org/meetings-reports/en.

    Mary Stanley, U.S. Delegate to the 22nd Session of the CCFICS invites U.S. interested parties to submit their comments electronically to the following email address [email protected]

    Call-In-Number:

    If you wish to participate in the public meeting for the 22nd Session of the CCFICS by conference call, please use the call-in-number and participant code listed below.

    Call-In-Number: 1-888-844-9904.

    The participant code will be posted on the Web page below: http://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/us-codex-alimentarius/public-meetings.

    Registration:

    Attendees may register to attend the public meeting by emailing [email protected] by January 8, 2016. Early registration is encouraged because it will expedite entry into the building. The meeting will take place in a Federal building. Attendees should bring photo identification and plan for adequate time to pass through the security screening systems. Attendees who are not able to attend the meeting in person, but who wish to participate, may do so by phone.

    FOR FURTHER INFORMATION CONTACT:

    For Further Information About the 22nd Session Of CCFICS Contact: Mary Stanley, Director, Office of International Coordination, Food Safety and Inspection Service, U.S. Department of Agriculture, Room 2925, South Agriculture Building, 1400 Independence Avenue SW., Washington, DC 20250

    Phone: (202) 720-0287, Fax: (202) 720-4929, Email: [email protected]

    For Further Information About the Public Meeting Contact: Kenneth Lowery, U.S. Codex Office, 1400 Independence Avenue SW., Room 4861, South Agriculture Building, Washington, DC 20250 Phone: (202) 690-4042, Fax: (202) 720-3157, Email: [email protected]

    SUPPLEMENTARY INFORMATION: Background

    Codex was established in 1963 by two United Nations organizations, the Food and Agriculture Organization (FAO) and the World Health Organization (WHO). Through adoption of food standards, codes of practice, and other guidelines developed by its committees, and by promoting their adoption and implementation by governments, Codex seeks to protect the health of consumers and ensure fair practices in the food trade.

    The CCFICS is responsible for:

    (a) Developing principles and guidelines for food import and export inspection and certification systems with a view to harmonizing methods and procedures that protect the health of consumers, ensure fair trading practices, and facilitate international trade in foodstuffs;

    (b) Developing principles and guidelines for the application of measures by the competent authorities of exporting and importing countries to provide assurance where necessary that foodstuffs comply with requirements, especially statutory health requirements;

    (c) Developing guidelines for the utilization, as and when appropriate, of quality assurance systems to ensure that foodstuffs conform with requirements and to promote the recognition of these systems in facilitating trade in food products under bilateral/multilateral arrangements by countries;

    (d) Developing guidelines and criteria with respect to format, declarations and language of such official certificates as countries may require with a view towards international harmonization;

    (e) Making recommendations for information exchange in relation to food import/export control;

    (f) Consulting as necessary with other international groups working on matters related to food inspection and certification systems; and

    (g) Considering other matters assigned to it by the Commission in relation to food inspection and certification systems.

    The Committee is hosted by Australia.

    Issues To Be Discussed at the Public Meeting

    The following items on the Agenda for the 22nd Session of CCFICS will be discussed during the public meeting:

    • Activities of International Organizations relevant to the work of CCFICS • Activities of FAO and WHO • Activities of other International Organizations: (a) World Organisation for Animal Health (OIE) contribution to the 22nd Session of CCFICS (b) Contribution by the World Customs Organization to the 22nd Session of CCFICS • Draft principles and guidelines for the exchange of information (including questionnaires) between countries to support food import and export • Draft Guidance for monitoring the performance of national food control systems • Revision of the Principles and Guidelines for the Exchange of Information in Food Safety Emergency Situations • Revision of the Guidelines for the Exchange of Information between Countries on Rejections of Imported Food • Discussion paper on system comparability or equivalence • Discussion paper on the use of electronic certificates by competent authorities and migration to paperless certification • Discussion paper on consideration of emerging issues and future directions for the work of the Codex Committee on Food Import and Export Inspection and Certification • Discussion paper on system comparability or equivalence • Other business and future work

    Each issue listed will be fully described in documents distributed, or to be distributed, by the Secretariat prior to the Committee Meeting. Members of the public may access or request copies of these documents (see ADDRESSES).

    Public Meeting

    At the January 14, 2016 public meeting, draft U.S. positions on the agenda items will be described and discussed, and attendees will have the opportunity to pose questions and offer comments. Written comments may be offered at the meeting or sent to Mary Stanley, U.S. Delegate for the 22nd Session of the CCFICS (see ADDRESSES). Written comments should state that they relate to activities of the 22nd Session of CCFICS.

    Additional Public Notification

    Public awareness of all segments of rulemaking and policy development is important. Consequently, FSIS will announce this Federal Register publication on-line through the FSIS Web page located at: http://www.fsis.usda.gov/federal-register.

    FSIS also will make copies of this publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, Federal Register notices, FSIS public meetings, and other types of information that could affect or would be of interest to our constituents and stakeholders. The Update is available on the FSIS Web page. Through the Web page, FSIS is able to provide information to a much broader, more diverse audience. In addition, FSIS offers an email subscription service which provides automatic and customized access to selected food safety news and information. This service is available at: http://www.fsis.usda.gov/subscribe. Options range from recalls to export information, regulations, directives, and notices. Customers can add or delete subscriptions themselves, and have the option to password protect their accounts.

    USDA Non-Discrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, or political beliefs, exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States under any program or activity conducted by the USDA.

    How To File a Complaint of Discrimination

    To file a complaint of discrimination, complete the USDA Program Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your authorized representative.

    Send your completed complaint form or letter to USDA by mail, fax, or email:

    Mail: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410, Fax: (202) 690-7442, Email: [email protected]

    Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.), should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

    Done at Washington, DC on December 9, 2015. Mary Frances Lowe, U.S. Manager for Codex Alimentarius.
    [FR Doc. 2015-31459 Filed 12-14-15; 8:45 am] BILLING CODE 3410-DM-P
    DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35).

    Agency: U.S. Census Bureau.

    Title: Report of Building or Zoning Permits Issued for New Privately-Owned Housing Units (Building Permits Survey).

    OMB Control Number: 0607-0094.

    Form Number(s): C-404.

    Type of Request: Extension of a currently approved collection.

    Number of Respondents: 19,875.

    Average Hours per Response: 9.34 minutes.

    Burden Hours: 16,918.

    Needs and Uses: The Census Bureau requests a three-year extension of a currently approved collection of the Form C-404, otherwise known as the Building Permits Survey (BPS). This survey collects data on new residential buildings from state and local permit-issuing offices. The key estimates from the survey are the numbers of new housing units authorized by building permits; data are also collected on the valuation of the housing units.

    The Census Bureau produces statistics used to monitor activity in the large and dynamic construction industry. Given the importance of this industry, several of the statistical series have been designated by the Office of Management and Budget as Principal Economic Indicators. Two such indicators are directly dependent on the key estimates from the BPS: (1) New Residential Construction (which includes Housing Units Authorized by Building Permits, Housing Starts, and Housing Completions), and (2) New Residential Sales. These statistics help state, local, and federal governments, as well as private industry, analyze this important sector of the economy. The building permit series are available monthly based on a sample of building permit offices, and annually based on the entire universe of permit offices. Published data from the survey can be found on the Census Bureau's Web site at www.census.gov/permits.

    The Census Bureau collects these data primarily by mail using the Form C-404 or online using an online version of the same questionnaire. Some data are also collected via receipt of electronic files. Form C-404 collects information on changes to the geographic coverage of the permit-issuing place, the number, and valuation of new residential housing units authorized by building permits, and additional information on residential permits valued at $1 million or more. The form is titled “Report of Building or Zoning Permits Issued for New Privately-Owned Housing Units.”

    The Census Bureau uses the Form C-404 to collect data that provide estimates of the number and valuation of new residential housing units authorized by building permits. About one-half of the permit offices are requested to report monthly. The remaining offices are surveyed once per year. We use the data, a component of the Conference Board's Index of Leading Economic Indicators, to estimate the number of housing units authorized, started, completed, and sold (single-family only). In addition, the Census Bureau uses the detailed geographic data in the development of annual population estimates that are used by government agencies to allocate funding and other resources to local areas, inform policy, and aid in city planning. Policymakers, planners, businesses, and others use the detailed geographic data to monitor growth and plan for local services, and to develop production and marketing plans. The BPS is the only source of statistics on residential construction for states, counties, and smaller geographic areas. Because building permits are public records, we can release data for individual jurisdictions, and annual data are published for every permit-issuing jurisdiction.

    Affected Public: State, local, or Tribal governments.

    Frequency: Monthly and annually.

    Respondent's Obligation: Voluntary.

    Legal Authority: Title 13, United States Code, Sections 131 and 182.

    This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB.

    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to [email protected] or fax to (202) 395-5806.

    Sheleen Dumas, Departmental PRA Lead, Office of the Chief Information Officer.
    [FR Doc. 2015-31415 Filed 12-14-15; 8:45 am] BILLING CODE 3510-07-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-958] Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From the People's Republic of China: Notice of Court Decision Not in Harmony With Final Determination of Sales at Less Than Fair Value and Notice of Amended Final Determination of Sales at Less Than Fair Value Pursuant to Court Decision AGENCY:

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

    SUMMARY:

    On November 23, 2015, the United States Court of International Trade (“CIT”) issued its final judgment 1 sustaining the Department of Commerce's (the “Department”) final results of redetermination 2 issued pursuant to the CIT's remand order in Gold East Paper (Jiangsu) Co. v. United States, Court No. 10-00371, Slip Op. 15-37 (CIT 2015) (“Gold East III”), with respect to the Department's amended final determination 3 of the antidumping duty investigation of certain coated paper suitable for high-quality print graphics using sheet-fed presses (“coated paper”) from the People's Republic of China. Consistent with the decision of the United States Court of Appeals for the Federal Circuit (“CAFC”) in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (“Timken”), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (“Diamond Sawblades”), the Department is notifying the public that the final judgment in this case is not in harmony with the Department's Final Determination and is amending the Final Determination with respect to the dumping margin determined for Gold East Paper (Jiangsu) Co., Ltd., Gold Huasheng Paper Co., Ltd., Gold East (Hong Kong) Trading Co., Ltd., Ningbo Zhonghua Paper Co., Ltd., Ningbo Asia Pulp and Paper Co., Ltd. (collectively, “APP-China”), exporters and producers of subject merchandise.

    1See Gold East Paper (Jiangsu) Co. v. United States, Court No. 10-00371, Slip Op. 15-131 (CIT November 23, 2015) (“Gold East IV”).

    2See Final Results of Redetermination Pursuant to Court Remand, Gold East Paper (Jiangsu) Co. v. United States, Court No. 10-00371, Slip Op. 15-37 (CIT 2015), dated July 10, 2015 (“Remand Redetermination III”).

    3See Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 75 FR 59217 (September 27, 2010), as amended by Certain Coated Paper Suitable for High-Quality Print Graphics Using Sheet-Fed Presses From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Order, 75 FR 70203 (November 17, 2010), (collectively, “Final Determination”).

    DATES:

    Effective Date: December 3, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Eve Wang, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6231.

    SUPPLEMENTARY INFORMATION:

    Subsequent to the publication of the Final Determination, APP-China filed a complaint with the CIT challenging aspects of the methodology used to determine its dumping margin in the Final Determination.

    On June 17, 2013, the CIT issued Gold East I, instructing the Department to re-visit its decision on multiple issues in the underlying investigation.4 On January 13, 2014, the Department issued its Remand Redetermination I.5 Consistent with the CIT's instructions in Gold East I, the Department (1) recalculated the value of certain inputs using only market economy purchase (“MEP”) prices, (2) used prices from Korea and Thailand for purposes of valuing certain other inputs; (3) corrected certain programming errors in the targeted dumping calculation; (4) continued to classify certain of APP-China's sales as export price (“EP”), and (5) applied the average-to-average methodology to all of APP-China's sales.6

    4See Gold East Paper (Jiangsu) Co. v. United States, 918 F. Supp. 2d 1317 (CIT 2013) (“Gold East I”).

    5See Final Results of Redetermination Pursuant to Court Remand, Gold East Paper (Jiangsu) Co. v. United States, Court Order No. 10-00371, Slip Op. 13-74 (CIT 2013), dated January 13, 2014 (“Remand Redetermination I”)

    6See Remand Redetermination I at 2.

    On July 2, 2014, the CIT sustained in part, and remanded in part the Department's first remand redetermination.7 On November 26, 2014, the Department issued its Remand Redetermination II.8 Pursuant to the CIT's instructions in Gold East II, the Department used APP-China's prices for inputs from Thailand and did not use APP-China's prices for inputs from South Korea to calculate its dumping margin.9 Additionally, the Department continued to apply the average-to-average methodology without zeroing to all of APP-China's sales.10

    7See Gold East Paper (Jiangsu) Co. v. United States, 991 F. Supp. 2d 1357 (CIT 2014) (“Gold East II”).

    8See Final Results of Redetermination Pursuant to Court Remand, Gold East Paper (Jiangsu) Co. v. United States, Court Order No. 10-00371, Slip Op. 14-79 (CIT 2014), dated November 26, 2014 (“Remand Redetermination II”).

    9Id.

    10Id.

    On April 22, 2015, the CIT issued its decision in Gold East III, in which it remanded the Department's conclusion that no information generally available to it at the time of the Final Determination supports a finding that the MEP prices for certain inputs from Thailand during the period of investigation may have been distorted because of countervailable export subsidies.11 Additionally, the CIT instructed the Department to explain its decision not to rely on the differential pricing (“DP”) analysis in complying with the CIT's order to apply the previously withdrawn targeted dumping regulation.12 On July 10, 2015, the Department reversed its decision of relying on APP-China's prices for inputs from Thailand and, consistent with the CIT order, applied the average-to-transaction methodology in its targeted dumping analysis to APP-China's sales which were found to be targeted.13

    11See Gold East III.

    12Id.

    13See Remand Redetermination III.

    On November 23, 2015, the CIT issued its decision in Gold East IV, in which it sustained the Department's Remand Redetermination III, finding that the Department's determination that the presumption of the continued existence of a broadly-available, non-industry-specific program that may have distorted APP-China's Thai suppliers' prices was reasonable and supported by the record as a whole, and that the targeted dumping methodology the Department employed was reasonable.14

    14See Gold East IV.

    Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond Sawblades, the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (“the Act”), the Department must publish a notice of a court decision that is not “in harmony” with a Department determination and must suspend liquidation of entries pending a “conclusive” court decision. The CIT's November 23, 2015, judgment in this case constitutes a final court decision that is not in harmony with the Department's Final Determination. This notice is published in fulfillment of the publication requirements of Timken.

    Amended Final Results

    Because there is now a final court decision with respect to this case, the Department is amending the Final Determination with respect to APP-China's weighted-average dumping margin, effective December 3, 2015. The revised dumping margin is as follows:

    Exporter Producer Final percent margin Gold East Paper (Jiangsu) Co., Ltd.;
  • Gold Huasheng Paper Co., Ltd.;
  • Ningbo Zhonghua Paper Co., Ltd.;
  • Ningbo Asia Pulp and Paper Co., Ltd.;
  • Gold East (Hong Kong) Trading Co., Ltd.
  • Gold East Paper (Jiangsu) Co., Ltd.;
  • Gold Huasheng Paper Co., Ltd.;
  • Ningbo Zhonghua Paper Co., Ltd.;
  • Ningbo Asia Pulp and Paper Co., Ltd.
  • 3.64

    Accordingly, the Department will continue the suspension of liquidation pending the expiration of the period of appeal or if appealed, pending a final and conclusive court decision.

    Cash Deposit Requirements

    Since the Final Determination, the Department has not established a new cash deposit rate for the above-listed APP-China companies. As a result, in accordance with section 735(c)(1)(B) of the Act, the Department will instruct CBP to collect a cash deposit of 3.64 percent for entries of subject merchandise exported and produced by APP-China, effective December 3, 2015.

    Notification to Interested Parties

    This notice is issued and published in accordance with sections 516A(e), 735(d), and 777(i)(1) of the Act.

    Dated: December 9, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-31559 Filed 12-14-15; 8:45 am] BILLING CODE P
    DEPARTMENT OF COMMERCE International Trade Administration [A-351-841] Polyethylene Terephthalate Film, Sheet and Strip From Brazil: Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY:

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

    SUMMARY:

    On August 12, 2015, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on polyethylene terephthalate film, sheet and strip (PET film) from Brazil for the period November 1, 2013 through November 9, 2013.1 For the final results, we continue to find that respondent Terphane Ltda and Terphane, Inc. (collectively, Terphane) made no shipments of subject merchandise during the period of review (POR). We made no changes to the Preliminary Results.

    1See Polyethylene Terephthalate Film, Sheet and Strip from Brazil: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 80 FR 48292 (August 12, 2015) (Preliminary Results).

    DATES:

    Effective Date: December 15, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Tyler Weinhold or Robert James, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1121 and (202) 482-0649, respectively.

    SUPPLEMENTARY INFORMATION: Background

    On August 12, 2015, the Department published the Preliminary Results in the Federal Register.2 In the Preliminary Results, the Department preliminarily determined that Terphane made no shipments during the POR. We invited parties to comment on the Preliminary Results. We received no comments.

    2Id.

    Scope of the Order

    The products covered by the order are all gauges of raw, pre-treated, or primed PET film, whether extruded or co-extruded. Excluded are metallized films and other finished films that have had at least one of their surfaces modified by the application of a performance-enhancing resinous or inorganic layer more than 0.00001 inches thick. Also excluded is roller transport cleaning film which has at least one of its surfaces modified by application of 0.5 micrometers of SBR latex. Tracing and drafting film is also excluded. PET film is classifiable under subheading 3920.62.00.90 of the Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope of the order is dispositive.

    Determination of No Shipments

    As noted in the Preliminary Results, we received a no-shipment claim from Terphane, and we confirmed this claim with U.S. Customs and Border Protection (CBP). Because no party commented on our preliminary results, we continue to find that the record indicates that Terphane did not export subject merchandise to the United States during the POR and that it had no reviewable transactions during the POR.

    Assessment

    Pursuant to 19 CFR 356.8(a), the Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. On May 6, 2003, the Department clarified its “automatic assessment” regulation.3 This clarification will apply to entries of subject merchandise during the POR for which the reviewed company did not know its merchandise was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. For any entries by Terphane, we will instruct CBP to assess antidumping duties in accordance with the reseller policy.

    3See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (reseller policy).

    Cash Deposit Requirements

    As this order has been revoked in full, and the suspension of liquidation of entries of PET film from Brazil has been lifted, we do not intend to issue cash deposit instructions.4

    4See Polyethylene Terephthalate Film, Sheet, and Strip From Brazil, the People's Republic of China and the United Arab Emirates: Continuation and Revocation of Antidumping Duty Orders, 80 FR 6689 (February 6, 2015).

    Notifications

    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 the antidumping duties occurred and the subsequent assessment of doubled antidumping duties.

    This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.

    This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended.

    Dated: December 9, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2015-31564 Filed 12-14-15; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

    Agency: National Oceanic and Atmospheric Administration (NOAA).

    Title: Creel Survey of Private Boat Recreational Fishing in the U.S. Virgin Islands.

    OMB Control Number: 0648-xxxx.

    Form Number(s): None.

    Type of Request: Regular (request for a new information collection).

    Number of Respondents: 250.

    Average Hours per Response: 15 minutes.

    Burden Hours: 63.

    Needs and Uses: This request is for a new information collection.

    The National Marine Fisheries Service (NMFS) proposes to collect landings and socioeconomic data from recreational anglers in the U.S. Virgin Islands. This data collection will assist in creating and utilizing an appropriate methodology for future sampling of this segment of these fisheries and to assist in the development of management proposals. In addition, the information will be used to satisfy legal mandates under Executive Order 12898, the Magnuson-Stevens Fishery Conservation and Management Act (U.S.C. 1801 et seq.), the Regulatory Flexibility Act, the Endangered Species Act, and the National Environmental Policy Act, and other pertinent statues.

    Affected Public: Individuals or households.

    Frequency: One time.

    Respondent's Obligation: Voluntary.

    This information collection request may be viewed at reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB.

    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to [email protected] or fax to (202) 395-5806.

    Dated: December 10, 2015. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2015-31500 Filed 12-14-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE280 Fisheries of the Exclusive Economic Zone Off Alaska; North Pacific Groundfish and Halibut Observer Program Standard Ex-Vessel Prices AGENCY:

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

    ACTION:

    Notification of standard ex-vessel prices.

    SUMMARY:

    NMFS publishes standard ex-vessel prices for groundfish and halibut for the calculation of the observer fee under the North Pacific Groundfish and Halibut Observer Program (Observer Program). This notice is intended to provide information to vessel owners, processors, registered buyers, and other participants about the standard ex-vessel prices that will be used to calculate the observer fee liability for landings of groundfish and halibut made in 2016. NMFS will send invoices to processors and registered buyers subject to the fee by January 15, 2017. Fees are due to NMFS on or before February 15, 2017.

    DATES:

    Effective January 1, 2016.

    FOR FURTHER INFORMATION CONTACT:

    For general questions about the observer fee and standard ex-vessel prices, contact Sally Bibb at 907-586-7389. For questions about the fee billing process, contact Kristie Balovich at 907-586-7419. Additional information about the Observer Program is available on NMFS Alaska Region's Web site at http://alaskafisheries.noaa.gov/sustainablefisheries/observers/.

    SUPPLEMENTARY INFORMATION: Background

    The Observer Program deploys NMFS-certified observers (observers) who collect information necessary for the conservation and management of the Bering Sea and Aleutian Islands (BSAI) and Gulf of Alaska (GOA) groundfish and halibut fisheries. Fishery managers use information collected by observers to monitor quotas, manage groundfish and prohibited species catch, and document and reduce fishery interactions with protected resources. Scientists use observer-collected information for stock assessments and marine ecosystem research.

    The Observer Program is divided into two observer coverage categories—the partial observer coverage category and the full observer coverage category. All groundfish and halibut vessels and processors are included in one of these two categories. The partial observer coverage category includes vessels and processors that are not required to have an observer at all times; the full observer coverage category includes vessels and processors required to have all of their fishing and processing operations off Alaska observed. Vessels and processors in the full coverage category arrange and pay for observer services from a permitted observer provider. Observer coverage for the partial coverage category is funded through a system of fees based on the ex-vessel value of groundfish and halibut.

    Landings Subject to Observer Coverage Fee

    The objective of the observer fee assessment is to levy a fee on all landings accruing against a Federal total allowable catch (TAC) for groundfish or a commercial halibut quota made by vessels that are subject to Federal regulations and not included in the full coverage category. A fee is only assessed on landings of groundfish from vessels designated on a Federal Fisheries Permit or from vessels landing individual fishing quota (IFQ) or community development quota (CDQ) halibut or IFQ sablefish. Within the subset of vessels subject to the observer fee, only landings accruing against the Federal TAC are included in the fee assessment. A table with additional information about which landings are and are not subject to the observer fee is in NMFS regulations at § 679.55(c) and is on page 2 of an informational bulletin titled “Observer Fee Collection” on the NMFS Alaska Region Web site at https://alaskafisheries.noaa.gov/sustainablefisheries/observers/observerfees.pdf.

    Fee Determination

    A fee equal to 1.25 percent of the ex-vessel value is assessed on the landings of groundfish and halibut subject to the fee. Ex-vessel value is determined by multiplying the standard price for groundfish by the round weight equivalent for each species, gear, and port combination, and the standard price for halibut by the headed and gutted weight equivalent. NMFS will assess each landing report submitted via eLandings and each manual landing entered into the IFQ landing database and determine if the landing is subject to the observer fee and, if it is, which groundfish in the landing are subject to the observer fee. All IFQ or CDQ halibut in a landing subject to the observer fee will be assessed as part of the fee liability. For any groundfish or halibut subject to the observer fee, NMFS will apply the appropriate standard ex-vessel prices for the species, gear type, and port, and calculate the observer fee liability associated with the landing.

    Processors and registered buyers access the landing-specific, observer fee liability information through NMFS Web Application (https://alaskafisheries.noaa.gov/webapps/efish/login) or eLandings (https://elandings.alaska.gov/). For IFQ halibut, CDQ halibut, and IFQ sablefish, this information is available as soon as the IFQ report is submitted. For groundfish and sablefish that accrue against the fixed gear sablefish CDQ reserve, the observer fee liability information is generally available within 24 hours of receipt of the report. The time lag on the groundfish and sablefish CDQ fee information is necessary because NMFS must process the landings report through the catch accounting system computer programs to determine if all of the groundfish in the landings are subject to the observer fee. Information about which groundfish in a landing accrues against a Federal TAC is not immediately available from the processor's data entry into eLandings.

    The intent of the North Pacific Fishery Management Council and NMFS is for vessel owners to split the fee liability 50/50 with the processor or registered buyer. While vessels and processors are responsible for their portion of the fee, the owner of a shoreside processor or a stationary floating processor and the registered buyer are responsible for collecting the fee, including the vessel's portion of the fee, and remitting the full fee liability to NMFS.

    NMFS will send invoices to processors and registered buyers for their total fee liability, which is determined by the sum of the fees reported for each landing for that processor or registered buyer for the prior calendar year, by January 15, 2017. Processors and registered buyers must pay the fees to NMFS using NMFS Web Application by February 15, 2017. Processors and registered buyers have access to this system through a User ID and password issued by NMFS. Instructions for electronic payment will be provided on the NMFS Alaska Region Web site at https://alaskafisheries.noaa.gov and on the observer fee liability invoice to be mailed to each permit holder.

    Standard Prices

    This notice provides the standard ex-vessel prices for groundfish and halibut species subject to the observer fee in 2016. Data sources for ex-vessel prices are:

    • For groundfish other than sablefish IFQ and sablefish accruing against the fixed gear sablefish CDQ reserve, the State of Alaska's Commercial Fishery Entry Commission's (CFEC) gross revenue data, which are based on the Commercial Operator Annual Report (COAR) and Alaska Department of Fish and Game (ADF&G) fish tickets; and

    • For halibut IFQ, halibut CDQ, sablefish IFQ, and sablefish accruing against the fixed gear sablefish CDQ reserve, the IFQ Buyer Report that is submitted annually to NMFS under § 679.5(l)(7)(i).

    The standard prices in this notice were calculated using applicable guidance for protecting confidentiality of data submitted to or collected by NMFS. NMFS does not publish any price information that would permit the identification of an individual or business. At least four different vessels must make landings of a species with a particular gear type at a particular port in order for NMFS to publish that price data for that species-gear-port combination. Similarly, at least three different processors in a particular port must purchase a species harvested with a particular gear type in order for NMFS to publish a price for that species-gear-port combination. Price data that is confidential because fewer than four vessels or three processors contributed data to a particular species-gear-port combination has been aggregated to protect confidential data.

    Groundfish Standard Ex-Vessel Prices

    Table 1 shows the groundfish species standard ex-vessel prices for 2016. These prices are based on the CFEC gross revenue data, which are based on landings data from ADF&G fish tickets and information from the COAR. The COAR contains statewide buying and production information, and is considered the most complete routinely collected information to determine the ex-vessel value of groundfish harvested from waters off Alaska.

    The standard ex-vessel prices for groundfish were calculated by adding ex-vessel value from the CFEC gross revenue files for 2012, 2013, and 2014 by species, port, and gear category, and adding the volume (weight) the CFEC gross revenue files for 2012, 2013, and 2014 by species, port, and gear category, and then dividing total ex-vessel value over the 3-year period in each category by total volume over the 3-year period in each category. This calculation results in an average ex-vessel price per pound by species, port, and gear category for the 3-year period. Three gear categories were used for the standard ex-vessel prices: (1) Non-trawl gear, including hook-and-line, pot, jig, troll, and others (Non-Trawl); (2) non-pelagic trawl gear (NPT); and (3) pelagic trawl gear (PTR).

    CFEC ex-vessel value data are available in the fall of the year following the year the fishing occurred. Thus, it is not possible to base ex-vessel fee liabilities on standard prices that are less than 2 years old.

    If a particular groundfish species is not listed in Table 1, the standard ex-vessel price for a species group, if it exists in the management area, will be used. If price data for a particular species remained confidential once aggregated to the ALL level, data is aggregated by species group (BSAI Skate; Flathead Sole; GOA Deep-water Flatfish; GOA Shallow-water Flatfish; GOA Skate, Other; and Other Rockfish). Standard prices for the groundfish species groups are shown in Table 2.

    If a port-level price does not meet the confidentiality requirements, the data are aggregated by port group. Port-group data for Southeast Alaska (SEAK) and the Eastern GOA excluding Southeast Alaska (EGOAxSE) also are presented separately when price data are available. Port-group data is then aggregated by regulatory area in the GOA (Eastern GOA, Central GOA, and Western GOA) and by subarea in the BSAI (BS subarea and AI subarea). If confidentiality requirements are still not met by aggregating prices across ports at these levels, the prices are aggregated at the level of BSAI or GOA, then statewide (AK) and ports outside of Alaska (OTAK), and finally all ports, including those outside of Alaska (“ALL”).

    Standard prices are presented separately for non-pelagic trawl and pelagic trawl when non-confidential data is available. NMFS also calculated prices for a “Pelagic Trawl/Non-pelagic Trawl Combined” category that can be used when combining trawl price data for landings of a species in a particular port or port group will not violate confidentiality requirements. Creating this standard price category allows NMFS to assess a fee on 2016 landings of some of the species with pelagic trawl gear based on a combined trawl gear price for the port or port group.

    If no standard ex-vessel price is listed for a species or species group and gear category combination in Table 1, Table 2, or Table 3, no fee will be assessed on that landing. Volume and value data for that species will be added to the standard ex-vessel prices in future years, if that data becomes available and display of a standard ex-vessel price meets confidentiality requirements.

    Table 1—Standard Ex-Vessel Prices for Groundfish Species for 2016 Observer Coverage Fee Liability [Based on volume and value from 2012, 2013, and 2014] Species 1 2 Port/area 3 4 Non-trawl
  • ($)
  • NPT
  • ($)
  • PTR
  • ($)
  • PTR/NPT
  • ($)
  • Alaska Plaice Flounder (133) Kodiak 0.09 0.09 CGOA 0.09 0.09 GOA 0.09 0.09 AK 0.09 0.09 ALL 0.09 0.09 Arrowtooth Flounder (121) Kodiak 0.06 0.06 CGOA 0.06 0.06 GOA 0.06 0.06 AK 0.45 0.06 0.06 ALL 0.45 0.06 0.06 Black Rockfish (142) AK 0.48 0.19 0.18 Bocaccio Rockfish (137) SEAK 0.43 EGOA 0.43 GOA 0.43 AK 0.43 ALL 0.43 Butter Sole (126) Kodiak 0.16 0.16 CGOA 0.16 0.16 GOA 0.16 0.16 AK 0.16 0.16 ALL 0.16 0.16 Canary Rockfish (146) Sitka 0.56 SEAK 0.51 EGOA 0.51 CGOA 0.42 GOA 0.50 AK 0.50 ALL 0.50 China Rockfish (149) SEAK 0.55 Cordova 0.37 EGOAxSE 0.37 Homer 0.53 CGOA 0.67 GOA 0.45 AK 0.45 ALL 0.45 Copper Rockfish (138) Sitka 0.58 SEAK 0.56 Cordova 0.29 EGOAxSE 0.29 Homer 0.38 CGOA 0.40 GOA 0.41 AK 0.41 ALL 0.41 Dover Sole (124) Kodiak 0.10 0.10 CGOA 0.10 0.10 GOA 0.10 0.10 AK 0.10 0.10 ALL 0.10 0.10 Dusky Rockfish (172) Sitka 0.50 SEAK 0.49 EGOAxSE 0.29 Homer 0.39 Kodiak 0.30 0.20 0.20 Seward 0.46 CGOA 0.31 0.20 0.20 GOA 0.35 0.20 0.22 AK 0.35 0.20 0.22 ALL 0.35 0.20 0.22 English Sole (128) Kodiak 0.16 0.16 CGOA 0.16 0.16 GOA 0.16 0.16 AK 0.16 0.16 ALL 0.16 0.16 Flathead Sole (122) Kodiak 0.16 0.16 CGOA 0.16 0.16 GOA 0.16 0.10 AK 0.16 0.09 ALL 0.16 0.09 Northern Rockfish (136) Kodiak 0.14 0.20 0.19 CGOA 0.17 0.20 0.19 GOA 0.17 0.20 0.19 AK 0.24 0.20 0.19 ALL 0.24 0.20 0.19 Octopus (870) Homer 0.77 Kodiak 0.56 0.58 0.52 CGOA 0.57 0.58 0.52 WGOA 0.41 GOA 0.52 0.58 0.52 DH/Unalaska 0.31 BS 0.30 BSAI 0.30 AK 0.51 0.58 0.52 ALL 0.51 0.58 0.52 Pacific Cod (110) Hoonah 0.55 Juneau 0.60 Ketchikan 0.31 Petersburg 0.14 Sitka 0.43 SEAK 0.57 Cordova 0.36 EGOAxSE 0.35 Homer 0.35 Kodiak 0.33 0.29 0.27 Seward 0.34 CGOA 0.34 0.29 0.27 WGOA 0.28 GOA 0.28 0.19 Adak 0.30 AI 0.30 DH/Unalaska 0.31 0.29 0.29 BS 0.31 0.28 0.28 BSAI 0.28 0.28 Stationary Floating Processor 0.30 0.27 AK 0.31 0.28 0.18 ALL 0.31 0.28 0.18 Pacific Ocean Perch (141) Kodiak 0.21 0.23 CGOA 0.21 0.23 GOA 0.21 0.25 AK 0.33 0.21 0.25 ALL 0.33 0.21 0.25 Pollock (270) Homer 0.34 Kodiak 0.13 0.16 0.16 Seward 0.09 CGOA 0.14 0.16 0.16 GOA 0.14 0.16 0.16 DH/Unalaska 0.11 0.16 0.16 BS 0.10 0.15 0.15 BSAI 0.10 0.15 0.15 Stationary Floating Processor 0.16 AK 0.14 0.16 0.16 ALL 0.14 0.16 0.16 Quillback Rockfish (147) Ketchikan 0.46 Sitka 0.82 SEAK 0.83 Cordova 0.27 EGOAxSE 0.28 Homer 0.39 Seward 0.39 CGOA 0.39 GOA 0.59 AK 0.59 ALL 0.59 Redbanded Rockfish (153) Ketchikan 0.32 Sitka 0.52 SEAK 0.37 EGOAxSE 0.31 Homer 0.34 Kodiak 0.23 0.18 0.18 Seward 0.40 CGOA 0.33 0.18 0.18 GOA 0.36 0.18 0.18 AK 0.36 0.18 0.18 ALL 0.36 0.18 0.18 Redstripe Rockfish (158) EGOA 0.46 CGOA 0.31 GOA 0.35 AK 0.35 ALL 0.35 Rex Sole (125) Kodiak 0.31 0.31 CGOA 0.31 0.31 GOA 0.31 0.31 AK 0.31 0.31 ALL 0.31 0.31 Rock Sole (123) Kodiak 0.25 0.25 CGOA 0.25 0.25 GOA 0.25 0.25 AK 0.25 0.25 ALL 0.25 0.25 Rosethorn Rockfish (150) SEAK 0.45 EGOA 0.45 GOA 0.44 AK 0.44 ALL 0.44 Rougheye Rockfish (151) Ketchikan 0.32 Petersburg 0.27 Sitka 0.52 SEAK 0.41 Cordova 0.25 EGOAxSE 0.28 Homer 0.34 Kodiak 0.31 0.23 0.23 Seward 0.40 CGOA 0.35 0.23 0.22 GOA 0.36 0.25 0.22 DH/Unalaska 0.14 BS 0.14 BSAI 0.16 AK 0.36 0.25 0.22 ALL 0.36 0.25 0.22 Sablefish (blackcod) (710) Kodiak 5 n/a 2.74 2.73 CGOA 5 n/a 2.74 2.71 GOA 5 n/a 2.75 2.71 AK 5 n/a 2.75 2.71 ALL 5 n/a 2.75 2.71 Shortraker Rockfish (152) Ketchikan 0.31 Sitka 0.54 SEAK 0.39 Cordova 0.37 EGOAxSE 0.50 Homer 0.35 Kodiak 0.30 0.23 0.24 Seward 0.40 CGOA 0.39 0.23 0.22 GOA 0.40 0.29 0.22 DH/Unalaska 0.38 BS 0.34 BSAI 0.34 AK 0.40 0.29 0.22 ALL 0.40 0.29 0.22 Silvergray Rockfish (157) Ketchikan 0.36 Sitka 0.55 SEAK 0.44 EGOAxSE 0.28 Homer 0.44 Seward 0.42 CGOA 0.41 GOA 0.43 0.29 AK 0.43 0.29 ALL 0.43 0.29 Skate, Alaska (703) EGOA 0.40 GOA 0.41 AK 0.41 ALL 0.41 Skate, Aleutian (704) AK 0.43 ALL 0.43 Skate, Big (702) EGOAxSE 0.43 EGOA 0.42 Kodiak 0.45 0.45 0.45 Seward 0.40 CGOA 0.44 0.45 0.45 GOA 0.44 0.45 0.45 AK 0.44 0.45 0.45 ALL 0.44 0.45 0.45 Skate, Longnose (701) Petersburg 0.40 SEAK 0.40 EGOAxSE 0.41 Homer 0.36 Kodiak 0.45 0.44 0.44 Seward 0.41 CGOA 0.44 0.44 0.44 GOA 0.43 0.44 0.44 AK 0.43 0.44 0.44 ALL 0.43 0.44 0.44 Skate, Other (700) Kodiak 0.44 CGOA 0.47 GOA 0.44 Stationary Floating Processor 0.35 AK 0.37 ALL 0.37 Squid (875) Kodiak 0.06 0.06 CGOA 0.08 0.08 GOA 0.08 0.08 AK 0.03 0.07 ALL 0.03 0.07 Starry Flounder (129) Kodiak 0.08 0.08 CGOA 0.08 0.08 GOA 0.08 0.08 AK 0.08 0.08 ALL 0.08 0.08 Thornyhead Rockfish (Idiots) (143) Ketchikan 1.18 Petersburg 1.00 SEAK 1.09 Cordova 0.53 EGOAxSE 0.82 Homer 0.79 Kodiak 0.64 0.67 0.70 Seward 0.84 CGOA 0.77 0.67 0.70 WGOA 0.72 GOA 0.67 0.70 AI 0.44 DH/Unalaska 0.75 BS 0.73 AK 0.85 0.67 0.70 ALL 0.85 0.67 0.70 Tiger Rockfish (148) SEAK 0.45 Cordova 0.25 EGOAxSE 0.28 Homer 0.35 Seward 0.39 CGOA 0.38 GOA 0.40 AK 0.40 ALL 0.40 Widow Rockfish (156) Sitka 0.46 SEAK 0.46 EGOA 0.46 GOA 0.47 AK 0.47 ALL 0.47 Yelloweye Rockfish (145) Craig 1.44 Hoonah 0.54 Ketchikan 1.48 Petersburg 1.15 Sitka 1.78 SEAK 1.61 Cordova 0.98 Whittier 0.86 EGOAxSE 0.95 Homer 0.79 Kodiak 0.42 0.25 0.25 Seward 0.67 CGOA 0.65 0.25 0.25 GOA 1.40 0.25 0.25 DH/Unalaska 0.35 BS 0.23 BSAI 0.23 AK 1.40 0.25 0.25 ALL 1.40 0.25 0.25 Yellowtail Rockfish (155) Sitka 0.55 SEAK 0.55 EGOA 0.54 CGOA 0.24 GOA 0.32 AK 0.32 ALL 0.32 — = no landings in last 3 years or the data is confidential 1 If species is not listed, use price for the species group in Table 2 if it exists in the management area. If no price is available for the species or species group in Table 1, Table 2, or Table 3, no fee will be assessed on that landing. That species will come into standard ex-vessel prices in future years. 2 For species codes, see Table 2a to 50 CFR part 679. 3 Regulatory areas are defined at § 679.2. (AI = Aleutian Islands subarea; AK = Alaska; ALL = all ports including those outside Alaska; BS = Bering Sea subarea; BSAI = Bering Sea/Aleutian Islands; CGOA = Central Gulf of Alaska; EGOA = Eastern Gulf of Alaska; EGOAxSE = Eastern Gulf of Alaska except Southeast Alaska; GOA = Gulf of Alaska; SEAK = Southeast Alaska; WGOA = Western Gulf of Alaska) 4 If a price is listed for the species, port, and gear type combination, that price will be applied to the round weight equivalent for groundfish landings. If no price is listed for the port and gear type combination, use port group and gear type, or see Table 2 or Table 3. 5 n/a = ex-vessel prices for sablefish landed with hook-and-line, pot, or jig gear are listed in Table 3 with the prices for IFQ and CDQ landings.
    Table 2—Standard Ex-Vessel Prices for Groundfish Species Groups for 2016 Observer Coverage Fee Liability [Based on volume and value from 2012, 2013, and 2014] Species group 1 Port/area 2 3 Non-trawl
  • ($)
  • NPT
  • ($)
  • PTR
  • ($)
  • PTR/NPT
  • ($)
  • BSAI Skate (USKT) AK 0.43 Flathead Sole (FSOL) Kodiak 0.16 0.16 CGOA 0.16 0.16 GOA 0.16 0.10 AK 0.16 0.09 GOA Deep-water Flatfish 4 (DFL4) Kodiak 0.10 0.10 CGOA 0.10 0.10 GOA 0.10 0.10 GOA Shallow-water Flatfish 5 (SFL1) Kodiak 0.23 0.23 CGOA 0.23 0.23 GOA 0.23 0.23 GOA Skate, Other (USKT) EGOA 0.40 Kodiak 0.45 CGOA 0.47 GOA 0.42 Other Rockfish 6 7 (ROCK) Ketchikan 0.32 Sitka 0.59 SEAK 0.48 Cordova 0.79 Whittier 0.79 EGOAxSE 0.80 Homer 0.76 Kodiak 0.39 0.21 0.21 Seward 0.57 CGOA 0.58 0.21 0.28 GOA 0.60 0.21 0.29 AI 0.44 DH/Unalaska 0.75 BS 0.72 AK 0.21 0.29 — = no landings in last 3 years or the data is confidential 1 If groundfish species is not listed in Table 1, use price for the species group if it exists in the management area. If no price is available for the species or species group in Table 1, Table 2, or Table 3, no fee will be assessed on that landing. That species will come into standard ex-vessel prices in future years. 2 Regulatory areas are defined at § 679.2. (AI = Aleutian Islands subarea; AK = Alaska; BS = Bering Sea subarea; CGOA = Central Gulf of Alaska; EGOA = Eastern Gulf of Alaska; EGOAxSE = Eastern Gulf of Alaska except Southeast Alaska; GOA = Gulf of Alaska; SEAK = Southeast Alaska) 3 If a price is listed for the species, port, and gear type combination, that price will be applied to the round weight equivalent for groundfish landings. If no price is listed for the port and gear type combination, use port group and gear type combination. 4 “Deep-water flatfish” in the GOA means Dover sole, Greenland turbot, Kamchatka flounder, and deepsea sole. 5 “Shallow-water flatfish” in the GOA means flatfish not including “deep-water flatfish,” flathead sole, rex sole, or arrowtooth flounder. 6 In the GOA: “Other rockfish (slope rockfish)” means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergray), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion), S. reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). “Demersal shelf rockfish” means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye). “Other rockfish” in the Western and Central Regulatory Areas means “other rockfish (slope rockfish)” and demersal shelf rockfish. “Other rockfish” in the West Yakutat District of the EGOA means “other rockfish (slope rockfish),” northern rockfish (S. polyspinis), and demersal shelf rockfish. “Other rockfish” in the SEO District of the GOA (and SEAK for Table 2) means “other rockfish (slope rockfish) and northern rockfish (S. polyspinis). 7 “Other rockfish” in the BSAI includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish.
    Table 3—Standard Ex-Vessel Prices for Halibut IFQ, halibut CDQ, Sablefish IFQ, and Sablefish Accruing Against the Fixed Gear Sablefish CDQ Reserve for the 2016 Observer Fee Liability [Based on 2015 IFQ Buyer Report] Species Port/Area 1 Price 2
  • ($)
  • Halibut (200) Ketchikan $6.59 Petersburg 6.60 SEAK 6.61 Cordova 6.65 Yakutat 6.47 EGOAxSE 6.53 Homer 6.74 Kenai 7.09 Kodiak 6.45 CGOA 6.58 WGOA 5.44 BS 5.87 BSAI 5.81 AK 6.42 ALL 6.42 Sablefish (710) Ketchikan 3.95 SEAK 4.06 EGOAxSE 3.63 Homer 3.54 Kodiak 3.76 CGOA 3.74 WGOA 3.28 BS 4.68 BSAI 4.52 AK 3.85 ALL 3.85 1 Regulatory areas are defined at § 679.2. (AK = Alaska; ALL = all ports including those outside Alaska; BS = Bering Sea subarea; CGOA = Central Gulf of Alaska; EGOAxSE = Eastern Gulf of Alaska except Southeast Alaska; SEAK = Southeast Alaska; WGOA = Western Gulf of Alaska) 2 If a price is listed for the species and port combination, that price will be applied to the round weight equivalent for sablefish landings and the headed and gutted weight equivalent for halibut landings. If no price is listed for the port, use port group.
    Halibut and Sablefish IFQ and CDQ Standard Ex-Vessel Prices

    Table 3 shows the observer fee standard ex-vessel prices for halibut and sablefish. These standard prices are calculated as a single annual average price, by port or port group. Volume and ex-vessel value data collected on the 2015 IFQ Buyer Report for landings made from October 1, 2014, through September 30, 2015, were used to calculate the standard ex-vessel prices for the 2016 observer fee liability for halibut IFQ, halibut CDQ, sablefish IFQ, and sablefish landings that accrue against the fixed gear sablefish CDQ reserve.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: December 10, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-31520 Filed 12-14-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE353 Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits AGENCY:

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

    ACTION:

    Notice; request for comments.

    SUMMARY:

    The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that the Exempted Fishing Permit that would facilitate the harvest of Atlantic herring research set-aside quota warrants further consideration. The Exempted Fishing Permit would authorize federally permitted Atlantic herring vessels to harvest Atlantic Herring research set-aside quota without possession limit after the possession limit in herring management areas has been reduced to 2,000 lb (907.2 kg) for commercial herring vessels. It would also allow vessels to harvest Atlantic herring research set-aside quota during Area 1A and 1B seasonal closures. Vessels working with researchers for approved projects will need the Exempted Fishing Permits to harvest herring that will generate funds to pay for the research.

    Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on proposed EFPs.

    DATES:

    Comments must be received on or before December 30, 2015.

    ADDRESSES:

    You may submit written comments by any of the following methods:

    Email: [email protected] Include in the subject line “Comments on 2016/2018 Atlantic Herring RSA EFP.”

    Mail: John K. Bullard, Regional Administrator, NMFS, NE Regional Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope “Comments on 2016/2018 Atlantic Herring RSA EFP.”

    Fax: (978) 281-9135.

    FOR FURTHER INFORMATION CONTACT:

    Daniel Luers, Fishery Management Specialist, (978) 282-8457, [email protected]

    SUPPLEMENTARY INFORMATION:

    The subject Exempted Fishing Permit (EFP) would facilitate herring research set-aside (RSA) compensation fishing in support of project(s) funded under the 2016-2018 herring RSA competition. Proposals are currently under review. One project would examine river herring portside sampling and an avoidance program while the other would investigate mixing of the Gulf of Maine-Georges Bank Atlantic herring resource with the Scotian shelf Atlantic herring resource using genetic analysis techniques. Consistent with previous herring RSA compensation fishing EFPs, vessels would be authorized to harvest herring RSA quota after a herring management area quota has been caught and the fishery is limited to a 2,000 lb (907.2 kg) herring possession limit per trip, as well as allow vessels to harvest RSA quota during the seasonal closures in Management Areas 1A and 1B from January through May and January through April, respectively. Grant recipients will be required to meet all EFP application requirements prior to the issuance of the subject EFPs.

    If approved, the applicants may request minor modifications and extensions to the EFP throughout the year. EFP modifications and extensions may be granted without further notice if they are deemed essential to facilitate completion of the proposed research and have minimal impacts that do not change the scope or impact of the initially approved EFP request. Any fishing activity conducted outside the scope of the exempted fishing activity would be prohibited.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: December 10, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2015-31519 Filed 12-14-15; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Alaska Region Bering Sea and Aleutian Islands (BSAI) Crab Economic Data Reports (EDR) 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 16, 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 NMFS Alaska Region, Patsy A. Bearden, (907) 586-7008 or [email protected].

    SUPPLEMENTARY INFORMATION: I. Abstract

    The Crab Rationalization (CR) Program is a limited-access system that allocates crab managed under the Fisheries Management Plan (FMP) among harvesters, processors, and coastal communities. The CR Program currently includes a comprehensive economic data collection program requiring participants to complete annual Economic Data Reports (EDRs). These EDRs are intended to aid the North Pacific Fisheries Management Council and NMFS in assessing the success of the CR Program and developing amendments to the FMP to mitigate any unintended consequences of the CR Program.

    Pacific States Marine Fisheries Commission (PSMFC) is the Data Collection Agent for the CR Program. The CR Crab EDR program collects annually reported cost, revenue, ownership, and employment data from harvest and processing sector participants in the CR fisheries. This information is necessary to monitor and assess the economic effects of the CR program and support rigorous economic analysis to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act.

    Participation in the CR Crab EDR program is mandatory under Federal fisheries regulations 50 CFR part 680.6 for all active vessel and processing sector participants in the CR Program fisheries.

    II. Method of Collection

    Information may be submitted online, by fax, and by mail.

    III. Data

    OMB Control Number: 0648-0518.

    Form Number(s): None.

    Type of Review: Regular submission (extension of a currently approved information collection).

    Affected Public: Business or other for-profit organizations; not-for-profit organizations.

    Estimated Number of Respondents: 101.

    Estimated Time per Response: 10 hr for full Catcher Vessel Crab EDR; 2 hours for certification only Catcher Vessel Crab EDR; 10 hr for full Catcher/processor Crab EDR; 2 hours for certification only Catcher/processor Crab EDR; 10 hr for full Processor Crab EDR; 2 hours for certification only Processor Crab EDR; and 8 hours for Verification of Data.

    Estimated Total Annual Burden Hours: 1,848.

    Estimated Total Annual Cost to Public: $101,746.

    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 10, 2015. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2015-31501 Filed 12-14-15; 8:45 am] BILLING CODE 3510-22-P
    COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities: Notice of Intent To Renew Collection 3038-0031, Procurement Contracts AGENCY:

    Commodity Futures Trading Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commodity Futures Trading Commission (“Commission”) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (“PRA”), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for comment in response to the notice. This notice solicits comments on the extension of requirements relating to information collected to assist the Commission in soliciting and awarding contracts, OMB Control No. 3038-0031 (Procurement Contracts).

    DATES:

    Comments must be submitted on or before February 16, 2016.

    ADDRESSES:

    You may submit comments, identified by “Procurement Contracts,” and Collection Number 3038-0031, by any of the following methods:

    • The Agency's Web site, at http://comments.cftc.gov/. Follow the instructions for submitting comments through the Web site.

    Mail: Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581.

    Hand Delivery/Courier: Same as Mail above.

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

    Please submit your comments using only one method.

    All comments must be submitted in English, or if not, accompanied by an English translation. Comments will be posted as received to http://www.cftc.gov.

    FOR FURTHER INFORMATION CONTACT:

    Sonda Owens, Financial Management Branch, Commodity Futures Trading Commission, 1155 21st Street NW., Washington, DC 20581; phone: (202) 418-5182; fax: (202) 418-5414; email: [email protected].

    SUPPLEMENTARY INFORMATION:

    Under the PRA, 44 U.S.C. 3501 et seq., Federal agencies must obtain approval from the Office of Management and Budget (“OMB”) for each collection of information they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA, 44 U.S.C. 3506(c)(2)(A), requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, the Commission is publishing notice of the proposed collection of information listed below.

    Title: Procurement Contracts (OMB Control No. 3038-0031). This is a request for an extension of a currently approved information collection.

    Abstract: The information collected under this request is gathered through the use of forms specific to a contract or contracting action. The standard forms are prescribed for use for non-personal services, construction, award of contracts and solicitations as by agencies in connection with the procurement of supplies, purchase and delivery orders, specified in the Federal Acquisition Regulations (48 CFR 1-53). The information provided on the forms is specific and generally does not require additional information or questions. 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.

    With respect to the following collection of information, the Commission invites comments on:

    • Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have a practical use;

    • The accuracy of the Commission's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    • Ways to enhance the quality of, usefulness, and clarity of the information to be collected; and

    • Ways to minimize the burden of collection of information on those who are to respond, including through the use of appropriate electronic, mechanical, or other technological collection techniques or other forms of information technology; e.g., permitting electronic submission of responses.

    You should submit only information that you wish to make available publicly. If you wish the Commission to consider information that you believe is exempt from disclosure under the Freedom of Information Act, a petition for confidential treatment of the exempt information may be submitted according to the procedures established in § 145.9 of the Commission's regulations.1

    1 17 CFR 145.9.

    The Commission reserves the right, but shall have no obligation, to review, pre-screen, filter, redact, refuse or remove any or all of your submission from http://www.cftc.gov that it may deem to be inappropriate for publication, such as obscene language. All submissions that have been redacted or removed that contain comments on the merits of the information collection request will be retained in the public comment file and will be considered as required under the Administrative Procedure Act and other applicable laws, and may be accessible under the Freedom of Information Act.

    Burden Statement: The Commission is revising its estimate of the burden for this collection to reflect changed circumstances below.

    The information collection consists of procurement activities relating to solicitations, amendments to solicitations, requests for quotations, construction contracts, awards of contracts, performance bonds, and payment information for individuals (vendors) or contractors engaged in providing supplies or services.

    The Commission estimates the burden of this collection of information as follows:

    Estimated Annual Reporting Burden Annual number of respondents Frequency of response Total annual responses Hours per
  • response
  • Total hours
    63 Annually 637 2 1274

    There are no capital costs or operating and maintenance costs associated with this collection.

    (Authority: 44 U.S.C. 3501 et seq.) Dated: December 10, 2015. Robert N. Sidman, Deputy Secretary of the Commission.
    [FR Doc. 2015-31509 Filed 12-14-15; 8:45 am] BILLING CODE 6351-01-P
    DEPARTMENT OF EDUCATION [Docket No. ED-2015-ICCD-0114] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; The Secretary of the Department of Education's Recognition of Accrediting Agencies, and the Comparability of Medical and Veterinary Medical Programs AGENCY:

    Office of Postsecondary Education (OPE), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501 et seq.), ED is proposing a revision of an existing information collection.

    DATES:

    Interested persons are invited to submit comments on or before January 14, 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-0114. 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 Herman Bounds, 202-219-7039.

    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: The Secretary of the Department of Education's Recognition of Accrediting Agencies, and the Comparability of Medical and Veterinary Medical Programs.

    OMB Control Number: 1840-0788.

    Type of Review: A revision of an existing information collection.

    Respondents/Affected Public: Private Sector.

    Total Estimated Number of Annual Responses: 127.

    Total Estimated Number of Annual Burden Hours: 828.

    Abstract: In compliance with Title 34 CFR part 602.10 and 603.24 (for state agencies approval of vocational education and nurse education), the information collected consists of petitions, reports, and accreditation notifications. The information collected is required to determine if accrediting agencies or foreign medical and foreign veterinary medical programs comply and are comparable to the Secretary of Education's criteria for recognition outlined in 34 CFR 600.55 and CFR 600.56. The information is used to allow the Secretary to make determinations on new, extension and/or continuing recognition or comparability status. Only postsecondary institutions and countries deemed to be using comparable standards obtain Title IV funding for its students.

    Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2015-31484 Filed 12-14-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION Funding Additional Awards; Research Networks Focused on Critical Problems of Education Policy and Practice Program AGENCY:

    Institute of Education Sciences, Department of Education.

    ACTION:

    Notice.

    SUMMARY:

    The Deputy Director for Policy and Research, delegated the duties of the Director, of the Institute of Education Sciences (Institute) announces the Institute's intent to fund three additional grant awards under the Research Networks Focused on Critical Problems of Education Policy and Practice Program, specifically under the Supporting Early Learning from Preschool Through Early Elementary School Grades topic. The Institute takes this action because of the number of high-quality applications received and the fact that funding is available in fiscal year (FY) 2016 to support these additional grant awards. The Institute expects to use an estimated $1.8 million for the three additional awards in FY 2016.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Allen Ruby. Telephone: (202) 219-1591 or by email: [email protected].

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

    SUPPLEMENTARY INFORMATION:

    On April 15, 2015, the Institute published a notice inviting applications in the Federal Register (80 FR 20203) for new awards in FY 2016 under the Research Networks Focused on Critical Problems of Education Policy and Practice Program. The notice indicated that the Institute would award a maximum of four grants under the Supporting Early Learning from Preschool Through Early Elementary School Grades topic but also that this number may be increased through a notice in the Federal Register.

    In response to that notice and the accompanying Request for Applications (RFA), the Institute received seven high-quality applications for grants under the Supporting Early Learning from Preschool Through Early Elementary School Grades topic. All seven applications received high scores by peer reviewers. Because sufficient funds are available, the Institute intends to fund all seven applications.

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

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

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Catalog of Federal Domestic Assistance (CFDA) Number: 84.305N.

    Delegation of Authority: The Secretary of Education has delegated authority to Ruth Neild, Deputy Director for Policy and Research, to perform the functions and duties of the Director for the Institute of Education Sciences.

    Program Authority:

    20 U.S.C. 9501 et seq.

    Dated: December 10, 2015. Ruth Neild, Deputy Director for Policy and Research.
    [FR Doc. 2015-31517 Filed 12-14-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2015-ICCD-0139] Agency Information Collection Activities; Comment Request; National Assessment of Educational Progress (NAEP) 2017-2019 AGENCY:

    National Center for Education Statistics (NCES), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501 et seq.), ED is proposing a new information collection.

    DATES:

    Interested persons are invited to submit comments on or before February 16, 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-0139. 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 Kashka Kubdzela via email at [email protected].

    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: National Assessment of Educational Progress (NAEP) 2017-2019.

    OMB Control Number: 1850-NEW (previously 1850-0790).

    Type of Review: A new information collection.

    Respondents/Affected Public: Individuals.

    Total Estimated Number of Annual Responses: 816,263.

    Total Estimated Number of Annual Burden Hours: 397,894.

    Abstract: This information collection is a revision to information collection 1850-0790; however, the Department is requesting a new OMB control number in place of the old number.

    The National Assessment of Educational Progress (NAEP), conducted by the National Center for Education Statistics (NCES), is a federally authorized survey of student achievement at grades 4, 8, and 12 in various subject areas, such as mathematics, reading, writing, science, U.S. history, civics, geography, economics, technology and engineering literacy (TEL), and the arts. The National Assessment of Educational Progress Authorization Act (Public Law 107-279 Title III, section 303) requires the assessment to collect data on specified student groups and characteristics, including information organized by race/ethnicity, gender, socio-economic status, disability, and limited English proficiency. It requires fair and accurate presentation of achievement data and permits the collection of background, noncognitive, or descriptive information that is related to academic achievement and aids in fair reporting of results. The intent of the law is to provide representative sample data on student achievement for the nation, the states, and subpopulations of students and to monitor progress over time. The nature of NAEP is that burden alternates from a relatively low burden in national-level administration years to a substantial burden increase in state-level administration years when the sample has to allow for estimates for individual states and some of the large urban districts. This submission requests OMB's approval for main NAEP assessments in 2017, 2018, and 2019, including operational, pilot, and special studies. The NAEP results will be reported to the public through the Nation's Report Card as well as other online NAEP tools.

    Dated: December 10, 2015. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2015-31521 Filed 12-14-15; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Commission 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 New York Independent System Operator, Inc.

    The New York Independent System Operator, Inc. Electric System Planning Working Group Meeting (CARIS Forum) December 17, 2015, 2 p.m.-3:30 p.m. (EST)

    The above-referenced meeting will be via web conference and teleconference.

    The above-referenced meeting is open to stakeholders.

    Further information may be found at: http://www.nyiso.com/public/markets_operations/services/planning/index.jsp

    The discussions at the meeting described above may address matters at issue in the following proceedings:

    New York Independent System Operator, Inc., Docket No. ER13-102. ISO New England Inc., et al., Docket Nos. ER13-1957, et al. ISO New England Inc., Docket Nos. ER13-193 and ER13-196. New York Independent System Operator, Inc., Docket No. ER15-2059. New York Independent System Operator, Inc., Docket No. ER16-120. New York Transco, LLC, Docket No. ER15-572.

    For more information, contact James Eason, Office of Energy Market Regulation, Federal Energy Regulatory Commission at (202) 502-8622 or [email protected]

    Dated: December 9, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-31475 Filed 12-14-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR16-8-000] Powder River Crude Services, LLC; Powder River Express, LLC; Notice of Petiton for Declaratory Order

    Take notice that on December 9, 2015, pursuant to Rule 207(a)(2) of the Commission's Rules of Practice and Procedure, 18 CFR 385.207(a)(2)(2015), Powder River Crude Services, LLC and Powder River Express, LLC filed a petition requesting a declaratory order approving the overall tariff and rate structure, open season procedures, prorationing provisions, and other terms of service associated with a new crude oil pipeline in the Powder River Basin of Wyoming. The pipeline is intended to connect crude oil production areas with downstream markets, including rail and other pipeline interconnections, as more fully explained in the petition.

    Any person desiring to intervene or to protest in this proceeding must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioner.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected] call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern time on December 31, 2015.

    Dated: December 9, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-31478 Filed 12-14-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP15-520-000] Tennessee Gas Pipeline Company, L.L.C; Notice of Schedule for Environmental Review of the Triad Expansion Project

    On June 19, 2015, Tennessee Gas Pipeline Company, L.L.C. (Tennessee) filed an application in Docket No. CP15-520-000 requesting authorization pursuant to Section 7(c) of the Natural Gas Act to construct and operate certain natural gas pipeline facilities. The proposed project is known as the Triad Expansion Project (Project), and would deliver an additional 180,000 dekatherms per day of natural gas to meet the needs of a new natural gas-fired power plant to be constructed in Lackawanna County, Pennsylvania.

    On July 6, 2015, the Federal Energy Regulatory Commission (Commission or FERC) issued its Notice of Application for the Project. Among other things, that notice alerted agencies issuing federal authorizations of the requirement to complete all necessary reviews and to reach a final decision on a request for a federal authorization within 90 days of the date of issuance of the Commission staff's Environmental Assessment (EA) for the Project. This instant notice identifies the FERC staff's planned schedule for the completion of the EA for the Project.

    Schedule for Environmental Review Issuance of EA  April 6, 2016 90-day Federal Authorization Decision Deadline    July 5, 2016

    If a schedule change becomes necessary, additional notice will be provided so that the relevant agencies are kept informed of the Project's progress.

    Project Description

    Tennessee would construct about 7.0 miles of new 36-inch-diameter looping 1 pipeline adjacent to its existing 300 Line system in Susquehanna County, Pennsylvania; a new internal pipeline inspection (pig) 2 launcher, crossover, and connecting facilities at the beginning of the proposed pipeline loop; and a new pig receiver, a new odorant facility, and ancillary piping at the existing Compressor Station 321 in Susquehanna County, Pennsylvania.

    1 A pipeline loop is a segment of pipe constructed parallel to an existing pipeline to increase capacity.

    2 A “pig” is a tool that the pipeline company inserts into and pushes through the pipeline for cleaning the pipeline, conducting internal inspections, or other purposes.

    Background

    On August 5, 2015, the Commission issued a Notice of Intent to Prepare an Environmental Assessment for the Proposed Triad Expansion Project and Request for Comments on Environmental Issues (NOI). The NOI was sent to affected landowners; federal, state, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; other interested parties; and local libraries and newspapers. In response to the NOI, the Commission received comments from the United States Army Corps of Engineers; Pennsylvania Department of Conservation and Natural Resources; the Stockbridge-Munsee Tribal Historic Preservation Office; the Allegheny Defense Project; and one individual. The primary issues raised during scoping relate to impacts on soils, wetlands, waterbodies, vegetation, and wildlife; recreation and impacts on cultural resources; reliability and safety concerns; and review of project alternatives.

    Additional Information

    In order to receive notification of the issuance of the EA and to keep track of all formal issuances and submittals in specific dockets, the Commission offers a free service called eSubscription. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Additional information about the Project is available from the Commission's

    Office of External Affairs at (866) 208-FERC or on the FERC Web site (www.ferc.gov). Using the “eLibrary” link, select “General Search” from the eLibrary menu, enter the selected date range and “Docket Number” excluding the last three digits (i.e., CP15-520), and follow the instructions. For assistance with access to eLibrary, the helpline can be reached at (866) 208-3676, TTY (202) 502-8659, or at [email protected] The eLibrary link on the FERC Web site also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rule makings.

    Dated: December 9, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-31467 Filed 12-14-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Conference Docket Nos. Public Service Company of Colorado ER15-237-004 ER15-326-001 ER16-178-000 ER16-180-000 Black Hills/Colorado Electric Utility Company LP ER15-295-003 ER15-348-003 ER16-212-000 ER16-217-000

    On Tuesday, December 15, 2015, Commission staff will meet with Public Service Company of Colorado (PSCo) in Washington, DC. The purpose of the meeting is to discuss matters related to the filings submitted by PSCo and Black Hills/Colorado Electric Utility Company LP in the above-captioned proceedings, including matters related to: (1) The cost-based rate cap for energy provided pursuant to the joint dispatch agreement; (2) Standards of Conduct issues; and (3) the proposed joint dispatch web portal. The meeting will begin at 10 a.m. at the Federal Energy Regulatory Commission headquarters building located at 888 First Street NE., Washington, DC, 20426. All interested parties are invited to observe the meeting in person or to listen to the meeting by telephone.1 For further information please contact Dennis Reardon at 202-502-6719.

    1 Attendees may register in advance at the following Web page: https://www.ferc.gov/whats-new/registration/12-15-15-form.asp. Advance registration is not required, but is encouraged.

    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) 208-1659 (TTY), or send a FAX to (202) 208-2106 with the required accommodations.

    Dated: December 9, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-31474 Filed 12-14-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Sunshine Act Meeting Notice

    The following notice of meeting is published pursuant to section 3(a) of the government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C. 552b:

    TIME AND DATE:

    December 17, 2015, 10 a.m.

    PLACE:

    Room 2C, 888 First Street NE., Washington, DC 20426.

    STATUS:

    Open.

    MATTERS TO BE CONSIDERED:

    Agenda.

    * NOTE—Items listed on the agenda may be deleted without further notice.

    CONTACT PERSON FOR MORE INFORMATION:

    Kimberly D. Bose, Secretary. Telephone (202) 502-8400.

    For a recorded message listing items struck from or added to the meeting, call (202) 502-8627.

    This is a list of matters to be considered by the Commission. It does not include a listing of all documents relevant to the items on the agenda. All public documents, however, may be viewed on line at the Commission's Web site at http://www.ferc.gov using the eLibrary link, or may be examined in the Commission's Public Reference Room.

    1022st—Meeting, Regular Meeting [December 17, 2015, 10 a.m.] Item No. Docket No. Company ADMINISTRATIVE A-1 AD16-1-000 Agency Administrative Matters. A-2 AD16-7-000 Customer Matters, Reliability, Security and Market Operations. ELECTRIC E-1 RM16-3-000 Ownership Information in Market-Based Rate Filings. E-2 OMITTED E-3 ER15-861-006 California Independent System Operator Corporation. E-4 ER15-1196-002 Nevada Power Company. E-5 EL15-102-000 DCR Transmission, LLC. E-6 EL14-22-000 California Independent System Operator Corporation. E-7 ER15-2377-000 Southwest Power Pool, Inc. EL14-27-000 E-8 ER15-2256-000 Midcontinent Independent System Operator, Inc. EL14-25-000 E-9 ER16-118-000 Midcontinent Independent System Operator, Inc. and ALLETE, Inc. E-10 ER15-548-001 Midcontinent Independent System Operator, Inc. E-11 ER12-2302-002 Midwest Independent Transmission System Operator, Inc. ER12-2302-003 E-12 ER12-2708-002 PJM Interconnection, LLC and Potomac-Appalachian Transmission Highline, L.L.C. ER09-1256-001 (consolidated) E-13 ER10-1350-001 Entergy Services, Inc. E-14 RC15-1-000 Southern California Edison Company. E-15 EL10-65-004 Louisiana Public Service Commission v. Entergy Corporation. Entergy Services, Inc. Entergy Louisiana, LLC. Entergy Arkansas, Inc. Entergy Mississippi, Inc. Entergy New Orleans, Inc. Entergy Gulf States Louisiana, L.L.C. Entergy Texas, Inc. E-16 EL15-94-000 Shell Energy North America (US), L.P. v. California Independent System Operator Corporation. GAS G-1 RM15-20-000 Five-Year Review of the Oil Pipeline Index. HYDRO H-1 P-349-173 Alabama Power Company. H-2 P-2210-252 Appalachian Power Company. CERTIFICATES C-1 CP14-119-000 Trunkline Gas Company, LLC. CP14-120-000 Lake Charles LNG Export Company, LLC and Lake Charles LNG Company, LLC. CP14-122-000 Lake Charles LNG Company, LLC. C-2 CP15-523-000 American Midstream (Midla), LLC. C-3 CP14-501-000 National Fuel Gas Supply Corporation. C-4 CP15-90-000 Texas Eastern Transmission, LP. C-5 CP15-132-000 Kern River Gas Transmission Company.

    A free webcast of this event is available through www.ferc.gov. Anyone with Internet access who desires to view this event can do so by navigating to www.ferc.gov's Calendar of Events and locating this event in the Calendar. The event will contain a link to its webcast. The Capitol Connection provides technical support for the free webcasts. It also offers access to this event via television in the DC area and via phone bridge for a fee. If you have any questions, visit www.CapitolConnection.org or contact Danelle Springer or David Reininger at 703-993-3100.

    Immediately following the conclusion of the Commission Meeting, a press briefing will be held in the Commission Meeting Room. Members of the public may view this briefing in the designated overflow room. This statement is intended to notify the public that the press briefings that follow Commission meetings may now be viewed remotely at Commission headquarters, but will not be telecast through the Capitol Connection service.

    Issued: December 10, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-31605 Filed 12-11-15; 4:15 pm] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP16-12-000] Tennessee Gas Pipeline Company, L.L.C.; Notice of Intent To Prepare an Environmental Assessment for the Proposed Southwest Louisiana Supply Project and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment (EA) that will discuss the environmental impacts of the Southwest Louisiana Supply Project (Project) involving construction and operation of facilities by Tennessee Gas Pipeline Company, L.L.C. (Tennessee) in Madison, Franklin, Richland, and Rapides Parishes, Louisiana. The Commission will use this EA in its decision-making process to determine whether the project is in the public convenience and necessity.

    This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies on the project. You can make a difference by providing us with your specific comments or concerns about the project. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. Your input will help the Commission staff determine what issues they need to evaluate in the EA. To ensure that your comments are timely and properly recorded, please send your comments so that the Commission receives them in Washington, DC on or before January 11, 2016.

    If you sent comments on this project to the Commission before the opening of this docket on October 26, 2015, you will need to file those comments in Docket No. CP16-12-000 to ensure they are considered as part of this proceeding.

    This notice is being sent to the Commission's current environmental mailing list for this project. State and local government representatives should notify their constituents of this proposed project and encourage them to comment on their areas of concern.

    If you are a landowner receiving this notice, a pipeline company representative may contact you about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The company would seek to negotiate a mutually acceptable agreement. However, if the Commission approves the project, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, the pipeline company could initiate condemnation proceedings where compensation would be determined in accordance with state law.

    Tennessee provided landowners with a fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” This fact sheet addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. It is also available for viewing on the FERC Web site (www.ferc.gov).

    Public Participation

    For your convenience, there are three methods you can use to submit your comments to the Commission. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or [email protected] Please carefully follow these instructions so that your comments are properly recorded.

    (1) You can file your comments electronically using the eComment feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. This is an easy method for submitting brief, text-only comments on a project;

    (2) You can file your comments electronically by using the eFiling feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” If you are filing a comment on a particular project, please select “Comment on a Filing” as the filing type; or

    (3) You can file a paper copy of your comments by mailing them to the following address. Be sure to reference the project docket number (CP16-12-000) with your submission: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

    Summary of the Proposed Project

    The purpose of the Southwest Louisiana Supply Project is to provide 295,000 dekatherms per day of firm natural gas capacity to Tennessee's 800 Line. The Southwest Louisiana Supply Project would consist of construction and modification of the following facilities:

    • Construction of a new 2.4-mile-long, 30-inch-diameter lateral pipeline to be known as the Delhi North Lateral and two new meter station interconnects to be known as the Midcontinent Express Pipeline Meter Station (MEP Meter Station) and the Gulf Crossing Pipeline Meter Station (Gulf Crossing Meter Station) in Madison Parish, Louisiana;

    • construction of a new 1.4-mile-long-30-inch-diameter lateral pipeline to be known as the Delhi South Latera, three new meter station interconnects to be known as the Enable Midstream Partners Meter Station (Enable Meter Station), the Gulf South Pipeline Meter Station (Gulf South Meter Station), and the Tiger Pipeline Meter Station (Tiger Meter Station) in Franklin and Richland Parishes, Louisiana;

    • construction of a new compressor station to be known as the Delhi Compressor Station 836A in Franklin, Parish, Louisiana; and

    • modifications at the Alexandria Compressor Station, including turbine replacement in Rapides Parish, Louisiana.

    The general location of the project facilities is shown in appendix 1.1

    1 The appendices referenced in this notice will not appear in the Federal Register. Copies of appendices were sent to all those receiving this notice in the mail and are available at www.ferc.gov using the link called “eLibrary” or from the Commission's Public Reference Room, 888 First Street NE., Washington, DC 20426, or call (202) 502-8371. For instructions on connecting to eLibrary, refer to the last page of this notice.

    Land Requirements for Construction

    Construction of the proposed facilities would disturb approximately 108.4 acres of land for the aboveground facilities and the pipeline. Following construction, Tennessee would maintain about 76.5 acres for permanent operation of the project's facilities; the remaining acreage would be restored and revert to former uses.

    The EA Process

    The National Environmental Policy Act (NEPA) requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us 2 to discover and address concerns the public may have about proposals. This process is referred to as “scoping.” The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this notice, the Commission requests public comments on the scope of the issues to address in the EA. We will consider all filed comments during the preparation of the EA.

    2 “We,” “us,” and “our” refer to the environmental staff of the Commission's Office of Energy Projects.

    In the EA we will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings:

    • Geology and soils;

    • land use;

    • water resources, fisheries, and wetlands;

    • cultural resources;

    • vegetation and wildlife;

    • air quality and noise;

    • endangered and threatened species;

    • public safety; and

    • cumulative impacts

    We will also evaluate reasonable alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas.

    The EA will present our independent analysis of the issues. The EA will be available in the public record through eLibrary. Depending on the comments received during the scoping process, we may also publish and distribute the EA to the public for an allotted comment period. We will consider all comments on the EA before making our recommendations to the Commission. To ensure we have the opportunity to consider and address your comments, please carefully follow the instructions in the Public Participation section, beginning on page 2.

    With this notice, we are asking agencies with jurisdiction by law and/or special expertise with respect to the environmental issues of this project to formally cooperate with us in the preparation of the EA.3 Agencies that would like to request cooperating agency status should follow the instructions for filing comments provided under the Public Participation section of this notice.

    3 The Council on Environmental Quality regulations addressing cooperating agency responsibilities are at Title 40, Code of Federal Regulations, Part 1501.6.

    Consultations Under Section 106 of the National Historic Preservation Act

    In accordance with the Advisory Council on Historic Preservation's implementing regulations for section 106 of the National Historic Preservation Act, we are using this notice to initiate consultation with the applicable State Historic Preservation Office (SHPO), and to solicit their views and those of other government agencies, interested Indian tribes, and the public on the project's potential effects on historic properties.4 We will define the project-specific Area of Potential Effects (APE) in consultation with the SHPO as the project develops. On natural gas facility projects, the APE at a minimum encompasses all areas subject to ground disturbance (examples include construction right-of-way, contractor/pipe storage yards, compressor stations, and access roads). Our EA for this project will document our findings on the impacts on historic properties and summarize the status of consultations under section 106.

    4 The Advisory Council on Historic Preservation's regulations are at Title 36, Code of Federal Regulations, Part 800. Those regulations define historic properties as any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places.

    Environmental Mailing List

    The environmental mailing list includes federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American Tribes; other interested parties; and local libraries and newspapers. This list also includes all affected landowners (as defined in the Commission's regulations) who are potential right-of-way grantors, whose property may be used temporarily for project purposes, or who own homes within certain distances of aboveground facilities, and anyone who submits comments on the project. We will update the environmental mailing list as the analysis proceeds to ensure that we send the information related to this environmental review to all individuals, organizations, and government entities interested in and/or potentially affected by the proposed project.

    If we publish and distribute the EA, copies of the EA will be sent to the environmental mailing list for public review and comment. If you would prefer to receive a paper copy of the document instead of the CD version or would like to remove your name from the mailing list, please return the attached Information Request (appendix 2).

    Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want to become an “intervenor” which is an official party to the Commission's proceeding. Intervenors play a more formal role in the process and are able to file briefs, appear at hearings, and be heard by the courts if they choose to appeal the Commission's final ruling. An intervenor formally participates in the proceeding by filing a request to intervene. Instructions for becoming an intervenor are in the “Document-less Intervention Guide” under the “e-filing” link on the Commission's Web site. Motions to intervene are more fully described at http://www.ferc.gov/resources/guides/how-to/intervene.asp.

    Additional Information

    Additional information about the project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC Web site at www.ferc.gov using the “eLibrary” link. Click on the eLibrary link, click on “General Search” and enter the docket number, excluding the last three digits in the Docket Number field (i.e., CP16-12-000). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

    In addition, the Commission offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Finally, public meetings or site visits will be posted on the Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: December 9, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-31473 Filed 12-14-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR16-7-000] Chicap Pipe Line Company; Notice Of Petiton For Declaratory Order

    Take notice that on December 8, 2015, pursuant to Rule 207(a)(2) of the Commission's Rules of Practice and Procedure, 18 CFR 385.207(a)(2)(2015), Chicap Pipe Line Company (Chicap) filed a petition requesting a declaratory order approving the overall tariff and rate structure, prorationing provisions, and other terms of service for the expansion of Chicap's existing Blue Island Lateral crude oil pipeline (Project). The Project is intended to increase flow rates and add new bi-directional capability between Blue Island, Illinois to Mokena, Illinois, as more fully explained in the petition.

    Any person desiring to intervene or to protest in this proceeding must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioner.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected] or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern time on January 8, 2016.

    Dated: December 9, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-31477 Filed 12-14-15; 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: ER10-2633-022; ER10-2570-022; ER10-2717-022; ER10-3140-021;ER13-55-012.

    Applicants: Birchwood Power Partners, L.P., Shady Hills Power Company, L.L.C., EFS Parlin Holdings, LLC, Inland Empire Energy Center, LLC, Homer City Generation, L.P.

    Description: Notice of Non-Material Change in Status of the GE Companies.

    Filed Date: 12/8/15.

    Accession Number: 20151208-5217.

    Comments Due: 5 p.m. ET 12/29/15.

    Docket Numbers: ER15-192-002.

    Applicants: Arizona Public Service Company.

    Description: Compliance filing: Service Agreement Nos. 338, 339, 349, 350, 351 and 352 to be effective 11/9/2015.

    Filed Date: 12/9/15.

    Accession Number: 20151209-5109.

    Comments Due: 5 p.m. ET 12/30/15.

    Docket Numbers: ER16-483-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: Bylaws Section 6.2 Revisions to Expand the Strategic Planning Committee to be effective 2/7/2016.

    Filed Date: 12/9/15.

    Accession Number: 20151209-5031.

    Comments Due: 5 p.m. ET 12/30/15.

    Docket Numbers: ER16-484-000.

    Applicants: CenterPoint Energy Houston Electric, LLC.

    Description: § 205(d) Rate Filing: TFO Tariff Interim Rate Revision to Conform with PUCT-Approved ERCOT Rate to be effective 11/23/2015.

    Filed Date: 12/9/15.

    Accession Number: 20151209-5041.

    Comments Due: 5 p.m. ET 12/30/15.

    Docket Numbers: ER16-485-000.

    Applicants: Golden Hills Interconnection, LLC.

    Description: Baseline eTariff Filing: Golden Hills Interconnection SFA with Golden Hills, and Golden Hills North to be effective 12/10/2015.

    Filed Date: 12/9/15.

    Accession Number: 20151209-5072.

    Comments Due: 5 p.m. ET 12/30/15.

    Docket Numbers: ER16-486-000.

    Applicants: Credit Suisse Energy, LLC.

    Description: Tariff Cancellation: Notice of Cancellation of Market-Based Rate Tariff to be effective 12/31/2015.

    Filed Date: 12/9/15.

    Accession Number: 20151209-5101.

    Comments Due: 5 p.m. ET 12/30/15.

    Docket Numbers: ER16-487-000.

    Applicants: Pacific Gas and Electric Company.

    Description: § 205(d) Rate Filing: Transmission Access Charge Balancing Account Adjustment (TACBAA) 2016 to be effective 3/1/2016.

    Filed Date: 12/9/15.

    Accession Number: 20151209-5105.

    Comments Due: 5 p.m. ET 12/30/15.

    Docket Numbers: ER16-488-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Revise PJM-MISO JOA section 9.4 re: Interregional Market Eff. Project Criteria to be effective 2/8/2016.

    Filed Date: 12/9/15.

    Accession Number: 20151209-5107.

    Comments Due: 5 p.m. ET 12/30/15.

    Docket Numbers: ER16-489-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: SA No. 4311, First Revised SA No. 4218 and Cancellation of SA No. 4180 to be effective 11/9/2015.

    Filed Date: 12/9/15.

    Accession Number: 20151209-5110.

    Comments Due: 5 p.m. ET 12/30/15.

    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 9, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-31466 Filed 12-14-15; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR16-5-000] Buckeye Pipe Line Transportation, LLC; Notice of Petition for Declaratory Order

    Take notice that on November 24, 2015, pursuant to Rule 207(a)(2) of the Commission's Rules of Practice and Procedure, 18 CFR 385.207(a)(2)(2015), Buckeye Pipe Line Transportation, LLC filed a petition requesting a declaratory order approving the overall tariff and rate structure, prorationing provisions, and other terms of service for a new interstate common carrier pipeline (Project). The Project is expected to transport refined petroleum products from Michigan and Ohio, to destination points in Ohio and Pennsylvania and will obtain the additional capacity through the use of underutilized leased capacity, construction of new pipelines and tanks, upgrades to existing pipeline manifolds, replacement of certain mainline pumps, and a reconfiguration of existing pipeline, as more fully explained in the petition.

    Any person desiring to intervene or to protest in this proceeding must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioner.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected] or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern time on December 24, 2015.

    Dated: December 9, 2015. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2015-31476 Filed 12-14-15; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9940-04-OA] Notification of Two Teleconferences and a Face-to-Face Meeting of the Science Advisory Board Economy-Wide Modeling Panel AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA or Agency) Science Advisory Board (SAB) Staff Office announces two public teleconferences of the SAB Economy-Wide Modeling Panel. The SAB Staff Office also announces a public face-to-face meeting of the SAB Economy-Wide Modeling Panel.

    DATES:

    The public teleconferences will be held on March 10, 2016 from 3 p.m. to 6 p.m. (Eastern Time) and May 19, 2016 from 1 p.m.-4 p.m. (Eastern Time). The public face-to-face meeting will be held on July 19-20, 2016 from 9 a.m. to 5 p.m. each day (Eastern Time).

    ADDRESSES:

    The teleconferences will be held by telephone only. The face-to-face meeting will take place at George Washington University, Milken Institute School of Public Health, Convening Center A and B, 950 New Hampshire Avenue NW., Washington, DC 20052. The public can view the July 19-20, 2016 face-to-face meeting via a non-interactive, live webcast that will be broadcast on the internet. The connection information to view the webcast will be provided on the meeting Web page at the time of the meeting. The meeting Web page may be found by going to http://epa.gov/sab and clicking on the calendar then the meeting date.

    FOR FURTHER INFORMATION CONTACT:

    Any member of the public wishing further information regarding the public teleconferences or public meeting may contact Dr. Holly Stallworth, Designated Federal Officer (DFO), SAB Staff Office, by telephone/voice mail at (202) 564-2073 or via email at [email protected] General information concerning the EPA Science Advisory Board can be found at the EPA SAB Web site at http://epa.gov/sab.

    SUPPLEMENTARY INFORMATION:

    Background: The SAB was established pursuant to the Environmental Research, Development, and Demonstration Authorization Act (ERDAA) codified at 42 U.S.C. 4365, to provide independent scientific and technical peer review, advice, consultation, and recommendations to the EPA Administrator on the technical basis for EPA actions. As a Federal Advisory Committee, the SAB conducts business in accordance with the Federal Advisory Committee Act (FACA) (5 U.S.C. App. 2) and related regulations. Pursuant to FACA and EPA policy, notice is hereby given that the SAB Economy-Wide Modeling Panel will hold two public teleconferences to discuss its draft responses to charge questions from EPA's National Center for Environmental Economics and the Office of Air and Radiation on the role of economy-wide modeling in generating estimates of social costs and benefits for air regulations at EPA. After holding teleconferences on March 10, 2016 (3 p.m.-6 p.m.) and May 19, 2016 (1 p.m.-4 p.m.) to discuss its draft responses to charge questions on social costs and benefits, the SAB Economy-Wide Modeling Panel will hold a face-to-face meeting on July 19-20, 2016 to deliberate on charge questions on analyzing economic impacts and comparing estimates of social costs, benefits, and economic impacts using economy-wide modeling. Some meeting time at the July 19-20, 2016 meeting may also be devoted to discussion of draft responses to EPA's charge questions on social costs and benefits. The EPA-authored white papers on economic impacts analysis and the comparison of estimates of social costs, benefits and impacts using economy-wide modeling will be provided to the Panel and the public prior to the July 19-20, 2016 face-to-face meeting. The SAB will comply with the provisions of FACA and all appropriate SAB Staff Office procedural policies. Background information on the SAB Economy-Wide Modeling Panel can be found at http://yosemite.epa.gov/sab/sabproduct.nsf/fedrgstr_activites/Economywide%20modeling?OpenDocument.

    Availability of the meeting materials: Agendas, EPA's forthcoming white papers and other meeting materials will be posted on the SAB Web site prior to the teleconferences and face-to-face meeting. To find these materials, go to http://epa.gov/sab and click on the calendar and then the respective meeting dates. For questions concerning EPA's review materials on economy-wide modeling, please contact Dr. Ann Wolverton, EPA National Center for Environmental Economics at [email protected] or 202-566-2278.

    Procedures for Providing Public Input: Public comment for consideration by EPA's federal advisory committees and panels has a different purpose from public comment provided to EPA program offices. Therefore, the process for submitting comments to a federal advisory committee is different from the process used to submit comments to an EPA program office. Federal advisory committees and panels, including scientific advisory committees, provide independent advice to the EPA. Members of the public can submit relevant comments on the topic of this advisory activity, including the charge to the Panel and the EPA review documents, and/or the group conducting the activity, for the SAB to consider during the advisory process. Input from the public to the SAB will have the most impact if it consists of comments that provide specific scientific or technical information or analysis for the SAB panel to consider or if it relates to the clarity or accuracy of the technical information.

    Oral Statements: In general, individuals or groups requesting an oral presentation at the will be limited to five minutes per speaker for the face-to-face meeting and three minutes per speaker for the teleconference. Interested parties should contact Dr. Holly Stallworth, DFO, in writing (preferably via email), at the contact information noted above, one week (7 days) prior to the teleconference or face-to-face meeting to be placed on the list of public speakers for that teleconference or meeting.

    Written Statements: Written statements should be received in the SAB Staff Office one week (7 days) prior to each meeting or teleconference. Written statements should be supplied to the DFO, preferably in electronic format via email. It is the SAB Staff Office general policy to post written comments on the Web page for the advisory meeting or teleconference. Submitters are requested to provide an unsigned version of each document because the SAB Staff Office does not publish documents with signatures on its Web sites. Members of the public should be aware that their personal contact information, if included in any written comments, may be posted to the SAB Web site. Copyrighted material will not be posted without explicit permission of the copyright holder.

    Accessibility: For information on access or services for individuals with disabilities, please contact Dr. Stallworth at the phone number or email address noted above, preferably at least ten days prior to the meeting, to give EPA as much time as possible to process your request.

    Dated: December 3, 2015. Thomas H. Brennan, Deputy Director, EPA Science Advisory Board Staff Office.
    [FR Doc. 2015-31465 Filed 12-14-15; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2015-0505; FRL 9939-67] Certain New Chemicals; Receipt and Status Information for October 2015 AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA is required under the Toxic Substances Control Act (TSCA) to publish in the Federal Register a notice of receipt of a premanufacture notice (PMN); an application for a test marketing exemption (TME), both pending and/or expired; and a periodic status report on any new chemicals under EPA review and the receipt of notices of commencement (NOC) to manufacture those chemicals. This document covers the period from October 1, 2015 to October 30, 2015.

    DATES:

    Comments identified by the specific case number provided in this document, must be received on or before January 14, 2016.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPPT-2015-0505, and the specific PMN number or TME number for the chemical related to your comment, by one of the following methods:

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

    Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

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

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

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Jim Rahai, IMD (7407M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-8593; email address: [email protected].

    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: [email protected].

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

    This action is directed to the public in general. As such, the Agency has not attempted to describe the specific entities that this action may apply to. Although others may be affected, this action applies directly to the submitters of the actions addressed in this document.

    B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 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 preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    II. What action is the agency taking?

    This document provides receipt and status reports, which cover the period from October 1, 2015 to October 30, 2015, and consists of the PMNs and TMEs both pending and/or expired, and the NOCs to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.

    III. What is the agency's authority for taking this action?

    Under TSCA, 15 U.S.C. 2601 et seq., EPA classifies a chemical substance as either an “existing” chemical or a “new” chemical. Any chemical substance that is not on EPA's TSCA Inventory is classified as a “new chemical,” while those that are on the TSCA Inventory are classified as an “existing chemical.” For more information about the TSCA Inventory go to: http://www.epa.gov/opptintr/newchems/pubs/inventory.htm.

    Anyone who plans to manufacture or import a new chemical substance for a non-exempt commercial purpose is required by TSCA section 5 to provide EPA with a PMN, before initiating the activity. Section 5(h)(1) of TSCA authorizes EPA to allow persons, upon application, to manufacture (includes import) or process a new chemical substance, or a chemical substance subject to a significant new use rule (SNUR) issued under TSCA section 5(a), for “test marketing” purposes, which is referred to as a test marketing exemption, or TME. For more information about the requirements applicable to a new chemical go to: http://www.epa.gov/oppt/newchems.

    Under TSCA sections 5(d)(2) and 5(d)(3), EPA is required to publish in the Federal Register a notice of receipt of a PMN or an application for a TME and to publish in the Federal Register periodic reports on the status of new chemicals under review and the receipt of NOCs to manufacture those chemicals.

    IV. Receipt and Status Reports

    As used in each of the tables in this unit, (S) indicates that the information in the table is the specific information provided by the submitter, and (G) indicates that the information in the table is generic information because the specific information provided by the submitter was claimed as CBI.

    For the 47 PMNs received by EPA during this period, Table 1 provides the following information (to the extent that such information is not claimed as CBI): The EPA case number assigned to the PMN; the date the PMN was received by EPA; the projected end date for EPA's review of the PMN; the submitting manufacturer/importer; the potential uses identified by the manufacturer/importer in the PMN; and the chemical identity.

    Table 1—PMNs Received From October 1, 2015 to October 30, 2015 Case No. Date received Projected end date for EPA review Manufacturer/
  • importer
  • Use(s) Chemical identity
    P-15-0769 10/30/2015 1/28/2016 LUNA, Inc (S) Binder for protective coating (G) Polyurethane silane. P-16-0001 10/1/2015 12/30/2015 CBI (G) Catalyst production of industrial intermediates (G) Hydrolytic enzymes. P-16-0002 10/1/2015 12/30/2015 Allnex USA, Inc (G) Adhesion promoting reactive binder (G) Substituted carbomonocycle, polymer with alkanediol, substituted-alkanediol, substituted heteropolycycle and heteropolycycle. P-16-0003 10/1/2015 12/30/2015 CBI (G) Catalyst (G) Metal glycolate complex. P-16-0004 10/1/2015 12/30/2015 CBI (G) Catalyst (G) Metal glycolate complex. P-16-0005 10/3/2015 1/1/2016 CBI (G) Pigment formulation additive (G) Alkyldioic acid, polymer with alkylamine, alkyldiol and 1,3-isobenzofurandione, reaction products with fatty acid. P-16-0006 10/6/2015 1/4/2016 CBI (G) Additive used in inks (G) Alkyl alkenoic acid, polymer with cycloalkyl alkyl alkenoate, substituted alkyl alkenoate, alkyl alkyl alkenoate and substituted alkyl alkenoate. P-16-0007 10/6/2015 1/4/2016 Huntsman International, LLC (S) Foam stabilizer and rheology modifier in dishwashing and carwashing detergents (S) Fatty acids, grape seed-oil, esters with polyethylene glycol ether with glycerol (3:1). P-16-0008 10/6/2015 1/4/2016 Huntsman International, LLC (S) Foam stabilizer and rheology modifier in dishwashing and carwashing detergents (S) Fatty acids, grape seed-oil, esters with polyethylene glycol ether with glycerol (3:1). P-16-0009 10/6/2015 1/4/2016 Huntsman International, LLC (S) Foam stabilizer and rheology modifier in dishwashing and carwashing detergents (S) Fatty acids, castor-oil, esters with polyethylene glycol ether with glycerol (3:1). P-16-0010 10/6/2015 1/4/2016 Huntsman International, LLC (S) Foam stabilizer and rheology modifier in dishwashing and carwashing detergents (S) Fatty acids, sunflower-oil, esters with polyethylene glycol ether with glycerol (3:1). P-16-0011 10/6/2015 1/4/2016 Huntsman International, LLC (S) Foam stabilizer and rheology modifier in dishwashing and carwashing detergents (S) Fatty acids, hemp seed-oil, esters with polyethylene glycol ether with glycerol (3:1). P-16-0012 10/6/2015 1/4/2016 Huntsman International, LLC (S) Foam stabilizer and rheology modifier in dishwashing and carwashing detergents (S) Fatty acids, canola-oil, esters with polyethylene glycol ether with glycerol (3:1). P-16-0014 10/7/2015 1/5/2016 CBI (G) Ink additive (G) Metalloid, tris[dialkylphenyl]-dialkyl-dioxoalkane-carbopolycyclicdisulfonate. P-16-0017 10/8/2015 1/6/2016 Alcoa, Inc (S) Blast suppressor for nitrogen based fertilizers (G) Mixed metals layered double hydroxide. P-16-0018 10/9/2015 1/7/2016 CBI (G) Binders for fibrous materials (G) Polyethyleneglycol modified polyacrylate, compd. with alcohol amine. P-16-0019 10/9/2015 1/7/2016 CBI (G) Binders for fibrous materials (G) Polyethyleneglycol modified polyacrylate, compd. with alcohol amine. P-16-0020 10/9/2015 1/7/2016 CBI (G) Binders for fibrous materials (G) Polyethyleneglycol modified polyacrylate, compd. with alcohol amine. P-16-0021 10/9/2015 1/7/2016 CBI (G) Component of soil improvement product (G) Polycarbomonocyclic carboxylic acid polyol, polymer with alkenoate and alkenoic acid. P-16-0022 10/15/2015 1/13/2016 CBI (S) Reagent for production of metal salts (carboxylates, for paint and ink dries, UPR promoters, lube/grease additives, fuel additives polymerization catalysts, specialty petrochemicals catalysts, etc (S) C10-C20 neo fatty acids. P-16-0023 10/13/2015 1/11/2016 CBI (S) Intermediate for epoxy curing agent (G) 2-Propenenitrile, reaction products with polyalkylenepolyamine, hydrogenated. P-16-0024 10/13/2015 1/11/2016 CBI (G) Precursor for use in the electronics industry (G) Silanediamine, N,N,N′,N′-tetraalkyl-. P-16-0025 10/13/2015 1/11/2016 BASF CORPORATION (G) Resin for use in electrocoats (G) Amine functional epoxy. P-16-0026 10/13/2015 1/11/2016 BASF CORPORATION (G) Resin for use in electrocoats (G) Amine functional epoxy, organic acid salt. P-16-0027 10/13/2015 1/11/2016 BASF Corporation (G) Resin for use in electrocoats (G) Amine functional epoxy, organic acid salt. P-16-0028 10/13/2015 1/11/2016 BASF Corporation (G) Resin for use in electrocoats (G) Amine functional epoxy, organic acid salt. P-16-0029 10/14/2015 1/12/2016 CBI (G) Lubricant additive (G) 2,5-Furandione, polymer with ethene and 1-propene, amine ether imide. P-16-0030 10/14/2015 1/12/2016 HENKEL Corporation (G) A curing agent in anaerobic adhesive and sealant formulations (S) 1,2-cyclohexanedicarboxylic acid, 1-(2-phenylhydrazide). P-16-0031 10/15/2015 1/13/2016 CBI (G) The polymeric material will be produced and sold to customers in pellet form, customer will then compound the polymer and impregnate it with various diffusible species (G) Oxirane, alkyl hydroxypoly(oxy-1,2-ethanediyl), alkyl bis[4-isocyanatocyclohexane] and oxirane. P-16-0034 10/16/2015 1/14/2016 CARDOLITE Corporation (G) Cashew nutshell liquid based, 100% solids epoxy hardener for water borne epoxy coating formulations (G) Cashew nutshell liquid polymer with epichlorhydrin, formaldehyde, phenol, amines and glycol. P-16-0035 10/16/2015 1/14/2016 CARDOLITE Corporation (G) Cashew nutshell liquid based 100% solids epoxy hardener for higher solids epoxy coating formulation (G) Cashew nutshell liquid polymer with amine and formaldehyde. P-16-0036 10/16/2015 1/14/2016 CBI (G) Reactant used in polymer synthesis (G) Substituted heteropolycycle. P-16-0038 10/19/2015 1/17/2016 Shin Etsu silicones of America (G) The composition Incuding the new chemical substance hardens by heating (G) Fluorined organopolysiloxane. P-16-0039 10/20/2015 1/18/2016 CBI (G) Acrylic pressure sensitive adhesive (G) Alkyl acrylate-alkyl acrylamide copolymer. P-16-0040 10/27/2015 1/25/2016 CBI (G) Polymer (G) Tar acids fraction. P-16-0041 10/21/2015 1/19/2016 CBI (G) Additive, open, non-dispersive use (G) Alkohol alkoxylate. P-16-0042 10/21/2015 1/19/2016 CBI (G) Additive, open, non-dispersive use (G) Polyammonium salt of a fatty acid. P-16-0043 10/22/2015 1/20/2016 Akzo Nobel Surface Chemistry, LLC (S) Polymeric corrosion inhibitor downhole oil field (S) Amines, tallow alkyl, ethoxylated, polymers with adipic acid. P-16-0044 10/30/2015 1/28/2016 CBI (G) Industrial coating (G) Isocyanate functional urethane prepolymer. P-16-0045 10/23/2015 1/21/2016 CBI (G) Fertilizer component (G) Sugar alcohol salt. P-16-0046 10/28/2015 1/26/2016 CBI (G) Use in laser marking additives for polyolefines (G) Aromatic derivative, polymer with alkyl diol, alkene and oxiranylalkyl-alkyl-alkyl ester. P-16-0047 10/27/2015 1/25/2016 CBI (S) Modifier in composites (G) Aromatic polyimide. P-16-0047 10/27/2015 1/25/2016 CBI (S) Parts and shapes process by sintering (G) Aromatic polyimide. P-16-0047 10/27/2015 1/25/2016 CBI (S) Parts and shapes (compounds) (G) Aromatic polyimide. P-16-0047 10/27/2015 1/25/2016 CBI (S) Filler in thermoplastic or grease (G) Aromatic polyimide. P-16-0048 10/27/2015 1/25/2016 CBI (S) Extrusion of tubing systems (G) Polyamide 6T/612 polymer of aliphatic/aromatic dicarboxylic acid and alkane diamine. P-16-0048 10/27/2015 1/25/2016 CBI (S) Injection molding of special applications (G) Polyamide 6T/612 polymer of aliphatic/aromatic dicarboxylic acid and alkane diamine.

    For the 38 NOCs received by EPA during this period, Table 2 provides the following information (to the extent that such information is not claimed as CBI): The EPA case number assigned to the NOC; the date the NOC was received by EPA; the projected date of commencement provided by the submitter in the NOC; and the chemical identity.

    Table 2—NOCs Received From October 1, 2015 to October 30, 2015 Case No. Date received Projected date of commencement Chemical identity P-08-0029 10/13/2015 9/15/2015 (G) Alkylated phenols. P-11-0178 10/5/2015 9/18/2015 (S) Hexane, 1,6-diisocyanato-, homopolymer, di-Et malonate- and 3,5-dimethyl-1H-pyrazole- blocked. P-12-0450 10/1/2015 9/14/2015 (G) Partially fluorinated alcohol, reaction products with phosphorus oxide (P2O5), amine salts. P-13-0781 10/1/2015 9/29/2015 (S) Benzene, (4-bromobutoxy)-. P-14-0284 10/29/2015 10/3/2015 (G) Magenta dye. P-14-0333 10/13/2015 10/5/2015 (S) 2-Propenoic acid, heptadecyl ester, branched. P-14-0483 10/4/2015 9/29/2015 (G) Carbomonocyclic dicarboxylic acid, polymer with diisocyanatoalkane, alkyldiol, alkyldiol, alkanedioic acid, alkanediol, alkenoic acid and 1,3 isobenzofurandione, compd, with aminoalcohol. P-14-0523 10/9/2015 9/15/2015 (G) Copolymers of perfluorinated and alkyl methacrylates. P-14-0552 10/28/2015 10/16/2015 (S) Poly(oxy-1,4-butanediyl), .alpha.-hydro-.omega..-hydroxy-, polymer with .alpha.-hydro-.omega.-hydroxypoly(oxy-1,2-ethanediyl) and 1,1'-methylenebis[4-isocyanatocyclohexane]. P-15-0054 10/28/2015 9/30/2015 (G) Carbon nanotubes powder. P-15-0056 10/20/2015 9/30/2015 (S) Furan, 5-(hexyloxy)tetrahydro-2,2-dimethyl-. P-15-0076 10/22/2015 10/6/2015 (G) Polyamic acid. P-15-0077 10/22/2015 10/6/2015 (G) Polyamic acid. P-15-0078 10/22/2015 10/6/2015 (G) Polyamid acid. P-15-0254 10/22/2015 10/6/2015 (G) Amic acid. P-15-0255 10/22/2015 10/6/2015 (G) Polyamic acid. P-15-0256 10/22/2015 10/6/2015 (G) Polyamic acid. P-15-0257 10/22/2015 10/6/2015 (G) Polyamic acid. P-15-0258 10/22/2015 10/6/2015 (G) Polyamic acid. P-15-0260 10/22/2015 10/6/2015 (G) Polyamic acid. P-15-0261 10/22/2015 10/6/2015 (G) Polyamid acid. P-15-0262 10/22/2015 10/6/2015 (G) Polyamic acid. P-15-0346 10/8/2015 10/2/2015 (G) Polyurethane adduct. P-15-0393 10/16/2015 9/21/2015 (G) Alkanedioic acid, polymer with alkanediol .alpha.-hydro-.omega.-hydroxypoly[oxy(alkyl)] and alkyl aromatic diisocyanate. P-15-0492 10/13/2015 9/15/2015 (G) Polymethylsiloxane, distillation residues. P-15-0507 10/6/2015 10/6/2015 (S) Borate(1-), tetrahydro-, sodium (1:1), reaction products with reduced polymd. oxidized tetrafluoroethylene, hydrolyzed, diallyl ethers, polymers with 2,4,6,8-tetramethylcyclotetrasiloxane, si-(8,13-dioxo-4,7,12-trioxa-9-azapentadec-14-1-yl) derivs. P-15-0522 10/20/2015 10/15/2015 (G) Metal, phthalocyaninato(2-)-, halogenated. P-15-0523 10/27/2015 9/30/2015 (G) Carbohydrates, polymer with amine compound. P-15-0532 10/16/2015 10/2/2015 (G) Substituted alkenoic acid, alkyl ester, polymer with substituted alkenoate and alkenoic acid, alkyl peroxide-initiated. P-15-0533 10/16/2015 10/2/2015 (G) Substituted heteropolycycle, polymer with substituted alkyldiols, and substituted heteropolycycle, substituted alkanoate. P-15-0543 10/1/2015 9/18/2015 (G) Phosphoric acid, mixed salt. P-15-0559 10/20/2015 10/3/2015 (G) Polymeric diphenylmethane diisocyanate prepolymer. P-15-0566 10/26/2015 9/29/2015 (G) Alkanedioic acid, polymer with substituted carbomonocycles, alkyl substituted alkanediol, substituted alkanoic acid, and substituted alkanediamine, substituted alkanamine-blocked, compds. with alkylamine. P-15-0588 10/27/2015 10/23/2015 (G) Alkenoic acid, polymer with substituted heteromonocycle, substituted carbomonocycle, 2-alkyl-2-hydroxyalkyl-1,3-alkanediol 1-alkylalkenyl carbomonocycle, alkali metal salt. P-15-0589 10/27/2015 10/23/2015 (S) 2-Propenoic acid, polymer with 2-(chloromethyl)oxirane, ethenylbenzene, 2-ethyl-2-(hydroxymethyl)-1,3-propanediol and (1-methylethenyl)benzene, potassium sodium salt. P-15-0598 10/21/2015 10/20/2015 (G) Substituted alkanoic acid, polymer with substituted polypropylene, substituted carbomonocyle, dialkyl carbonate, alkanediol and substituted carbopolycycle, compd. with dialkylamino alkanol. P-15-0599 10/26/2015 10/23/2015 (G) Hetero substituted alkyl acrylate polymer. P-15-0600 10/30/2015 10/13/2015 (G) Poly(hydroxyalkanoate). Authority:

    15 U.S.C. 2601 et seq.

    Dated: December 9, 2015. Megan J. Carroll, Acting, Information Management Division, Office of Pollution Prevention and Toxics.
    [FR Doc. 2015-31522 Filed 12-14-15; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice to All Interested Parties of the Termination of the Receivership of 10326, Legacy Bank, Scottsdale, Arizona

    Notice is hereby given that the Federal Deposit Insurance Corporation (“FDIC”) as Receiver for Legacy Bank, Scottsdale, Arizona (“the Receiver”) intends to terminate its receivership for said institution. The FDIC was appointed receiver of Legacy Bank on January 7, 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 10, 2015. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2015-31482 Filed 12-14-15; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Agency Information Collection Activities: Proposed Collection Renewals; Comment Request (3064-0046, 3064-0113, & 3064-0178) AGENCY:

    Federal Deposit Insurance Corporation (FDIC).

    ACTION:

    Notice and request for comment.

    SUMMARY:

    The FDIC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the renewal of existing information collections, as required by the Paperwork Reduction Act of 1995. Currently, the FDIC is soliciting comment on the renewal of the information collections described below.

    DATES:

    Comments must be submitted on or before February 16, 2016.

    ADDRESSES:

    Interested parties are invited to submit written comments to the FDIC by any of the following methods:

    http://www.FDIC.gov/regulations/laws/federal/.

    Email: [email protected]. Include the name and number of the collection in the subject line of the message.

    Mail: Gary A. Kuiper (202.898.3877), Counsel, MB-3016 or Manuel E. Cabeza (202.898.3767), Counsel MB-3105, Federal Deposit Insurance Corporation, 550 17th Street NW., Washington, DC 20429.

    Hand Delivery: Comments may be hand-delivered to the guard station at the rear of the 17th Street Building (located on F Street), on business days between 7:00 a.m. and 5:00 p.m.

    All comments should refer to the relevant OMB control number. A copy of the comments may also be submitted to the OMB desk officer for the FDIC: Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503.

    FOR FURTHER INFORMATION CONTACT:

    Gary A. Kuiper or Manuel E. Cabeza, at the FDIC address above.

    SUPPLEMENTARY INFORMATION:

    Proposal to renew the following currently-approved collections of information:

    1. Title: Home Mortgage Disclosure Act.

    OMB Number: 3064-0046.

    Affected Public: Insured state nonmember banks.

    Frequency of Response: On occasion.

    Estimated Number of Respondents: 2,575.

    Estimated Number of Responses: 1,091,614.

    Estimated Time per Response: 5 minutes.

    Total Annual Burden: 90,967 hours.

    General Description: To permit the FDIC to detect discrimination in residential mortgage lending, certain insured state nonmember banks are required by FDIC Regulation 12 CFR 338 to maintain various data on home loan applicants.

    2. Title: External Audits.

    OMB Number: 3064-0113.

    Form Numbers: None.

    Frequency of Response: Annually.

    Affected Public: All insured financial institutions with total assets of $500 million or more and other insured financial institutions with total assets of less than $500 million that voluntarily choose to comply.

    General Description: FDIC's regulations at 12 CFR 363 establish annual independent audit and reporting requirements for financial institutions with total assets of $500 million or more. The requirements include the submission of an annual report on their financial statements, recordkeeping about management deliberations regarding external auditing and reports about changes in auditors. The information collected is used to facilitate early identification of problems in financial management at financial institutions.

    Explanation of burden estimates: The estimates of annual burden are based on the estimated burden hours for FDIC-supervised institutions within each asset classification ($1 billion or more, $500 million or more but less than $1 billion, and less than $500 million) to comply with the requirements of Part 363 regarding the annual report, audit committee, other reports, and the notice of change in accountants. The number of respondents reflects the number of FDIC-supervised institutions in each asset classification. The number of annual responses reflects the estimated number of submissions for each asset classification. The annual burden hours reflects the estimated number of hours for FDIC-supervised institutions within each asset classification to comply with the requirements of Part 363.

    a. FDIC-Supervised Institutions with Assets of $1 Billion or More.

    Number of Respondents: 351.

    Annual Responses: 1,141.

    Estimated Time per Response: 69.84 hours.

    Annual Burden Hours: 79,688 hours.

    b. FDIC-Supervised Institutions with Assets of $500 Million or More but Less than $1 Billion.

    Number of Respondents: 401.

    Annual Responses: 1,303.

    Estimated Time per Response: 8.42 hours.

    Annual Burden Hours: 10,977 hours.

    c. FDIC-Supervised Institutions with Assets Less than $500 Million.

    Number of Respondents: 3,291.

    Annual Responses: 9,873.

    Estimated Time per Response: 15 minutes.

    Annual Burden Hours: 2,468 hours.

    Total Number of Respondents: 4,043.

    Total Annual Responses: 12,317.

    Total Annual Burden Hours: 84,026 hours.

    3. Title: Market Risk Capital Requirements.

    OMB Number: 3064-0178.

    Form Numbers: None.

    Frequency of Response: Occasionally.

    Affected Public: Insured state nonmember banks and state savings associations.

    Estimated Number of Respondents: 1.

    Estimated Number of Responses: 1.

    Total Annual Burden: 1,964 hours.

    General Description: The FDIC's market risk capital rules (12 CFR part 324, subpart F) enhance risk sensitivity, increase transparency through enhanced disclosures and include requirements for the public disclosure of certain qualitative and quantitative information about the market risk of state nonmember banks and state savings associations (FDIC-supervised institutions). The market risk rule applies only if a bank holding company or bank has aggregated trading assets and trading liabilities equal to 10 percent or more of quarter-end total assets or $1 billion or more. Currently, only one FDIC-regulated entity meets the criteria. The information collection requirements are located at 12 CFR 324.203 through 324.212. The collection of information is necessary to ensure capital adequacy appropriate for the level of market risk.

    Section 324.203(a)(1) requires FDIC-supervised institutions to have clearly defined policies and procedures for determining which trading assets and trading liabilities are trading positions and specifies the factors a FDIC-supervised institutions must take into account in drafting those policies and procedures. Section 324.203(a)(2) requires FDIC-supervised institutions to have clearly defined trading and hedging strategies for trading positions that are approved by senior management and specifies what the strategies must articulate. Section 324.203(b)(1) requires FDIC-supervised institutions to have clearly defined policies and procedures for actively managing all covered positions and specifies the minimum requirements for those policies and procedures. Sections 324.203(c)(4) through 324.203(c)(10) require the annual review of internal models and specify certain requirements for those models. Section 324.203(d) requires the internal audit group of a FDIC-supervised institution to prepare an annual report to the board of directors on the effectiveness of controls supporting the market risk measurement systems.

    Section 324.204(b) requires FDIC-supervised institutions to conduct quarterly backtesting. Section 324.205(a)(5) requires institutions to demonstrate to the FDIC the appropriateness of proxies used to capture risks within value-at-risk models. Section 324.205(c) requires institutions to develop, retain, and make available to the FDIC value-at-risk and profit and loss information on sub-portfolios for two years. Section 324.206(b)(3) requires FDIC-supervised institutions to have policies and procedures that describe how they determine the period of significant financial stress used to calculate the institution's stressed value-at-risk models and to obtain prior FDIC approval for any material changes to these policies and procedures.

    Section 324.207(b)(1) details requirements applicable to a FDIC-supervised institution when the FDIC-supervised institution uses internal models to measure the specific risk of certain covered positions. Section 324.208 requires FDIC-supervised institutions to obtain prior written FDIC approval for incremental risk modeling. Section 324.209(a) requires prior FDIC approval for the use of a comprehensive risk measure. Section 324.209(c)(2) requires FDIC-supervised institutions to retain and report the results of supervisory stress testing. Section 324.210(f)(2)(i) requires FDIC-supervised institutions to document an internal analysis of the risk characteristics of each securitization position in order to demonstrate an understanding of the position. Section 324.212 requires quarterly quantitative disclosures, annual qualitative disclosures, and a formal disclosure policy approved by the board of directors that addresses the approach for determining the market risk disclosures it makes.

    Request for Comment

    Comments are invited on: (a) Whether the collections of information are necessary for the proper performance of the FDIC's functions, including whether the information has practical utility; (b) the accuracy of the estimates of the burden of the collections of information, including the validity of the methodology and 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 collections of information on respondents, including through the use of automated collection techniques or other forms of information technology. All comments will become a matter of public record.

    Dated at Washington, DC, this 10th day of December 2015.

    Federal Deposit Insurance Corporation.

    Robert E. Feldman, Executive Secretary.
    [FR Doc. 2015-31483 Filed 12-14-15; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Agency Information Collection Activities: Proposed Information Collection Revision; Comment Request (3064-0189) AGENCY:

    Federal Deposit Insurance Corporation (FDIC).

    ACTION:

    Notice and request for comment.

    SUMMARY:

    The Federal Deposit Insurance Corporation (“FDIC”) invites the general public and other Federal agencies to take this opportunity to comment on a revision of a continuing information collection, titled, “Company-Run Annual Stress Test Reporting Template and Documentation for Covered Institutions with Total Consolidated Assets of $50 Billion or More under the Dodd-Frank Wall Street Reform and Consumer Protection Act,” (3064-0189), as required by the Paperwork Reduction Act of 1995.

    DATES:

    Comments must be received by February 16, 2016.

    ADDRESSES:

    You may submit written comments by any of the following methods:

    Agency Web site: http://www.fdic.gov/regulations/laws/federal/. Follow the instructions for submitting comments on the FDIC Web site.

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

    Email: [email protected] Include “Annual Stress Test Reporting Template and Documentation for Covered Institutions with Total Consolidated Assets of $50 Billion or More” on the subject line of the message.

    Mail: Gary A. Kuiper, Legal Division, Attention: Comments, FDIC, 550 17th Street NW., MB-3016, Washington, DC 20429.

    Hand Delivery/Courier: Guard station at the rear of the 550 17th Street Building (located on F Street) on business days between 7:00 a.m. and 5:00 p.m.

    Public Inspection: All comments received will be posted without change to http://www.fdic.gov/regulations/laws/federal/ including any personal information provided.

    Additionally, you may send a copy of your comments: By mail to the U.S. Office of Management and Budget, 725 17th Street NW., #10235, Washington, DC 20503 or by facsimile to 202.395.6974, Attention: Federal Banking Agency Desk Officer.

    FOR FURTHER INFORMATION CONTACT:

    You can request additional information from Gary Kuiper, 202.898.3877, or Manny Cabeza, 202.898.3767, Legal Division, Federal Deposit Insurance Corporation, 550 17th Street NW., MB-3016 Washington, DC 20429. In addition, copies of the templates referenced in this notice can be found on the FDIC's Web site (http://www.fdic.gov/regulations/laws/federal/).

    SUPPLEMENTARY INFORMATION:

    The FDIC is requesting comment on the following changes to the information collection:

    Title: Company-Run Annual Stress Test Reporting Template and Documentation for Covered Institutions with Total Consolidated Assets of $50 Billion or More under the Dodd-Frank Wall Street Reform and Consumer Protection Act.

    OMB Control Number: 3064-0189.

    Description: Section 165(i)(2) of the Dodd-Frank Wall Street Reform and Consumer Protection Act 1 (“Dodd-Frank Act”) requires certain financial companies, including state nonmember banks and state savings associations, to conduct annual stress tests 2 and requires the primary financial regulatory agency 3 of those financial companies to issue regulations implementing the stress test requirements.4 A state nonmember bank or state savings association is a “covered bank” and therefore subject to the stress test requirements if its total consolidated assets are more than $10 billion. Under section 165(i)(2), a covered bank is required to submit to the Board of Governors of the Federal Reserve System (“Board”) and to its primary financial regulatory agency a report at such time, in such form, and containing such information as the primary financial regulatory agency shall require.5

    1 Public Law 111-203, 124 Stat. 1376 (July 21, 2010).

    2 12 U.S.C. 5365(i)(2)(A).

    3 12 U.S.C. 5301(12).

    4 12 U.S.C. 5365(i)(2)(C).

    5 12 U.S.C. 5365(i)(2)(B).

    On October 15, 2012, the FDIC published in the Federal Register a final rule implementing the section 165(i)(2) annual stress test requirement.6 The final rule requires covered banks to meet specific reporting requirements under section 165(i)(2). In 2012, the FDIC first implemented the reporting templates for covered banks with total consolidated assets of $50 billion or more and provided instructions for completing the reports.7 This information collection notice describes revisions by the FDIC to the relevant reporting templates and related instructions, as well as required information. The information contained in these information collections may be given confidential treatment to the extent allowed by law (5 U.S.C. 552(b)(4)).

    6 77 FR 62417(October 15, 2012).

    7 77 FR 52719 (August 30, 2012) and 77 FR 70435 (November 26, 2012). The most recent revisions to the reporting templates and related instructions were made in 2014. See 79 FR 58780 (September 30, 2014) and 79 FR 75152 (December 17, 2014)

    Consistent with past practice, the FDIC intends to use the data collected to assess the reasonableness of the stress test results of covered banks and to provide forward-looking information to the FDIC regarding a covered institution's capital adequacy. The FDIC also may use the results of the stress tests to determine whether additional analytical techniques and exercises could be appropriate to identify, measure, and monitor risks at the covered bank. The stress test results are expected to support ongoing improvement in a covered bank's stress testing practices with respect to its internal assessments of capital adequacy and overall capital planning.

    The FDIC recognizes that many covered banks with total consolidated assets of $50 billion or more are required to submit reports using the Board's Comprehensive Capital Analysis and Review (“CCAR”) reporting form, FR Y-14A. The FDIC also recognizes the Board has modified the FR Y-14A, and the FDIC will keep its reporting requirements as similar as possible with the Board's FR Y-14A in order to minimize burden on affected institutions. Therefore, the FDIC is revising its reporting requirements to remain consistent with the Board's FR Y-14A for covered banks with total consolidated assets of $50 billion or more.

    Proposed Revisions to Reporting Templates for Institutions With $50 Billion or More in Assets; Other Reporting Template and Instruction Changes

    The proposed revisions to the DFAST-14A reporting templates consist of clarifying instructions, adding data items, deleting data items, and redefining existing data items. The proposed revisions also include a shift of the as-of date in accordance with modifications to the FDIC's stress testing rule.8 These revisions also reflect the implementation of the final Basel III regulatory capital rule. On July 9, 2013, the FDIC approved an interim final rule that will revise and replace the FDIC's risk-based and leverage capital requirements to be consistent with agreements reached by the Basel Committee on Banking Supervision in “Basel III: A Global Regulatory Framework for More Resilient Banks and Banking Systems” (Basel III).9 The final rule was published in the Federal Register on April 14, 2014 (“Revised Capital Framework”).10 The revisions include implementation of a new definition of regulatory capital, a new common equity tier 1 minimum capital requirement, a higher minimum tier 1 capital requirement, and, for banking organizations subject to the Advanced Approaches capital rules, a supplementary leverage ratio that incorporates a broader set of exposures in the denominator measure. In addition, the rule will amend the methodologies for determining risk weighted assets. All banking organizations that are not subject to the Advanced Approaches Rule were required to comply with the Revised Capital Framework, as of January 1, 2015.

    8See 79 FR 69365 (November 21, 2014).

    9 78 FR 55340 (September 10, 2013).

    10 79 FR 20754 (April 14, 2014).

    The proposed changes would (1) increase consistency between the DFAST-14A with the FR Y-14A, CALL Report, FFIEC 101, and FFIEC 102; (2) remove the requirement to calculate tier 1 common capital and the tier 1 common ratio; and (3) shift the as-of dates by one quarter in accordance with the modifications to the stress test rules. Furthermore, the FDIC understands that the Board is currently collecting information for the Summary Schedule via XML technology, and the FDIC would use a similar format to enhance consistency and reduce regulatory burden. Technical details on these forms would be provided separately.

    Schedule A (Summary)—A.1.c.1 (General RWA)

    This schedule would be removed in accordance with the proposed revisions to eliminate use of the tier 1 common ratio, effective for the 2016 DFAST submission.

    Schedule A (Summary)—Revisions to Schedule A.1.c.2 (Standardized RWA)

    This schedule would be modified to increase consistency with the FFIEC 102. Specifically, the items of the existing market risk-weighted asset portion would be replaced with the appropriate items from the FFIEC 102. These changes would be effective for the 2017 DFAST submission.

    Schedule A (Summary)—Revisions to Schedule A.1.d (Capital)

    The FDIC proposes removing certain items related to tier 1 common capital, effective for the 2016 DFAST submission. Additionally, the FDIC proposes adding one item that captures the aggregate non-significant investments in the capital of unconsolidated financial institutions in the form of common stock and breaking out two items related to deferred tax assets into the amount before valuation allowances and the associated valuation allowance. The additional information from these changes would result in two existing items converting to derived items based on the additional information.

    Schedule A (Summary)—Revisions to Schedule A.2.b (Retail Repurchase)

    This schedule would be removed to reduce reporting burden, effective for the 2017 DFAST submission.

    Schedule A (Summary)—Deletion of Schedule A.2.c (ASC 310-30)

    This schedule would be removed to reduce reporting burden, effective for the 2017 DFAST submission.

    Schedule A (Summary)—Revisions to Schedule A.7.c (PPNR Metrics)

    In order to fully align the schedule with the stress scenarios, the beta information would be collected according to the scenario instead of the current “normal environment” requirement, effective for the 2016 DFAST submission.

    Counterparty Credit Risk Schedule

    This schedule would be removed to reduce reporting burden effective for the 2016 DFAST submission. Aggregate counterparty credit risk information will continue to be obtained through the Summary Schedule (Schedule A).

    Burden Estimates

    The FDIC estimates the burden of this collection as follows:

    Current

    Number of Respondents: 4.

    Annual Burden per Respondent: 1,040.

    Total Annual Burden: 4,160.

    Proposed

    Estimated Number of Respondents: 4.

    Annual Burden per Respondent: 1,114.

    Estimated Total Annual Burden: 4,456 hours.

    The FDIC recognizes that the Board has estimated 71,709 hours for bank holding companies to prepare the Summary, Macro scenario, Operational risk, Regulatory capital transitions, and Regulatory capital instruments for the FR Y-14A. The FDIC believes that the systems covered institutions use to prepare the FR Y-14A reporting templates will also be used to prepare the reporting templates described in this notice. Comments continue to be invited on:

    (a) Whether the collection of information is necessary for the proper performance of the functions of the FDIC, including whether the information has practical utility;

    (b) The accuracy of the FDIC's estimate of the burden of the collection of information;

    (c) Ways to enhance the quality, utility, and clarity of the information to be collected;

    (d) Ways to minimize the burden of the collection on respondents, including through the use of automated collection techniques or other forms of information technology; and

    (e) Estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information.

    Dated at Washington, DC, this 10th day of December. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2015-31492 Filed 12-14-15; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL RESERVE SYSTEM Notice of Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking Activities

    The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y, (12 CFR part 225) to engage de novo, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States.

    Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act.

    Unless otherwise noted, comments regarding the notices must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than January 8, 2016.

    A. Federal Reserve Bank of New York (Ivan Hurwitz, Vice President) 33 Liberty Street, New York, New York 10045-0001:

    1. New York Community Bancorp, Inc., Westbury, New York; to acquire 100 percent of the voting shares of Astoria Financial Corporation, Lake Success, New York, and indirectly acquire Astoria Bank, Long Island City, New York, and thereby engage in extending credit and servicing loans, and in operating a savings association, pursuant to sections 225.28 (b)(1) and (b)(4)(ii).

    Board of Governors of the Federal Reserve System, December 10, 2015. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2015-31491 Filed 12-14-15; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than January 8, 2016.

    A. Federal Reserve Bank of Atlanta (Chapelle Davis, Assistant Vice President) 1000 Peachtree Street NE., Atlanta, Georgia 30309:

    1. CapStar Financial Holdings, Inc., Nashville, Tennessee; to become a bank holding company by acquiring 100 percent of the voting shares of CapStar Bank, Nashville, Tennessee.

    Board of Governors of the Federal Reserve System, December 10, 2015. Michael J. Lewandowski, Associate Secretary of the Board.
    [FR Doc. 2015-31490 Filed 12-14-15; 8:45 am] BILLING CODE 6210-01-P
    GENERAL SERVICES ADMINISTRATION [Notice-MG-2015-06; Docket No. 2015-0002; Sequence No. 7] Office of Federal High-Performance Green Buildings; Green Building Advisory Committee; Notification of Upcoming Conference Calls AGENCY:

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

    ACTION:

    Meeting notice.

    SUMMARY:

    Notice of these conference calls is being provided according to the requirements of the Federal Advisory Committee Act. This notice provides the schedule for a series of conference calls, supplemented by Web meetings, for two task groups of the Green Building Advisory Committee. The conference calls are open for the public to listen in. Interested individuals must register to attend as instructed below under Supplementary Information.

    DATES:

    Task group conference call dates: The conference calls will be held according to the following alternating schedule:

    The Energy Use Index task group will hold biweekly conference calls on Wednesdays beginning January 13, 2016, through April 20, 2016, from 3:00 p.m. to 4:00 p.m. Eastern Daylight Time (EDT).

    The Portfolio Prioritization task group will hold biweekly conference calls on Wednesdays beginning January 20, 2016 through April 27, 2016, from 3:00 p.m. to 4:00 p.m. Eastern Daylight Time (EDT).

    FOR FURTHER INFORMATION CONTACT:

    Mr. Ken Sandler, Designated Federal Officer, Office of Federal High-Performance Green Buildings, Office of Government-wide Policy, General Services Administration, 1800 F Street NW., Washington, DC 20405, telephone 202-219-1121 (note: this is not a toll-free number). Additional information about the Committee, including meeting materials and updates on the task groups and their schedules, will be available on-line at http://www.gsa.gov/gbac.

    SUPPLEMENTARY INFORMATION:

    Procedures for Attendance: Contact Mr. Ken Sandler at [email protected] to register to listen in to any or all of these conference calls. To attend the conference calls, submit your full name, organization, email address, and phone number. Requests to listen in to the calls must be received by 5:00 p.m. Eastern Daylight Time (EDT), on Friday, January 9, 2016. (GSA will be unable to provide technical assistance to any listener experiencing technical difficulties. Testing access to the Web meeting site in advance of calls is recommended.)

    Background: The Administrator of the U.S. General Services Administration established the Green Building Advisory Committee with a notice published in the Federal Register at 76 FR 35894, on June 20, 2011, pursuant to Section 494 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17123). Under this authority, the Committee advises GSA on the rapid transformation of the Federal building portfolio to sustainable technologies and practices. The Committee reviews strategic plans, products and activities of the Office of Federal High-Performance Green Buildings, and provides advice regarding how the Office can accomplish its mission most effectively.

    The Portfolio Prioritization task group will continue to pursue the motion of a committee member to “propose a process for Federal agencies to consistently incorporate green building and resilience requirements into their capital investment criteria and strategies.” The Energy Use Index task group will continue to pursue the motion of a committee member to “develop guidelines for creating a new energy intensity metric [to reflect impacts of] densified facilities, centrally located workplace sites . . . and expansion of telework and hoteling.”

    The conference calls will focus on how the task groups can best refine these motions into consensus recommendations from each group to the full Committee, which will in turn decide whether to proceed with formal advice to GSA based upon these recommendations. Additional background information and updates will be posted on GSA's Web site at http://www.gsa.gov/gbac.

    Kevin Kampschroer, Federal Director, Office of Federal High-Performance Green Buildings, General Services Administration.
    [FR Doc. 2015-31485 Filed 12-14-15; 8:45 am] BILLING CODE 6820-14-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-D-0288] Premarket Studies of Implantable Minimally Invasive Glaucoma Surgical Devices; Guidance for Industry and Food and Drug Administration Staff; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of availability.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is announcing the availability of the guidance entitled “Premarket Studies of Implantable Minimally Invasive Glaucoma Surgical (MIGS) Devices.” This leapfrog guidance document was developed to notify manufacturers of the recommended non-clinical and clinical studies to support a premarket approval application (PMA) for implantable MIGS devices.

    DATES:

    Submit either electronic or written comments on this guidance at any time. General comments on Agency guidance documents are welcome at any time.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2015-D-0288 for “Premarket Studies of Implantable Minimally Invasive Glaucoma Surgical (MIGS) Devices.” 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.

    An electronic copy of the guidance document is available for download from the Internet. See the SUPPLEMENTARY INFORMATION section for information on electronic access to the guidance. Submit written requests for a single hard copy of the guidance document entitled “Premarket Studies of Implantable Minimally Invasive Glaucoma Surgical (MIGS) Devices” to the Office of the Center Director, Guidance and Policy Development, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5431, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your request.

    FOR FURTHER INFORMATION CONTACT:

    Michelle Tarver, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 2504, Silver Spring, MD 20993-0002, 301-796-5620.

    SUPPLEMENTARY INFORMATION:

    I. Background

    This guidance document recommends non-clinical and clinical studies to support a PMA for implantable MIGS devices. Glaucoma is a progressive condition that damages the optic nerve of the eye, is associated with elevated intraocular pressure, and leads to irreversible vision loss. It is the second leading cause of visual disability and blindness in the world, with 1 in 40 adults over 40 years of age suffering from glaucoma having some visual loss. Current surgical treatments are aimed at reducing intraocular pressure and often reserved for moderate to severe disease. During the past decade, novel medical devices, called MIGS devices, have emerged. These devices are designed to treat less severe glaucoma by enhancing physiological aqueous outflow with an approach that causes minimal ocular trauma.

    In the Federal Register of February 11, 2015 (80 FR 7614), FDA announced the availability of the draft of this guidance. Interested persons were invited to comment by May 12, 2015. FDA received and considered 12 sets of public comments and revised the guidance, where applicable. Multiple comments were received regarding the definition of glaucoma and the inclusion of pre-perimetric glaucoma. Based on discussion at the “FDA/American Glaucoma Society Workshop on Supporting Innovation for Safe and Effective Minimally Invasive Glaucoma Surgery,” February 26, 2014, we do not believe that pre-perimetric glaucoma (i.e., optical coherence tomography changes and optic nerve changes without any field abnormalities) should be included in these interventional studies because there are differing opinions amongst experts about whether this condition warrants surgical treatment. This guidance is a leapfrog guidance; leapfrog guidances are intended to serve as a mechanism by which the Agency can share initial thoughts regarding the content of premarket submissions for emerging technologies and new clinical applications that are likely to be of public health importance very early in product development, generally before FDA has even received any such submissions. This leapfrog guidance represents the Agency's initial thinking and our recommendations may change as more information becomes available. The current recommendations are designed to provide a conservative approach to protection of human subjects.

    II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents the current thinking of FDA on “Premarket Studies of Implantable Minimally Invasive Glaucoma Surgical (MIGS) Devices.” It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations.

    III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by downloading an electronic copy from the Internet. A search capability for all Center for Devices and Radiological Health guidance documents is available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/default.htm. Guidance documents are also available at http://www.regulations.gov. Persons unable to download an electronic copy of “Premarket Studies of Implantable Minimally Invasive Glaucoma Surgical (MIGS) Devices” may send an email request to [email protected] to receive an electronic copy of the document. Please use the document number 1400049 to identify the guidance you are requesting.

    IV. Paperwork Reduction Act of 1995

    The guidance document “Premarket Studies of Implantable Minimally Invasive Glaucoma Surgical (MIGS) Devices” refers to previously approved information collections found in FDA regulations and guidance. These collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 CFR part 814, subparts B and E are approved under OMB control number 0910-0231 and the collections of information in the guidance document entitled “Requests for Feedback on Medical Device Submissions: The Pre-Submission Program and Meetings with Food and Drug Administration Staff” are approved under OMB control number 0910-0756.

    Dated: December 8, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-31407 Filed 12-14-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-D-4561] Head Lice Infestation: Developing Drugs for Topical Treatment; Draft Guidance for Industry; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of availability.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing the availability of a draft guidance for industry entitled “Head Lice Infestation: Developing Drugs for Topical Treatment.” The purpose of this draft guidance is to assist sponsors in the clinical development of drugs for the treatment of head lice infestation. This draft guidance addresses the Agency's current thinking regarding the overall development program and clinical trial designs of drugs to support approval of an indication for topical treatment of head lice infestation. The information presented will help sponsors plan clinical trials, design clinical protocols, and conduct and appropriately monitor clinical trials.

    DATES:

    Although you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance, submit either electronic or written comments on the draft guidance by March 14, 2016.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2015-D-4561 for “Head Lice Infestation: Developing Drugs for Topical Treatment; Draft Guidance for Industry; Availability.” 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.

    Submit written requests for single copies of the draft guidance to the Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10001 New Hampshire Ave., Hillandale Bldg., 4th Floor, Silver Spring, MD 20993. Send one self-addressed adhesive label to assist that office in processing your requests. See the SUPPLEMENTARY INFORMATION section for electronic access to the draft guidance document.

    FOR FURTHER INFORMATION CONTACT:

    Strother D. Dixon, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 5168, Silver Spring, MD 20993-0002, 301-796-1015.

    SUPPLEMENTARY INFORMATION:

    I. Background

    FDA is announcing the availability of a draft guidance for industry entitled “Head Lice Infestation: Developing Drugs for Topical Treatment.” The purpose of this draft guidance is to assist sponsors in the clinical development of drugs for the treatment of head lice infestation. This draft guidance addresses the Agency's current thinking regarding the overall development program and clinical trial designs of drugs to support approval of an indication for topical treatment of head lice infestation. The information presented will help sponsors plan clinical trials, design clinical protocols, and conduct and appropriately monitor clinical trials.

    This draft guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The draft guidance, when finalized, will represent the current thinking of FDA on developing drugs for the topical treatment of head lice infestation. It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations.

    II. The Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of information that are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 CFR parts 312 and 314 have been approved under OMB control numbers 0910-0014 and 0910-0001, respectively. The collections of information for prescription drug product labeling in 21 CFR 201.56 and 201.57 have been approved under OMB control number 0910-0572.

    III. Electronic Access

    Persons with access to the Internet may obtain the document at either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: December 8, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-31406 Filed 12-14-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2012-0873] Agency Information Collection Activities; Proposed Collection; Comment Request; Bar Code Label Requirement for Human Drug and Biological Products AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the bar code label requirements for human drug and biological products.

    DATES:

    Submit either electronic or written comments on the collection of information by February 16, 2016.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    • Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2012-N-0873 for “Agency Information Collection Activities: Proposed Collection; Comment Request; Bar Code Label Requirement for Human Drug and Biological Products”. 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:

    FDA PRA Staff, Office of Operations, Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver Spring, MD 20993-0002, [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the PRA (44 U.S.C. 3501-3520) Federal Agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes Agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal Agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document.

    With respect to the following collection of information, FDA invites comments on: (1) Whether the proposed collection of information is necessary for the proper performance of FDA's functions, including whether the information will have practical utility; (2) the accuracy of FDA' s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (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 respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology.

    Bar Code Label Requirement for Human Drug and Biological Products OMB Control Number 0910-0537—Extension

    In the Federal Register of February 26, 2004 (69 FR 9120), we issued a final rule that required human drug product and biological product labels to have bar codes. The rule required bar codes on most human prescription drug products and on over-the-counter (OTC) drug products that are dispensed pursuant to an order and commonly used in health care facilities. The rule also required machine-readable information on blood and blood components. For human prescription drug products and OTC drug products that are dispensed pursuant to an order and commonly used in health care facilities, the bar code must contain the NDC number for the product. For blood and blood components, the rule specifies the minimum contents of the machine-readable information in a format approved by the Center for Biologics Evaluation and Research Director as blood centers have generally agreed upon the information to be encoded on the label. The rule is intended to help reduce the number of medication errors in hospitals and other health care settings by allowing health care professionals to use bar code scanning equipment to verify that the right drug (in the right dose and right route of administration) is being given to the right patient at the right time.

    Most of the information collection burden resulting from the final rule, as calculated in table 1 of the final rule (69 FR at 9149), was a one-time burden that does not occur after the rule's compliance date of April 26, 2006. In addition, some of the information collection burden estimated in the final rule is now covered in other OMB approved information collection packages for FDA. However, parties may continue to seek an exemption from the bar code requirement under certain, limited circumstances. Section 201.25(d) (21 CFR 201.25(d)) requires submission of a written request for an exemption and describes the contents of such requests. Based on the number of exemption requests we have received, we estimate that approximately 2 exemption requests may be submitted annually, and that each exemption request will require 24 hours to complete. This would result in an annual reporting burden of 48 hours.

    Table 1—Estimated Annual Reporting Burden 1 21 CFR Section Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Total annual responses Average
  • burden per
  • response
  • Total hours
    201.25(d) 2 1 2 24 48 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
    Dated: December 7, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-31402 Filed 12-14-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2013-E-1694] Determination of Regulatory Review Period for Purposes of Patent Extension; Trivascular Ovation Abdominal Stent Graft System AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) has determined the regulatory review period for TRIVASCULAR OVATION ABDOMINAL STENT GRAFT SYSTEM and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of an application to the Director of the U.S. Patent and Trademark Office (USPTO), Department of Commerce, for the extension of a patent which claims that medical device.

    DATES:

    Anyone with knowledge that any of the dates as published (see the SUPPLEMENTARY INFORMATION section) are incorrect may submit either electronic or written comments and ask for a redetermination by February 16, 2016. Furthermore, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period by June 13, 2016. See “Petitions” in the SUPPLEMENTARY INFORMATION section for more information.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    • Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2013-E-1694 for Determination of Regulatory Review Period for Purposes of Patent Extension; TRIVASCULAR OVATION ABDOMINAL STENT GRAFT SYSTEM. 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:

    Beverly Friedman, Office of Regulatory Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6250, Silver Spring, MD 20993, 301-796-3600.

    SUPPLEMENTARY INFORMATION:

    I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417) and the Generic Animal Drug and Patent Term Restoration Act (Pub. L. 100-670) generally provide that a patent may be extended for a period of up to 5 years so long as the patented item (human drug product, animal drug product, medical device, food additive, or color additive) was subject to regulatory review by FDA before the item was marketed. Under these acts, a product's regulatory review period forms the basis for determining the amount of extension an applicant may receive.

    A regulatory review period consists of two periods of time: A testing phase and an approval phase. For medical devices, the testing phase begins with a clinical investigation of the device and runs until the approval phase begins. The approval phase starts with the initial submission of an application to market the device and continues until permission to market the device is granted. Although only a portion of a regulatory review period may count toward the actual amount of extension that the Director of USPTO may award (half the testing phase must be subtracted as well as any time that may have occurred before the patent was issued), FDA's determination of the length of a regulatory review period for a medical device will include all of the testing phase and approval phase as specified in 35 U.S.C. 156(g)(3)(B).

    FDA has approved for marketing the medical device, TRIVASCULAR OVATION ABDOMINAL STENT GRAFT SYSTEM. TRIVASCULAR OVATION ABDOMINAL STENT GRAFT SYSTEM is indicated for the treatment of patients with abdominal aortic aneurysms having vascular morphology suitable for endovascular repair. Subsequent to this approval, the USPTO received a patent term restoration application for TRIVASCULAR OVATION ABDOMINAL STENT GRAFT SYSTEM (U.S. Patent No. 6,395,019) from TriVascular, Inc., and the USPTO requested FDA's assistance in determining this patent's eligibility for patent term restoration. In a letter dated March 20, 2014, FDA advised the USPTO that this medical device had undergone a regulatory review period and that the approval of TRIVASCULAR OVATION ABDOMINAL STENT GRAFT SYSTEM represented the first permitted commercial marketing or use of the product. Thereafter, the USPTO requested that FDA determine the product's regulatory review period.

    II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for TRIVASCULAR OVATION ABDOMINAL STENT GRAFT SYSTEM is 3,607 days. Of this time, 3,429 days occurred during the testing phase of the regulatory review period, while 178 days occurred during the approval phase. These periods of time were derived from the following dates:

    1. The date an exemption under section 520(g) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360j(g)) involving this device became effective: November 22, 2002. The applicant claims that the investigational device exemption (IDE) required under section 520(g) of the FD&C Act for human tests to begin became effective on October 24, 2002. However, FDA records indicate that the IDE was determined substantially complete for clinical studies to have begun on November 22, 2002, which represents the IDE effective date.

    2. The date an application was initially submitted with respect to the device under section 515 of the FD&C Act (21 U.S.C. 360e): April 11, 2012. FDA has verified the applicant's claim that the premarket approval application (PMA) for TRIVASCULAR OVATION ABDOMINAL STENT GRAFT SYSTEM (PMA P120006) was initially submitted April 11, 2012.

    3. The date the application was approved: October 5, 2012. FDA has verified the applicant's claim that PMA P120006 was approved on October 5, 2012.

    This determination of the regulatory review period establishes the maximum potential length of a patent extension. However, the USPTO applies several statutory limitations in its calculations of the actual period for patent extension. In its application for patent extension, this applicant seeks 1,802 days of patent term extension.

    III. Petitions

    Anyone with knowledge that any of the dates as published are incorrect may submit either electronic or written comments and ask for a redetermination (see DATES). Furthermore, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period. To meet its burden, the petition must be timely (see DATES) and contain sufficient facts to merit an FDA investigation. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should be in the format specified in 21 CFR 10.30.

    Submit petitions electronically to http://www.regulations.gov at Docket No. FDA-2013-S-0610. Submit written petitions (two copies are required) to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. Petitions that have not been made publicly available on http://www.regulations.gov may be viewed in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: December 8, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-31397 Filed 12-14-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2014-E-0182] Determination of Regulatory Review Period for Purposes of Patent Extension; VIZAMYL AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) has determined the regulatory review period for VIZAMYL and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of an application to the Director of the U.S. Patent and Trademark Office (USPTO), Department of Commerce, for the extension of a patent which claims that human drug product.

    DATES:

    Anyone with knowledge that any of the dates as published (in the SUPPLEMENTARY INFORMATION section) are incorrect may submit either electronic or written comments and ask for a redetermination by February 16, 2016. Furthermore, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period by June 13, 2016. See “Petitions” in the SUPPLEMENTARY INFORMATION section for more information.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    • Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2014-E-0182 for Determination of Regulatory Review Period for Purposes of Patent Extension; VIZAMYL. 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:

    Beverly Friedman, Office of Regulatory Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6250, Silver Spring, MD 20993, 301-796-3600.

    SUPPLEMENTARY INFORMATION:

    I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417) and the Generic Animal Drug and Patent Term Restoration Act (Pub. L. 100-670) generally provide that a patent may be extended for a period of up to 5 years so long as the patented item (human drug product, animal drug product, medical device, food additive, or color additive) was subject to regulatory review by FDA before the item was marketed. Under these acts, a product's regulatory review period forms the basis for determining the amount of extension an applicant may receive.

    A regulatory review period consists of two periods of time: A testing phase and an approval phase. For human drug products, the testing phase begins when the exemption to permit the clinical investigations of the drug becomes effective and runs until the approval phase begins. The approval phase starts with the initial submission of an application to market the human drug product and continues until FDA grants permission to market the drug product. Although only a portion of a regulatory review period may count toward the actual amount of extension that the Director of USPTO may award (for example, half the testing phase must be subtracted as well as any time that may have occurred before the patent was issued), FDA's determination of the length of a regulatory review period for a human drug product will include all of the testing phase and approval phase as specified in 35 U.S.C. 156(g)(1)(B).

    FDA has approved for marketing the human drug product VIZAMYL (flumetamol F18 injection). VIZAMYL is a radioactive diagnostic agent indicated for Positron Emission Tomography imaging of the brain to estimate β amyloid neuritic plaque density in adult patients with cognitive impairment who are being evaluated for Alzheimer's disease or other causes of cognitive decline. Subsequent to this approval, the USPTO received a patent term restoration application for VIZAMYL (U.S. Patent No. 7,270,800) from GE Healthcare Limited, and the USPTO requested FDA's assistance in determining this patent's eligibility for patent term restoration. In a letter dated March 27, 2014, FDA advised the USPTO that this human drug product had undergone a regulatory review period and that the approval of VIZAMYL represented the first permitted commercial marketing or use of the product. Thereafter, the USPTO requested that FDA determine the product's regulatory review period.

    II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for VIZAMYL is 1,541 days. Of this time, 1,176 days occurred during the testing phase of the regulatory review period, while 365 days occurred during the approval phase. These periods of time were derived from the following dates:

    1. The date an exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 355(i)) became effective: August 8, 2009. FDA has verified the applicant's claim that the date the investigational new drug application (IND) became effective was on August 8, 2009.

    2. The date the application was initially submitted with respect to the human drug product under section 505(b) of the FD&C Act: October 26, 2012. FDA has verified the applicant's claim that the new drug application (NDA) for VIZAMYL (NDA 203137) was initially submitted on October 26, 2012.

    3. The date the application was approved: October 25, 2013. FDA has verified the applicant's claim that NDA 203137 was approved on October 25, 2013.

    This determination of the regulatory review period establishes the maximum potential length of a patent extension. However, the USPTO applies several statutory limitations in its calculations of the actual period for patent extension. In its application for patent extension, this applicant seeks 951 days of patent term extension.

    III. Petitions

    Anyone with knowledge that any of the dates as published are incorrect may submit either electronic or written comments and ask for a redetermination (see DATES). Furthermore, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period. To meet its burden, the petition must be timely (see DATES) and contain sufficient facts to merit an FDA investigation. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should be in the format specified in 21 CFR 10.30.

    Submit petitions electronically to http://www.regulations.gov at Docket No. FDA-2013-S-0610. Submit written petitions (two copies are required) to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. Petitions that have not been made publicly available on http://www.regulations.gov may be viewed in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: December 8, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-31401 Filed 12-14-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2015-N-4462] Point of Care Prothrombin Time/International Normalized Ratio Devices for Monitoring Warfarin Therapy; 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 “Point of Care Prothrombin Time/International Normalized Ratio Devices for Monitoring Warfarin Therapy.” The purpose of this workshop is to discuss and receive input from stakeholders regarding approaches to the analytical and clinical validation of point of care (POC) Prothrombin Time/International Normalized Ratio (PT/INR) in vitro diagnostic devices for improved clinical management of warfarin therapy in addition to describing the FDA's process for facilitating the development of safe and effective POC and patient self-testing PT/INR devices. The goal of the workshop is to seek and identify potential solutions to address the scientific and regulatory challenges associated with POC PT/INR devices to ensure safety and effectiveness.

    DATES:

    The public workshop will be held on January 25, 2016, from 8 a.m. to 5 p.m. Submit either electronic or written comments on the public workshop by February 25, 2016.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    • Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2015-N-4462 for “Point of Care Prothrombin Time/International Normalized Ratio Devices for Monitoring Warfarin Therapy.” 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.

    The public workshop will be held at FDA's White Oak Campus, 10903 New Hampshire Ave., Bldg. 31 Conference Center, rm. 1503 (the Great Room), 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.

    FOR FURTHER INFORMATION CONTACT:

    Rachel Goehe, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave, Bldg. 66, Rm. 5533, Silver Spring, MD 20993, 240-402-6565, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    Warfarin, an oral vitamin K antagonist, is a commonly prescribed anticoagulant drug used to reduce the risk of thromboembolic events. Warfarin inhibits the synthesis of clotting factors II, VII, IX, and X, in addition to the naturally occurring endogenous anticoagulant proteins C and S. The response of individual patients to warfarin is highly variable because of factors such as diet, age, and interaction with other drugs. As a consequence, it is important that warfarin dosage be tailored individually to maintain clinical benefit. The PT test is used to determine a patient's clotting time, which the Clinical and Laboratory Standards Institute defines as the time in seconds required for a fibrin clot to form in a plasma sample after tissue thromboplastin and an optimal amount of calcium chloride have been added to the sample. It is well-recognized that a PT result obtained with one test system cannot be compared to a PT result obtained with another test system because of the variety of thromboplastins used in different test systems. Therefore, PT test results are converted into a standardized unit known as the INR, which was adopted by the World Health Organization with the intent to reduce intersystem variation in test results. The INR result is used to monitor patients' response to warfarin.

    POC PT/INR devices offer an alternative to laboratory-based testing and venipuncture, enabling a rapid INR determination from a finger stick sample of whole blood. POC devices can be used in a variety of settings including, but not limited to, physician's office laboratory, anti-coagulation clinic, patient bedside, hospital emergency department, and prescription home use. The purpose of POC PT/INR testing is to monitor warfarin and to provide immediate information to physicians about the patient's anticoagulation status so that this information can be integrated into appropriate treatment decisions that can improve patient outcomes. POC PT/INR testing is increasingly being viewed as a testing modality with performance expectations similar to that of traditional laboratory testing. From a regulatory standpoint, POC PT/INR devices have been reviewed and cleared for prescription use under appropriate professional supervision or prescription home use (patient self-testing), depending on the claimed intended use. For this workshop, both settings will be open for discussion.

    II. Topics for Discussion at the Public Workshop

    This public workshop will consist of presentations covering the topics listed in this document. Following the presentations, there will be a moderated panel discussion where participants will be asked to provide their perspectives. The workshop panel discussion will focus on identifying potential solutions to address the scientific and regulatory challenges associated with POC PT/INR devices. In advance of the meeting, FDA plans to post a discussion paper outlining FDA's current thinking on the various topics mentioned in the following list, and invite comment on this from the community.

    Topics to be discussed at the public workshop include, but are not limited to, the following:

    • Current regulatory process involved with the clearance of POC PT/INR devices.

    • Current benefit/risk balance of POC PT/INR devices.

    • Technological differences amongst marketed POC PT/INR devices, advantages and limitations of each technology, and comparability of test results obtained using different technologies.

    • Challenges associated with correlating results from whole blood POC PT/INR devices to conventional plasma-based laboratory tests.

    • Appropriate study design for validation and usability studies from the perspectives of the Agency, manufacturers and end users to help improve our understanding of the accuracy, reliability and safety of POC PT/INR devices.

    • Types of quality control and the test system elements assessed by the controls.

    • Challenges associated with different sample matrices (venous, fingerstick, arterial).

    Registration: Registration is free and available on a first-come, first-served basis. Persons interested in attending this public workshop must register online by 4 p.m., January 15, 2016. 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 7 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, email: [email protected] no later than January 11, 2016.

    To register for the public workshop, please visit FDA's Medical Devices News & Events—Workshops & Conferences calendar at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm. (Select this public workshop from the posted events list.) Please provide complete contact information for each attendee, including name, title, affiliation, address, email, and telephone number. Those without Internet access should contact Susan Monahan (contact for special accommodations) 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 workshop Web page after January 18, 2016. Please visit FDA's Medical Devices News & Events—Workshops & Conferences calendar at http://www.fda.gov/MedicalDevices/NewsEvents/WorkshopsConferences/default.htm. (Select this 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, as of the date this document publishes in the Federal Register, but Web sites are subject to change over time.

    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).

    Dated: December 7, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-31404 Filed 12-14-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2013-E-1575] Determination of Regulatory Review Period for Purposes of Patent Extension; RAXIBACUMAB AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) has determined the regulatory review period for RAXIBACUMAB and is publishing this notice of that determination as required by law. FDA has made the determination because of the submission of an application to the Director of the U.S. Patent and Trademark Office (USPTO), Department of Commerce, for the extension of a patent which claims that human biological product.

    DATES:

    Anyone with knowledge that any of the dates as published (see the SUPPLEMENTARY INFORMATION section) are incorrect may submit either electronic or written comments and ask for a redetermination by February 16, 2016. Furthermore, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period by June 13, 2016. See “Petitions” in the SUPPLEMENTARY INFORMATION section for more information.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    • Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2013-E-1575 for “Determination of Regulatory Review Period for Purposes of Patent Extension; RAXIBACUMAB”. 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:

    Beverly Friedman, Office of Regulatory Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6250, Silver Spring, MD 20993, 301-796-3600.

    SUPPLEMENTARY INFORMATION:

    I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417) and the Generic Animal Drug and Patent Term Restoration Act (Pub. L. 100-670) generally provide that a patent may be extended for a period of up to 5 years so long as the patented item (human drug product, animal drug product, medical device, food additive, or color additive) was subject to regulatory review by FDA before the item was marketed. Under these acts, a product's regulatory review period forms the basis for determining the amount of extension an applicant may receive.

    A regulatory review period consists of two periods of time: A testing phase and an approval phase. For human biological products, the testing phase begins when the exemption to permit the clinical investigations of the biological becomes effective and runs until the approval phase begins. The approval phase starts with the initial submission of an application to market the human biological product and continues until FDA grants permission to market the biological product. Although only a portion of a regulatory review period may count toward the actual amount of extension that the Director of USPTO may award (for example, half the testing phase must be subtracted as well as any time that may have occurred before the patent was issued), FDA's determination of the length of a regulatory review period for a human biological product will include all of the testing phase and approval phase as specified in 35 U.S.C. 156(g)(1)(B).

    FDA has approved for marketing the human biologic product RAXIBACUMAB (raxibacumab). RAXIBACUMAB is indicated for treatment of adult and pediatric patients with inhalational anthrax due to Bacillus anthracis in combination with appropriate antibacterial drugs, and for prophylaxis of inhalational anthrax when alternative therapies are not available or are not appropriate. Subsequent to this approval, the USPTO received a patent term restoration application for RAXIBACUMAB (U.S. Patent No. 7,906,119) from Human Genome Sciences, and the USPTO requested FDA's assistance in determining this patent's eligibility for patent term restoration. In a letter dated January 31, 2014, FDA advised the USPTO that this human biological product had undergone a regulatory review period and that the approval of RAXIBACUMAB represented the first permitted commercial marketing or use of the product. Thereafter, the USPTO requested that FDA determine the product's regulatory review period.

    II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for RAXIBACUMAB is 3,465 days. Of this time, 2,154 days occurred during the testing phase of the regulatory review period, while 1,311 days occurred during the approval phase. These periods of time were derived from the following dates:

    1. The date an exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) became effective: June 22, 2003. The applicant claims July 18, 2003, as the date the investigational new drug application (IND) became effective. However, FDA records indicate that the IND effective date was June 22, 2003, which was 30 days after FDA receipt of the IND.

    2. The date the application was initially submitted with respect to the human biological product under section 351 of the Public Health Service Act (42 U.S.C. 262): May 14, 2009. The applicant claims June 15, 2012, as the date the biologics license application (BLA) for RAXIBACUMAB (BLA 125349/0) was initially submitted. However, FDA records indicate that BLA 125349/0 was submitted on May 14, 2009.

    3. The date the application was approved: December 14, 2012. FDA has verified the applicant's claim that BLA 125349/0 was approved on December 14, 2012.

    This determination of the regulatory review period establishes the maximum potential length of a patent extension. However, the USPTO applies several statutory limitations in its calculations of the actual period for patent extension. In its application for patent extension, this applicant seeks 412 days of patent term extension.

    III. Petitions

    Anyone with knowledge that any of the dates as published are incorrect may submit either electronic or written comments and ask for a redetermination (see DATES). Furthermore, any interested person may petition FDA for a determination regarding whether the applicant for extension acted with due diligence during the regulatory review period. To meet its burden, the petition must be timely (see DATES) and contain sufficient facts to merit an FDA investigation. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42, 1984.) Petitions should be in the format specified in 21 CFR 10.30.

    Submit petitions electronically to http://www.regulations.gov at Docket No. FDA-2013-S-0610. Submit written petitions (two copies are required) to the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. Petitions that have not been made publicly available on http://www.regulations.gov may be viewed in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: December 7, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-31400 Filed 12-14-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2013-D-1143] Use of Nucleic Acid Tests To Reduce the Risk of Transmission of West Nile Virus From Living Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products; Draft Guidance for Industry; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of availability.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is announcing the availability of a draft document entitled “Use of Nucleic Acid Tests to Reduce the Risk of Transmission of West Nile Virus from Living Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps); Draft Guidance for Industry.” The draft guidance document provides establishments that make donor eligibility determinations for donors of HCT/Ps with recommendations for testing living donors for West Nile Virus (WNV). The draft guidance recommends the use of an FDA-licensed nucleic acid test (NAT) to test living donors of HCT/Ps for evidence of infection with WNV. The guidance does not provide recommendations regarding testing of cadaveric HCT/P donors for WNV. The draft guidance replaces the draft guidance entitled “Draft Guidance for Industry: Use of Nucleic Acid Tests to Reduce the Risk of Transmission of West Nile Virus from Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps)” dated October 2013. The donor testing recommendations in the draft guidance, when finalized, will supplement the donor screening recommendations for WNV (which will remain in place) and supersede the “West Nile Virus (WNV)” section in Appendix 6 of the guidance entitled “Guidance for Industry: Eligibility Determination for Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps)” dated August 2007 (2007 Donor Eligibility Guidance).

    DATES:

    Although you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance, submit either electronic or written comments on the draft guidance by March 14, 2016.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    • Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2013-D-1143 for “Use of Nucleic Acid Tests to Reduce the Risk of Transmission of West Nile Virus from Living Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps); Draft Guidance for Industry.” 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.

    Submit written requests for single copies of the draft guidance to the Office of Communication, Outreach and Development, Center for Biologics Evaluation and Research (CBER), Food and Drug Administration, 10903 New Hampshire Ave. Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist the office in processing your requests. The draft guidance may also be obtained by mail by calling CBER at 1-800-835-4709 or 240-402-8010. See the SUPPLEMENTARY INFORMATION section for electronic access to the draft guidance document.

    FOR FURTHER INFORMATION CONTACT:

    Jonathan McKnight, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave. Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911.

    SUPPLEMENTARY INFORMATION:

    I. Background

    FDA is announcing the availability of a draft document entitled “Use of Nucleic Acid Tests to Reduce the Risk of Transmission of West Nile Virus From Living Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps); Draft Guidance for Industry.” The draft guidance document provides establishments that make donor eligibility determinations for donors of HCT/Ps with recommendations for testing living donors for WNV. The draft guidance recommends an FDA-licensed NAT to test living donors of HCT/Ps for evidence of infection with WNV. The guidance does not provide recommendations regarding testing of cadaveric HCT/P donors for WNV. FDA believes that the use of an FDA-licensed NAT will reduce the risk of transmission of WNV from living donors of HCT/Ps and therefore recommends that you use an FDA-licensed NAT for testing living donors of HCT/Ps for infection with WNV. The 2007 Donor Eligibility Guidance indicated that FDA may recommend routine use of an appropriate, licensed donor screening test(s) to detect acute infections with WNV using NAT technology, once such tests were available.

    In the Federal Register of October 24, 2013 (78 FR 63476), FDA announced the availability of the draft guidance entitled “Draft Guidance for Industry: Use of Nucleic Acid Tests to Reduce the Risk of Transmission of West Nile Virus from Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps)” dated October 2013 (October 2013 draft guidance). FDA received several comments on the draft guidance and those comments were considered as this draft guidance was developed.

    In the Federal Register of February 28, 2007 (72 FR 9007), FDA announced the availability of the 2007 Donor Eligibility Guidance. FDA issued a revised version of this guidance under the same title, dated August 2007 (2007 Donor Eligibility Guidance).

    The draft guidance announced in this notice replaces the October 2013 draft guidance and when finalized, will supplement sections IV.E. (recommendations 15 and 16), IV.F. (recommendation 5), and supersede the “West Nile Virus (WNV)” section in Appendix 6 of the 2007 Donor Eligibility Guidance.

    The draft guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The draft guidance, when finalized, will represent the current thinking of FDA on “Use of Nucleic Acid Tests to Reduce the Risk of Transmission of West Nile Virus from Living Donors of Human Cells, Tissues, and Cellular and Tissue-Based Products (HCT/Ps); Draft Guidance for Industry.” It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations.

    II. Electronic Access

    Persons with access to the Internet may obtain the draft guidance at either http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

    Dated: December 8, 2015. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2015-31405 Filed 12-14-15; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service [OMB Control Number 0917-0034] Request for Public Comment: 30-Day Proposed Information Collection: Indian Health Service (IHS) Sharing What Works—Best Practice, Promising Practice, and Local Effort (BPPPLE) Form AGENCY:

    Indian Health Service, HHS.

    ACTION:

    Notice; correction.

    SUMMARY:

    The Indian Health Service published a 30 day Federal Register notice in the Federal Register (FR) on November 17, 2015 (80 FR 71813) to solicit comments from the general public on the information collection titled, “Indian Health Service (IHS) Sharing What Works—Best Practice, Promising Practice, and Local Effort (BPPPLE) Form,” Office of Management and Budget (OMB) Control Number 0917-0034. The notice was submitted before the 60 day FR notice comment period for the same information collection ends on December 8, 2015. Therefore, the correct date for the deadline to submit comments regarding the 30 day FR notice is January 9, 2016.

    ADDRESSES:

    Direct Your Comments to OMB: Send your comments and suggestions regarding the proposed information collection contained in this notice, especially regarding the estimated public burden and associated response time to: Office of Management and Budget, Office of Regulatory Affairs, New Executive Office Building, Room 10235, Washington, DC 20503, Attention: Desk Officer for IHS.

    FOR FURTHER INFORMATION CONTACT:

    To request additional information, please contact Tamara Clay by one of the following methods:

    Mail: Tamara Clay, Information Collection Clearance Officer, Indian Health Service, Office of Management Services, Division of Regulatory Affairs, 5600 Fishers Lane, Rockville, Mail Stop 09E70, MD 20857.

    Phone: 301-443-4750.

    Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Corrections

    In the Federal Register of November 17, in FR Doc. 2015-29251, on page 71814, in the middle column, under the heading Comment Due Date, the due date is corrected to read as January 9, 2016.

    Dated: December 4, 2015. Robert G. McSwain, Principal Deputy Director, Indian Health Service.
    [FR Doc. 2015-31534 Filed 12-14-15; 8:45 am] BILLING CODE 4165-16-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel, NIAID Clinical Trial Implementation Cooperative Agreement (U01).

    Date: January 22, 2016.

    Time: 10:00 a.m. to 1:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 5601 Fishers Lane, Rockville, MD 20892, (Telephone Conference Call).

    Contact Person: Paul A. Amstad, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, Room 3G41, NIAID/NIH/DHHS, 5601 Fishers Lane, Bethesda, MD 20892-7616, 240-669-5067, [email protected].

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel, NIAID Investigator Initiated Program Project Applications (P01).

    Date: January 22, 2016.

    Time: 1:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 5601 Fishers Lane, Rockville, MD 20892, (Telephone Conference Call).

    Contact Person: Paul A. Amstad, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, Room 3G41, NIAID/NIH/DHHS, 5601 Fishers Lane, Bethesda, MD 20892-7616, 240-669-5067, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)
    Dated: December 9, 2015. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-31434 Filed 12-14-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel.

    Date: January 28, 2016.

    Time: 1:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Room 4H100, 5601 Fishers Lane, Rockville, MD 20892, (Virtual Meeting).

    Contact Person: Amir Emanuel Zeituni, Ph.D., Scientific Review Program, DEA/NIAID/NIH/DHHS, 5601 Fishers Lane, MSC-9834, Rockville, MD 20852, 301-496-2550.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)
    Dated: December 9, 2015. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-31435 Filed 12-14-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Proposed Collection; 60-Day Comment Request; The Impact of Clinical Research Training and Medical Education at the Clinical Center on Physician Careers in Academia and Clinical Research (CC) SUMMARY:

    In compliance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, for opportunity for public comment on proposed data collection projects, the Clinical Center, the National Institutes of Health (NIH) will publish periodic summaries of proposed projects to be submitted to the Office of Management and Budget (OMB) for review and approval.

    To Submit Comments and for Further Information: Written comments and/or suggestions from the public and affected agencies should address one or more of the following points: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility; (2) 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; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. To request more information on the proposed project or to obtain a copy of the data collection plans and instruments, contact: Robert M. Lembo, MD, Office of Clinical Research Training and Medical Education, NIH Clinical Center, National Institutes of Health, 10 Center Drive, Room 1N252C, Bethesda, MD 20892-1158, or call non-toll-free number (301) 496-2636, or Email your request, including your address to: [email protected]. Formal requests for additional plans and instruments must be requested in writing.

    Comments Due Date: Comments regarding this information collection are best assured of having their full effect if received within 60 days of the date of this publication.

    Proposed Collection: The Impact of Clinical Research Training and Medical Education at the Clinical Center on Physician Careers in Academia and Clinical Research, Revision OMB#0925-0602 Expiration Date: 3/31/16, Clinical Center (CC), National Institutes of Health (NIH).

    Need and Use of Information Collection: The information collected will allow continued assessment of the value of the training provided by the Office of Clinical Research Training and Medical Education (OCRTME) at the NIH Clinical Center and the extent to which this training promotes (a) patient safety; (b) research productivity and independence; and (c) future career development within clinical, translational, and academic research settings. The information received from respondents is presented to, evaluated by, and incorporated into the ongoing operational improvement efforts of the Director of the Office of Clinical Research Training and Education, and the Clinical Center Director. This information will enable the ongoing operational improvement efforts of the OCRTME and its commitment to providing clinical research training and medical education of the highest quality to each trainee.

    OMB approval is requested for 3 years. There are no costs to respondents other than their time. The total estimated annualized burden hours: 320.

    Type of respondents Estimated number of respondents Estimated number of responses per respondent Average burden hours per
  • response
  • Estimated total annual burden hours requested
    Doctoral Level 515 1 20/60 172 Students 415 1 20/60 138 Other 30 1 20/60 10
    Dated: December 7, 2015. Laura Lee, Project Clearance Liaison, Warren Grant Magnuson Clinical Center, National Institutes of Health.
    [FR Doc. 2015-31631 Filed 12-14-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; Notice of Meetings

    Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of meetings of the AIDS Research Advisory Committee, NIAID.

    The meetings will be open to the public, 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.

    Name of Committee: AIDS Research Advisory Committee, NIAID.

    Date: January 25, 2016.

    Time: 1:00 p.m. to 5:00 p.m.

    Agenda: Reports from the Division Director and other staff.

    Place: National Institutes of Health, Natcher Building, Conference Rooms E1/E2, 45 Center Drive, Bethesda, MD 20892.

    Contact Person: Mark A. Mueller, Executive Secretary, AIDS Research Advisory Committee Division of AIDS, NIAID/NIH, 5601 Fishers Lane, RM 8D39 Bethesda, MD 20892, 301-402-2308, [email protected]

    Name of Committee: AIDS Research Advisory Committee, NIAID.

    Date: June 6, 2016.

    Time: 1:00 p.m. to 5:00 p.m.

    Agenda: Reports from the Division Director and other staff.

    Place: National Institutes of Health, Natcher Building, Conference Rooms E1/E2, 45 Center Drive, Bethesda, MD 20892.

    Contact Person: Mark A. Mueller, Executive Secretary, AIDS Research Advisory Committee, Division of AIDS, NIAID/NIH, 5601 Fishers Lane, RM 8D39 Bethesda, MD 20892, 301-402-2308, [email protected]

    Name of Committee: AIDS Research Advisory Committee, NIAID.

    Date: September 12, 2016.

    Time: 1:00 p.m. to 5:00 p.m.

    Agenda: Reports from the Division Director and other staff.

    Place: National Institutes of Health, Natcher Building, Conference Rooms E1/E2, 45 Center Drive, Bethesda, MD 20892.

    Contact Person: Mark A. Mueller, Executive Secretary, AIDS Research Advisory Committee, Division of AIDS, NIAID/NIH, 5601 Fishers Lane, Rm 8D39 Bethesda, MD 20892, 301-402-2308, [email protected]

    In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)
    Dated: December 8, 2015. Natasha Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2015-31436 Filed 12-14-15; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4245-DR; Docket ID FEMA-2015-0002] Texas; Major Disaster and Related Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This is a notice of the Presidential declaration of a major disaster for the State of Texas (FEMA-4245-DR), dated November 25, 2015, and related determinations.

    DATES:

    Effective Date: November 25, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that, in a letter dated November 25, 2015, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), as follows:

    I have determined that the damage in certain areas of the State of Texas resulting from severe storms, tornadoes, straight-line winds, and flooding during the period of October 22-31, 2015, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”). Therefore, I declare that such a major disaster exists in the State of Texas.

    In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.

    You are authorized to provide Individual Assistance in the designated areas and Hazard Mitigation throughout the State. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation and Other Needs Assistance will be limited to 75 percent of the total eligible costs.

    Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.

    The time period prescribed for the implementation of section 310(a), Priority to Certain Applications for Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed six months after the date of this declaration.

    The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Kevin L. Hannes, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster.

    The following areas of the State of Texas have been designated as adversely affected by this major disaster:

    Bastrop, Brazoria, Caldwell, Comal, Galveston, Guadalupe, Hardin, Harris, Hays, Hidalgo, Liberty, Navarro, Travis, Willacy, and Wilson Counties for Individual Assistance.

    All areas within the State of Texas are eligible for assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

    W. Craig Fugate, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2015-31535 Filed 12-14-15; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2008-0010] Board of Visitors for the National Fire Academy AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Committee Management; Request for Applicants for Appointment to the Board of Visitors for the National Fire Academy.

    SUMMARY:

    The National Fire Academy (Academy) is requesting individuals who are interested in serving on the Board of Visitors for the National Fire Academy (Board) to apply for appointment as identified in this notice. Pursuant to the Federal Fire Prevention and Control Act of 1974, the Board shall review annually the programs of the Academy and shall make recommendations to the Administrator, Federal Emergency Management Agency (FEMA), through the United State Fire Administrator, regarding the operation of the Academy and any improvements that the Board deems appropriate. The Board is composed of eight (8) members, all of whom are experts and leaders in the fields of fire safety, fire prevention, fire control, research and development in fire protection, treatment and rehabilitation of fire victims, or local government services management, which includes emergency medical services. The Academy seeks to appoint individuals to three (3) positions on the Board that will be open due to term expiration. If other positions are vacated during the application process, candidates may be selected from the pool of applicants to fill the vacated positions.

    DATES:

    Applications will be accepted until 11:59 p.m. EST January 14, 2016.

    ADDRESSES:

    The preferred method of submission is via email. However, applications may also be submitted by fax or mail. Please only submit by ONE of the following methods:

    Email: [email protected]

    Fax: 301-447-1834.

    Mail: National Fire Academy, U.S. Fire Administration, Attention: Ruth MacPhail, 16825 South Seton Avenue, Emmitsburg, Maryland 21727-8998.

    FOR FURTHER INFORMATION CONTACT:

    Kirby Kiefer, Alternate Designated Federal Officer, National Fire Academy, 16825 South Seton Avenue, Emmitsburg, Maryland 21727-8998; telephone 301-447-1117; and email [email protected]

    SUPPLEMENTARY INFORMATION:

    The Board is an advisory committee established in accordance with the provision of the Federal Advisory Committee Act (FACA), 5 U.S.C. Appendix. The purpose of the Board is to review annually the programs of the Academy and advise the FEMA Administrator on the operation of the Academy and any improvements therein that the Board deems appropriate. In carrying out its responsibilities, the Board examines Academy programs to determine whether these programs further the basic missions that are approved by the FEMA Administrator, examines the physical plant of the Academy to determine the adequacy of the Academy's facilities, and examines the funding levels for NFA programs. The Board submits a written annual report through the United States Fire Administrator to the FEMA Administrator. The report provides detailed comments and recommendations regarding the operation of the Academy.

    Individuals who are interested in serving on the Board are invited to apply for consideration for appointment. There is no application form; however, a current resume will be required. Incomplete applications will not be considered. The appointment shall be for a term of up to three years. Individuals selected for appointment shall serve as Special Government Employees (SGEs), defined in section 202(a) of title 18, United States Code. Candidates selected for appointment will be required to complete a Confidential Financial Disclosure Form (Office of Government Ethics (OGE) Form 450).

    The Board shall meet as often as needed to fulfill its mission, but not less than twice each fiscal year to address its objectives and duties. The Board will meet in person at least once each fiscal year with additional meetings held via teleconference. Board members may be reimbursed for travel and per diem incurred in the performance of their duties as members of the Board. All travel for Board business must be approved in advance by the Designated Federal Officer. To the extent practical, Board members shall serve on any subcommittee that is established.

    FEMA does not discriminate in employment on the basis of race, color, religion, sex, national origin, political affiliation, sexual orientation, gender identity, marital status, disability and genetic information, age, membership in an employee organization, or other non-merit factor. FEMA strives to achieve a diverse candidate pool for all its recruitment actions.

    Current DHS and FEMA employees, FEMA Disaster Assistance Employees, FEMA Reservists, and DHS and FEMA contractors and potential contractors will not be considered for membership. Federally registered lobbyists will not be considered for SGE appointments.

    Dated: December 4, 2015. Kirby E. Kiefer, Acting Superintendent, National Fire Academy, United States Fire Administration, Federal Emergency Management Agency.
    [FR Doc. 2015-31533 Filed 12-14-15; 8:45 am] BILLING CODE 9111-45-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4192-DR; Docket ID FEMA-2015-0002] American Samoa; Amendment No. 1 to Notice of a Major Disaster Declaration AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice amends the notice of a major disaster for the Territory of American Samoa (FEMA-4192-DR), dated September 10, 2014, and related determinations.

    DATES:

    Effective Date: November 24, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that special cost sharing arrangements are warranted regarding Federal funds provided under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206 (Stafford Act). Therefore, consistent with 48 U.S.C. 1469a(d), pertaining to insular areas, and the President's declaration letter dated September 10, 2014, Federal funds for the Hazard Mitigation Grant Program are authorized at 100 percent of total eligible costs for the Territory of American Samoa. This cost share is effective as of the date of the President's major disaster declaration.

    (The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.) W. Craig Fugate, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2015-31536 Filed 12-14-15; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Transportation Security Administration [Docket No. TSA-2004-19515] Intent To Request Renewal From OMB of One Current Public Collection of Information: Air Cargo Security Requirements AGENCY:

    Transportation Security Administration, DHS.

    ACTION:

    60-Day notice.

    SUMMARY:

    The Transportation Security Administration (TSA) invites public comment on one currently approved Information Collection Request (ICR), OMB control number 1652-0040, abstracted below that we will submit to the Office of Management and Budget (OMB) for a revision in compliance with the Paperwork Reduction Act. The ICR describes the nature of the information collection and its expected burden. This ICR involves three broad categories of affected populations operating under a security program: Aircraft operators, foreign air carriers, and indirect air carriers. The collections of information that make up this ICR include security programs, security threat assessments (STA) on certain individuals, known shipper data via the Known Shipper Management System (KSMS), Indirect Air Carrier Management System (IACMS), and evidence of compliance recordkeeping. TSA seeks continued OMB approval in order to secure passenger aircraft carrying cargo as authorized in the Aviation and Transportation Security Act.

    DATES:

    Send your comments by February 16, 2016.

    ADDRESSES:

    Comments may be emailed to [email protected] or delivered to the TSA PRA Officer, Office of Information Technology (OIT), TSA-11, Transportation Security Administration, 601 South 12th Street, Arlington, VA 20598-6011.

    FOR FURTHER INFORMATION CONTACT:

    Christina A. Walsh at the above address, or by telephone (571) 227-2062.

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The ICR documentation is available at www.reginfo.gov. Therefore, in preparation for OMB review and approval of the following information collection, TSA is soliciting comments to—

    (1) Evaluate whether the proposed information requirement is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) Evaluate the accuracy of the agency's estimate of the burden;

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

    (4) Minimize the burden of the collection of information on those who are to respond, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Information Collection Requirement

    OMB Control Number 1652-0040 Air Cargo Security requirements, 49 CFR parts 1515, 1540, 1542, 1544, 1546, and 1548. The Aviation and Transportation Security Act (ATSA), requires TSA: (1) To provide for screening of all property, including U.S. mail, cargo, carry-on and checked baggage, and other articles, that will be carried aboard a passenger aircraft; and (2) to establish a system to screen, inspect, report, or otherwise ensure the security of all cargo that is to be transported in all-cargo aircraft as soon as practicable. See ATSA sec. 110 as codified at 49 U.S.C. 44901(a) and (f). These provisions were further amended by the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act), to require 50 percent of cargo transported on passenger aircraft be screened by February 2009, and 100 percent of such cargo to be screened by August 2010. See 9/11 Act sec. 1602(a) as codified at 49 U.S.C. 44901(g). Collections of information associated with the 9/11 Act requirements fall under OMB control number 1652-0053.

    TSA must proceed with this ICR in order to meet the Congressional mandates and continue to enforce current TSA regulations covering the acceptance, handling, and screening of cargo transported by air. The uninterrupted collection of this information will allow TSA to continue to ensure implementation of these vital security measures for the protection of the traveling public. TSA also is revising the collection to include information select regulated entities operating under certain amendments to their aircraft operator and foreign air carrier security programs must provide to TSA detailing screening volumes and the methodology utilized to arrive at these volumes, as well as demonstrating progress toward full compliance with the cargo security measures specified in such amendments.

    Data Collection

    This information collection requires the “regulated entities,” which includes aircraft operators, foreign air carriers, and indirect air carriers (IACs), to collect certain information as part of the implementation of a standard security program, to submit modifications to the standard security program to TSA for approval, and update such programs as necessary. As part of these security programs, the regulated entities must also collect personal information and submit such information to TSA so that TSA may conduct STAs on individuals with unescorted access to cargo. This includes each individual who is a general partner, officer, or director of an IAC or an applicant to be an IAC, and certain owners of an IAC or an applicant to be an IAC; and any individual who has responsibility for screening cargo under 49 CFR parts 1544, 1546, or 1548.

    Further, both companies and individuals whom aircraft operators, foreign air carriers, and IACs have qualified to ship cargo on passenger aircraft, also referred to as “known shippers,” must submit information to TSA, This information is collected electronically through the KSMS. In accordance with TSA security program requirements, regulated entities may use an alternate manual submission method to identify known shippers.

    Regulated entities must also enter into IACMS the information required from applicants requesting to be approved as IACs in accordance with 49 CFR 1548.7 and the information required for their IAC annual renewal. Regulated entities must also maintain records, including records pertaining to security programs, training, and compliance to demonstrate adherence with the regulatory requirements. These records must be made available to TSA upon request. The forms used in this collection of information include the Aviation Security Known Shipper Verification Form and the Security Threat Assessment Application.

    Finally, select regulated entities operating under certain amendments to their aircraft operator and foreign air carrier security programs must provide information detailing screening volumes and the methodology utilized to arrive at these volumes, as well as demonstrating progress toward full compliance with the cargo security measures specified in such amendments. In light of current security threats, the collection of this information is critical.

    Estimated Burden Hours

    TSA estimates the hour burden for regulated entities associated with initial application of security programs via IACMS to be 4 hours for each of 340 average annual new entrants for an average annual hour burden of 1360 hours.

    For the STA requirement, based on a 15-minute estimate for each of the average 98,500 annual responses, TSA estimates that the average annual burden will be 24,625 hours.

    For the KSMS, given that the IAC or aircraft operator must input a name, address, and telephone number, TSA estimates it will take 2 minutes for the 476,167 electronic submissions for a total annual burden of 15,872 hours. Also for KSMS, TSA estimates it will take one hour for the 8,000 manual submissions for a total annual burden of 8,000 hours.

    TSA estimates the hour burden associated with the security program renewals via IACMS to be 4 hours for each of the 4,100 IACs for an average annual hour burden of 16,400 hours. TSA estimates one percent of IACs (41) will file an appeal of rejected or incomplete renewals at 5 hours per appeal for an average annual hour burden of 205 hours.

    For the record keeping requirement, based on a 5-minute estimate for each of the 98,500 annual responses, TSA estimates that the total average annual burden will be 8,208 hours.

    For the cargo screening reports to be submitted by select aircraft operators and foreign air carriers operating under amendments to their security programs, TSA estimates that 10 air carriers will compile the required cargo screening information at an estimated time of one hour each per week with estimated annual burden of 520 hours (10 × 52).

    Dated: December 9, 2015. Christina A. Walsh, TSA Paperwork Reduction Act Officer, Office of Information Technology.
    [FR Doc. 2015-31410 Filed 12-14-15; 8:45 am] BILLING CODE 9110-05-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5831-N-61] 30-Day Notice of Proposed Information Collection: Housing Choice Voucher Program 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 14, 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 57012.

    A. Overview of Information Collection

    Title of Information Collection: Housing Choice Voucher (HCV) Program.

    OMB Approval Number: 2577-0169.

    Type of Request: Revision of currently approved collection with changes that include portability paperwork, inclusion of the information or briefing packet, and testing a new inspection protocol for HCV units.

    Form Numbers: HUD-52515, HUD-52667, HUD-52580, HUD-52580-A, HUD-52517, HUD-52646, HUD-52665, HUD-52641, HUD-52641-A, HUD 52642, HUD 52649, HUD 52531A and B, HUD 52530A, HUD 52530B, HUD 52530C, HUD 52578B. Please note that form HUD-52665 (Family Portability Information) has been revised to Incorporate changes in the HCV Program; Streamlining the Portability Process, Final Rule published in the Federal Register on August 20, 2015. No burden hours were added.

    Description of the need for the information and proposed use: Public Housing Agencies (PHA) will prepare an application for funding which specifies the number of units requested, as well as the PHA's objectives and plans for administering the HCV program. The application is reviewed by HUD Headquarters and HUD Field Offices and ranked according to the PHA's administrative capability, the need for housing assistance, and other factors specified in a notice of funding availability. The PHAs must establish a utility allowance schedule for all utilities and other services. Units must be inspected using HUD-prescribed forms to determine if the units meet the housing quality standards (HQS) of the HCV program. In addition, HUD will be testing an alternative protocol for conducting housing inspections at up to 250 PHAs, using HUD-provided software. The alternative protocol is intended to standardize inspections between PHAs and create a more objective list of unit deficiencies for inspectors to use. The amount of time it takes PHAs to perform the inspection using the existing set of standards and protocols and to perform the inspection under alternative inspection protocol is equivalent; therefore there is no increase in burden hours.

    After the family is issued a HCV to search for a unit pursuant to attending a briefing and receiving an information packet, the family must complete and submit to the PHA a Request for Tenancy Approval when it finds a unit which is suitable for its needs. Initial PHAs will use a standardized form to submit portability information to the receiving PHA who will also use the form for monthly portability billing. PHAs and owners will enter into housing assistance payments (HAP) contract each providing information on rents, payments, certifications, notifications, and owner agreement in a form acceptable to the PHA. A tenancy addendum is included in the HAP contract as well as incorporated in the lease between the owner and the family. Families that participate in the Homeownership option will execute a statement regarding their responsibilities and execute contracts of sale including an additional contract of sale for new construction units. PHAs participating in the project-based voucher (PBV) program will enter into Agreements with developing owners, HAP contracts with the existing and New Construction/Rehabilitation owners, Statement of Family Responsibility with the family and a lease addendum will be provided for execution between the family and the owner.

    Respondents (i.e. affected public): State and Local Governments, businesses or other non-profits.

    Estimated Number of Respondents: 2,224 PHAs.

    Estimated Number of Responses: 3,304,737.

    Frequency of Response: Varies by form.

    Average Hours per Response: .48 hours.

    Total Estimated Burdens Hours: 1,589,124 .

    Information collection Number of
  • respondents
  • Frequency of response Responses per annum Burden hour per response Annual burden hours Hourly cost per response Annual cost
    2,224 Varies 3,304,737 .48 1,589,124 $20 $31,782,480 Total 2,224 Varies 3,304,737 .48 1,589,124 $20 $31,782,480
    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: December 9, 2015. Colette Pollard, Department Reports Management Officer, Office of the Chief Information Officer.
    [FR Doc. 2015-31506 Filed 12-14-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5831-N-63] 30-Day Notice of Proposed Information Collection: Contractor's Requisition-Project Mortgages 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 14, 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 October 02, 2015 at 80 FR 59808.

    A. Overview of Information Collection

    Title of Information Collection: Contractor's Requisition-Project Mortgages.

    OMB Approval Number: 2502-0028.

    Type of Request: Extension of currently approved collection.

    Form Numbers: HUD-92448.

    Description of the need for the information and proposed use: Contractor's submit a monthly application for distribution of insured mortgage proceeds for construction costs. Multifamily Hub Centers ensure that the work is actually completed satisfactory.

    Respondents (i.e. affected public): Businesses or other for-profits.

    Estimated Number of Respondents: 1,325.

    Estimated Number of Responses: 15,900.

    Frequency of Response: 12.

    Average Hours per Response: 6.

    Total Estimated Burdens Hours: 95,400.

    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. chapter 35.

    Dated: December 9, 2015. Colette Pollard, Department Reports Management Officer, Office of the Chief Information Officer.
    [FR Doc. 2015-31508 Filed 12-14-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5837-N-05] 60-Day Notice of Proposed Information Collection: Statutorily-Mandated Collection of Information for Tenants in LIHTC Properties AGENCY:

    Office of the Policy Development and Research, 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 16, 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:

    Colette Pollard, Reports Management Officer, QDAM, 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.

    A. Overview of Information Collection

    Title of Information Collection: Statutorily-Mandated Collection of Information for Tenants in LIHTC Properties.

    OMB Approval Number: 2528-0165.

    Type of Request: Revision.

    Form Number: HUD-52695 (HUD LIHTC Database Data Collection Form); HUD-52697 (HUD LIHTC Tenant Data Collection Form).

    Description of the need for the information and proposed use: Section 2835(d) of the Housing and Economic Recovery Act, or HERA, (Pub. L. 110-289, approved July 30, 2008) amends Title I of the U.S. Housing Act of 1937 (42 U.S.C. 1437 et seq.) (1937 Act) to add a new section 36 (codified as 42 U.S.C. 1437z-8) that requires each state agency administering tax credits under section 42 of the Internal Revenue Code of 1986 (low-income housing tax credits or LIHTC) to furnish HUD, not less than annually, information concerning the race, ethnicity, family composition, age, income, use of rental assistance under section 8(o) of the U.S. Housing Act of 1937 or other similar assistance, disability status, and monthly rental payments of households residing in each property receiving such credits through such agency.

    New section 36 requires HUD to establish standards and definitions for the information to be collected by state agencies and to provide states with technical assistance in establishing systems to compile and submit such information and, in coordination with other federal agencies administering housing programs, establish procedures to minimize duplicative reporting requirements for properties assisted under multiple housing programs. In 2010, OMB approved the first collection instrument used for the collection of LIHTC household information (expiration date 05/31/2013). HUD used the previously approved form to collect data on LIHTC tenants in 2010, 2011 and 2012. The form was approved with minor changes in 2013 with an expiration of 6/30/2016. Renewal of this form is required for HUD to remain in compliance with the statute.

    Respondents: State and local LIHTC administering agencies.

    Estimated Number of Respondents: 59.

    Estimated Number of Responses: 118.

    Frequency of Response: Annual.

    Average Hours per Response: 48.

    Total Estimated Burdens: 2,832 hours.

    Information collection Number of
  • respondents
  • Frequency of response Responses per annum Burden hour per response Annual burden hours Hourly cost per response Annual cost
    52695 (Tenant) 59 1 1 40 2360 $34.02 $80,287 52697 (Property) 59 1 1 8 472 34.02 16,057 Total 48 2,832 96,344
    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: December 8, 2015. Katherine M. O'Regan, Assistant Secretary for Policy Development and Research.
    [FR Doc. 2015-31505 Filed 12-14-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5831-N-62] 30-Day Notice of Proposed Information Collection: Application for Rural Capacity Building for Community Development and Affordable Housing NOFA 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 14, 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 October 02, 2015 at 80 FR 59807.

    A. Overview of Information Collection

    Title of Information Collection: Application for Rural Capacity Building for Community Development and Affordable Housing NOFA.

    OMB Approval Number: 2506-0195.

    Type of Request: Extension of currently approved collection.

    Form Numbers: N/A.

    Description of the need for the information and proposed use: The Rural Capacity Building for Community Development and Affordable Housing (RCB) program and the funding made available have been authorized by the Annual Appropriations Acts each year since Fiscal Year 2012. The competitive funds are awarded to national not-for-profit organizations through a Notice of Funding Availability (NOFA) to carry out eligible activities related to community development and affordable housing projects and programs. Applicants are required to submit certain information as part of their application for assistance. Without this information, it would be impossible to determine which applicants were eligible for award.

    Respondents (i.e. affected public): National organizations with expertise in rural housing and community development, including experience working with rural housing development organizations, community development corporations (CDCs), community housing development organizations (CHDOs), local governments, and Indian tribes.

    Estimated Number of Respondents: 30.

    Estimated Number of Responses: 1.

    Frequency of Response: Annual.

    Average Hours per Response: 40.

    Total Estimated Burdens Hours: 1200 hours.

    Information collection Number of
  • respondents
  • Frequency of response Responses per annum Burden hour per response Annual burden hours Hourly cost per response Annual cost
    Total 30 1 1 40 1200 $45 $54,000
    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. chapter 35.

    Dated: December 9, 2015. Colette Pollard, Department Reports Management Officer, Office of the Chief Information Officer.
    [FR Doc. 2015-31507 Filed 12-14-15; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [167A2100DD/AAKC001030/A0A501010.999900 253G] HEARTH Act Approval of Gila River Indian Community Regulations AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice.

    SUMMARY:

    On November 20, 2015, the Bureau of Indian Affairs (BIA) approved the Gila River Indian Community leasing regulations under the HEARTH Act. With this approval, the Tribe is authorized to enter into the following types of leases without BIA approval: Commercial leases and solar resource leases.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Sharlene Round Face, Bureau of Indian Affairs, Division of Real Estate Services, MS-4642-MIB, 1849 C Street NW., Washington, DC 20240, at (202) 208-3615.

    SUPPLEMENTARY INFORMATION: I. Summary of the HEARTH Act

    The HEARTH (Helping Expedite and Advance Responsible Tribal Homeownership) Act of 2012 (the Act) makes a voluntary, alternative land leasing process available to Tribes, by amending the Indian Long-Term Leasing Act of 1955, 25 U.S.C. 415. The Act authorizes Tribes to negotiate and enter into agricultural and business leases of Tribal trust lands with a primary term of 25 years, and up to two renewal terms of 25 years each, without the approval of the Secretary of the Interior. The Act also authorizes Tribes to enter into leases for residential, recreational, religious, or educational purposes for a primary term of up to 75 years without the approval of the Secretary. Participating Tribes develop Tribal leasing regulations, including an environmental review process, and then must obtain the Secretary's approval of those regulations prior to entering into leases. The Act requires the Secretary to approve Tribal regulations if the Tribal regulations are consistent with the Department's leasing regulations at 25 CFR part 162 and provide for an environmental review process that meets requirements set forth in the Act. This notice announces that the Secretary, through the Assistant Secretary—Indian Affairs, has approved the Tribal regulations for the Gila River Indian Community.

    II. Federal Preemption of State and Local Taxes

    The Department's regulations governing the surface leasing of trust and restricted Indian lands specify that, subject to applicable Federal law, permanent improvements on leased land, leasehold or possessory interests, and activities under the lease are not subject to State and local taxation and may be subject to taxation by the Indian Tribe with jurisdiction. See 25 CFR 162.017. As explained further in the preamble to the final regulations, the Federal government has a strong interest in promoting economic development, self-determination, and Tribal sovereignty. 77 FR 72440, 77 FR 72447 (December 5, 2012). The principles supporting the Federal preemption of State law in the field of Indian leasing and the taxation of lease-related interests and activities applies with equal force to leases entered into under Tribal leasing regulations approved by the Federal government pursuant to the HEARTH Act.

    Section 5 of the Indian Reorganization Act, 25 U.S.C. 465, preempts State and local taxation of permanent improvements on trust land. Confederated Tribes of the Chehalis Reservation v. Thurston County, 724 F.3d 1153, 1157 (9th Cir. 2013) (citing Mescalero Apache Tribe v. Jones, 411 U.S. 145 (1973)). Similarly, section 465 preempts state taxation of rent payments by a lessee for leased trust lands, because “tax on the payment of rent is indistinguishable from an impermissible tax on the land.” See Seminole Tribe of Florida v. Stranburg, No. 14-14524, *13-*17, n.8 (11th Cir. 2015). In addition, as explained in the preamble to the revised leasing regulations at 25 CFR part 162, Federal courts have applied a balancing test to determine whether State and local taxation of non-Indians on the reservation is preempted. White Mountain Apache Tribe v. Bracker, 448 U.S. 136, 143 (1980). The Bracker balancing test, which is conducted against a backdrop of “traditional notions of Indian self-government,” requires a particularized examination of the relevant State, Federal, and Tribal interests. We hereby adopt the Bracker analysis from the preamble to the surface leasing regulations, 77 FR 72447, as supplemented by the analysis below.

    The strong Federal and Tribal interests against State and local taxation of improvements, leaseholds, and activities on land leased under the Department's leasing regulations apply equally to improvements, leaseholds, and activities on land leased pursuant to Tribal leasing regulations approved under the HEARTH Act. Congress's overarching intent was to “allow Tribes to exercise greater control over their own land, support self-determination, and eliminate bureaucratic delays that stand in the way of homeownership and economic development in Tribal communities.” 158 Cong. Rec. H. 2682 (May 15, 2012). The HEARTH Act was intended to afford Tribes “flexibility to adapt lease terms to suit [their] business and cultural needs” and to “enable [Tribes] to approve leases quickly and efficiently.” Id. at 5-6.

    Assessment of State and local taxes would obstruct these express Federal policies supporting Tribal economic development and self-determination, and also threaten substantial Tribal interests in effective Tribal government, economic self-sufficiency, and territorial autonomy. See Michigan v. Bay Mills Indian Community, 134 S. Ct. 2024, 2043 (2014) (Sotomayor, J., concurring) (determining that “[a] key goal of the Federal Government is to render Tribes more self-sufficient, and better positioned to fund their own sovereign functions, rather than relying on Federal funding”). The additional costs of State and local taxation have a chilling effect on potential lessees, as well as on a Tribe that, as a result, might refrain from exercising its own sovereign right to impose a Tribal tax to support its infrastructure needs. See id. at 2043-44 (finding that State and local taxes greatly discourage Tribes from raising tax revenue from the same sources because the imposition of double taxation would impede Tribal economic growth).

    Just like BIA's surface leasing regulations, Tribal regulations under the HEARTH Act pervasively cover all aspects of leasing. See Guidance for the Approval of Tribal Leasing Regulations under the HEARTH Act, NPM-TRUS-29 (effective Jan. 16, 2013) (providing guidance on Federal review process to ensure consistency of proposed Tribal regulations with Part 162 regulations and listing required Tribal regulatory provisions). Furthermore, the Federal government remains involved in the Tribal land leasing process by approving the Tribal leasing regulations in the first instance and providing technical assistance, upon request by a Tribe, for the development of an environmental review process. The Secretary also retains authority to take any necessary actions to remedy violations of a lease or of the Tribal regulations, including terminating the lease or rescinding approval of the Tribal regulations and reassuming lease approval responsibilities. Moreover, the Secretary continues to review, approve, and monitor individual Indian land leases and other types of leases not covered under the Tribal regulations according to the Part 162 regulations.

    Accordingly, the Federal and Tribal interests weigh heavily in favor of preemption of State and local taxes on lease-related activities and interests, regardless of whether the lease is governed by Tribal leasing regulations or Part 162. Improvements, activities, and leasehold or possessory interests may be subject to taxation by the Gila River Indian Community.

    Dated: November 20, 2015. Kevin K. Washburn, Assistant Secretary—Indian Affairs.
    [FR Doc. 2015-31565 Filed 12-14-15; 8:45 am] BILLING CODE 4337-15-P
    DEPARTMENT OF THE INTERIOR Office of the Secretary [166D1114PD DPD000000.000000 DS62100000 DX.62101] Renewal of Information Collection for: OMB Control Number—1093-0005—Payments in Lieu of Taxes (PILT) Act, Statement of Federal Lands Payments, (43 CFR 44) AGENCY:

    Office of the Secretary, Office of Budget, Department of the Interior.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Office of Budget, Office of the Secretary, and Department of the Interior (DOI), announces the proposed extension of a public information collection required by the Payments in Lieu of Taxes (PILT) Act and seeks public comments on the provisions thereof. In compliance with the Paperwork Reduction Act of 1995, the Office of Budget has submitted a request for renewal of approval of this information collection to the Office of Management and Budget (OMB), and requests public comments on this submission.

    DATES:

    OMB has up to 60 days to approve or disapprove the information collection request, but may respond after 30 days; therefore, public comments should be submitted to OMB by January 14, 2016, in order to be assured of consideration.

    ADDRESSES:

    Send your written comments by facsimile (202) 395-5806 or email ([email protected]) to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Department of the Interior Desk Officer (1093-0005). Also, please send a copy of your comments to the U.S. Department of the Interior, Office of the Secretary, Office of Budget, Attn. Dionna Kiernan, 1849 C St. NW., MS 7413 MIB, Washington, DC 20240. Send any faxed comments to (202) 219-2849, Attn. Dionna Kiernan. Comments may also be emailed to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument should be directed to the U.S. Department of the Interior, Office of the Secretary, Office of Budget, Attn. Dionna Kiernan, 1849 C St. NW., MS 7413 MIB, Washington, DC 20240. Requests for additional information may also be emailed to [email protected] or faxed to (202) 219-2849. You may also review the information collection request online at http://www.reginfo.gov/public/do/PRAMain.

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    Public Law 97-258 (31 U.S.C. 6901-6907), as amended, the Payments in Lieu of Taxes (PILT) Act, was designed by Congress to help local governments recover some of the expenses they incur in providing services on public lands. These local governments receive funds under various Federal land payment programs such as the National Forest Revenue Act, the Mineral Lands Leasing Act, and the Taylor Grazing Act. PILT payments supplement the payments local governments receive under these other programs. The FY 2016 budget proposes a one-year extension of the current PILT program, maintaining the existing formula for calculating payments to counties. That proposal is currently pending before Congress. This renewal authority is being done in anticipation of reauthorization by Congress.

    The PILT Act requires the Governor of each State to furnish the Department of the Interior with a listing of payments disbursed to local governments by the States on behalf of the Federal Government under 12 statutes described in Section 6903 of 31 U.S.C. The Department of the Interior uses the amounts reported by the States to reduce PILT payments to units of general local governments from that which they might otherwise receive. If such listings were not furnished by the Governor of each affected State, the Department would not be able to compute the PILT payments to units of general local government within the States in question.

    In fiscal year 2004, administrative authority for the PILT program was transferred from the Bureau of Land Management to the Office of the Secretary of the Department of the Interior. Applicable DOI regulations pertaining to the PILT program to be administered by the Office of the Secretary were published as a final rule in the Federal Register on December 7, 2004 (69 FR 70557). The Office of Budget, Office of the Secretary is now planning to extend the information collection approval authority in order to enable the Department of the Interior to continue to comply with the PILT Act.

    II. Data

    (1) Title: Payments in Lieu of Taxes (PILT) Act, Statement of Federal Lands Payments, (43 CFR 44).

    OMB Control Number: 1093-0005.

    Current Expiration Date: 12/31/2015.

    Type of Review: Extension without change of a currently approved collection.

    Affected Entities: State Governments.

    Estimated annual number of responses: 45.

    Frequency of response: Annually.

    Obligation to Respond: Required to obtain or retain a benefit.

    (2) Annual reporting and record keeping burden.

    Total Annual Reporting per Respondent: 46 hours.

    Total Annual Burden Hours: 2,070 hours.

    (3) Description of the need and use of the information: The statutorily required information is needed to compute payments due units of general local government under the PILT Act (31 U.S.C. 6901-6907). The Act requires the Governor of each State to furnish a statement as to amounts paid to units of general local government under 12 revenue-sharing statutes in the prior fiscal year. The FY 2016 budget proposes a one-year extension of the current PILT program, maintaining the existing formula for calculating payments to counties. That proposal is currently pending before Congress. This renewal authority is being done in anticipation of reauthorization by Congress.

    (4) As required under 5 CFR 1320.8(d), a Federal Register notice soliciting comments on the information collection was published on August 12, 2015 (80 FR 48334). No comments were received. This notice provides the public with an additional 30 days in which to comment on the proposed information collection activity.

    III. Request for Comments

    The Department of the Interior invites comments on:

    (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (b) The accuracy of the agency's estimate of the burden of the collection and the validity of the methodology and 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 those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other collection techniques or other forms of information technology.

    “Burden” means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose, or provide information to or for a federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information.

    It is our policy to make all comments available to the public for review. Before including Personally Identifiable Information (PII), such as your address, phone number, email address, or other personal information in your comment(s), you should be aware your entire comment (including PII) may be made available to the public at any time. While you may ask us in your comment to withhold PII from public view, we cannot guarantee we will be able to do so.

    If you wish to view any comments received, you may do so by scheduling an appointment via the contact information provided in the ADDRESSES section. A valid picture identification is required for entry into the Department of the Interior, 1849 C Street NW., Washington, DC 20240.

    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 Office of Management and Budget control number.

    Dated: December 8, 2015. Olivia B. Ferriter, Deputy Assistant Secretary, Budget, Finance, Performance, and Acquisition.
    [FR Doc. 2015-31446 Filed 12-14-15; 8:45 am] BILLING CODE 4334-63-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWO35000.L14300000.ES0000] Renewal of Approved Information Collection AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    30-day notice and request for comments.

    SUMMARY:

    The Bureau of Land Management (BLM) has submitted an information collection request to the Office of Management and Budget (OMB) to continue the collection of information from applicants for land for recreation or public purposes. The Office of Management and Budget (OMB) previously approved this information collection activity, and assigned it control number 1004-0012.

    DATES:

    The OMB is required to respond to this information collection request within 60 days but may respond after 30 days. For maximum consideration, written comments should be received on or before January 14, 2016.

    ADDRESSES:

    Please submit comments directly to the Desk Officer for the Department of the Interior, OMB ID: 1004-0012, Office of Management and Budget, Office of Information and Regulatory Affairs, fax 202-395-5806, or by electronic mail at [email protected] Please provide a copy of your comments to the BLM. You may do so via mail, fax, or electronic mail.

    Mail: U.S. Department of the Interior, Bureau of Land Management, 1849 C Street NW., Room 2134LM, Attention: Jean Sonneman, Washington, DC 20240.

    Fax: To Jean Sonneman at 202-245-0050.

    Electronic mail: [email protected]

    Please indicate “Attn: 1004-0012” regardless of the form of your comments.

    FOR FURTHER INFORMATION CONTACT:

    Flora Bell, at 202-912-7347. Persons who use a telecommunication device for the deaf may call the Federal Information Relay Service at 1-800-877-8339, to leave a message for Ms. Bell. You may also review the information collection request online at http://www.reginfo.gov/public/do/PRAMain.

    SUPPLEMENTARY INFORMATION:

    The Paperwork Reduction Act (44 U.S.C. 3501-3521) and OMB regulations at 5 CFR part 1320 provide that an agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. Until OMB approves a collection of information, you are not obligated to respond. In order to obtain and renew an OMB control number, Federal agencies are required to seek public comment on information collection and recordkeeping activities (see 5 CFR 1320.8(d) and 1320.12(a)).

    As required at 5 CFR 1320.8(d), the BLM published a 60-day notice in the Federal Register on June 16, 2015 (80 FR 34454), and the comment period ended August 17, 2015. The BLM received no comments. The BLM now requests comments on the following subjects:

    1. Whether the collection of information is necessary for the proper functioning of the BLM, including whether the information will have practical utility;

    2. The accuracy of the BLM's estimate of the burden of collecting the information, including the validity of the methodology and assumptions used;

    3. The quality, utility and clarity of the information to be collected; and

    4. How to minimize the information collection burden on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other forms of information technology.

    Please send comments as directed under ADDRESSES and DATES. Please refer to OMB control number 1004-0012 in your correspondence. 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.

    The following information pertains to this request:

    Title: Application for Land for Recreation or Public Purposes (43 CFR 2740 and 2912).

    Form: 2740-1, Application for Land for Recreation or Public Purposes.

    OMB Control Number: 1004-0012.

    Abstract: The Bureau of Land Management (BLM) uses the information collection to decide whether or not to lease or sell certain public lands to applicants under the Recreation and Public Purposes Act, 43 U.S.C. 869 to 869-4. The Act authorizes the Secretary of the Interior to lease or sell, for recreational or public purposes, certain public lands to State, Territory, county, and local governments; nonprofit corporations; and nonprofit associations.

    Frequency: On occasion.

    Description of Respondents: State, Territory, country and local governments; nonprofit associations; and nonprofit corporations.

    Estimated Number of Responses Annually: 23.

    Estimated Reporting and Recordkeeping “Hour” Burden Annually: 920 hours (40 hours per application).

    Estimated Reporting and Recordkeeping “Non-Hour Cost” Burden Annually: $2,300 ($100 per application).

    Jean Sonneman, Bureau of Land Management, Information Collection Clearance Officer.
    [FR Doc. 2015-31524 Filed 12-14-15; 8:45 am] BILLING CODE 4310-84-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-CONC-19591; PPWOBSADC0, PPMVSCS1Y.Y00000] Notice of Extension of Concession Contracts AGENCY:

    National Park Service, Interior.

    ACTION:

    Public Notice.

    SUMMARY:

    The National Park Service hereby gives public notice that it proposes to extend the following expiring concession contracts for a period of up to one (1) year, or until the effective date of a new contract, whichever occurs sooner.

    DATES:

    Effective January 1, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Brian Borda, Chief, Commercial Services Program, National Park Service, 1201 Eye Street NW., 11th Floor, Washington, DC 20005, Telephone: 202-513-7156.

    SUPPLEMENTARY INFORMATION:

    All of the listed concession authorizations will expire by their terms on or before December 31, 2015. The National Park Service has determined the proposed short-term extensions are necessary to avoid interruption of visitor services and has taken all reasonable and appropriate steps to consider alternatives to avoid such interruption. The publication of this notice merely reflects the intent of the National Park Service but does not bind the National Park Service to extend any of the contracts listed below.

    CONCID Concessioner Park unit NACE005-08 Golf Course Specialist, Inc. National Mall and Memorial Parks. ACAD010-04 National Park Tours and Transport, Inc Acadia National Park. ACAD011-04 Oli's Trolley Acadia National Park. COLO007-05 The Association for the Preservations of Virginia Antiquities Colonial National Historical Park. FIIS007-05 Fire Island Concessions, LLC Fire Island National Seashore. GATE017-03 JEN Marine Development LLC Gateway National Recreation Area. GATE020-04 Global Golf Services, Inc. Gateway National Recreation Area. NERO001-05 Eastern National Northeast Region, National Park Service. SAHI001-05 The Theodore Roosevelt Association Sagamore Hill National Historic Site. BUIS006-06 TERORO II, Inc. Buck Island Reef National Monument. BUIS008-06 Llewellyn's Charter, Inc. Buck Island Reef National Monument. BUIS014-06 Michael Klein Buck Island Reef National Monument. BUIS019-06 Dragon Fly Buck Island Reef National Monument. GRSM007-08 Elizabeth Burns Cook Great Smoky Mountains National Park. VIIS008-05 CBI Acquisitions, LLC Virgin Islands National Park. APIS001-06 David Strzok Apostle Islands National Lakeshore. BUFF001-06 Buffalo Point Concession Buffalo National River. HOSP001-04 Hot Springs Advertising and Promotion Commission Hot Springs National Park. MORU001-05 Xanterra Parks & Resorts, Inc. Mount Rushmore National Memorial. OZAR002-05 George Eugene and Eleanor Maggard Ozark National Scenic Riverways. OZAR005-05 George Eugene and Eleanor Maggard Ozark National Scenic Riverways. OZAR007-05 Joe and Darlene Devall Ozark National Scenic Riverways. OZAR008-05 George Eugene and Eleanor Maggard Ozark National Scenic Riverways. OZAR010-05 River Run Canoe & Tube Rental Ozark National Scenic Riverways. OZAR013-05 Yellow Paddle Adventures, LLC Ozark National Scenic Riverways. OZAR014-05 C & R Boating Company, Inc. Ozark National Scenic Riverways. OZAR020-05 Darrel Blackwell Ozark National Scenic Riverways. OZAR023-05 The Landing Canoe Rental Ozark National Scenic Riverways. OZAR024-05 Tom and Della Bedell Ozark National Scenic Riverways. OZAR025-05 The Landing and Rosecliff Lodge Ozark National Scenic Riverways. OZAR028-05 Jack and Lois Peters Ozark National Scenic Riverways. OZAR036-05 George Eugene and Eleanor Maggard Ozark National Scenic Riverways. OZAR049-05 The Landing and Rosecliff Lodge Ozark National Scenic Riverways. OZAR050-05 John Kladiva Ozark National Scenic Riverways. CANY001-05 Adventure Bound, Inc. Canyonlands National Park. CANY002-05 Sheri Griffith Holding, LLC Canyonlands National Park. CANY003-05 NAVTEC Expeditions, Inc. Canyonlands National Park. CANY004-05 Outward Bound Wilderness Canyonlands National Park. CANY005-05 Colorado River & Trail Expeditions, Inc Canyonlands National Park. CANY006-05 O.A.R.S. Canyonlands, Inc. Canyonlands National Park. CANY007-05 Holiday River Expeditions, Inc. Canyonlands National Park. CANY009-05 Moki Mac River Expeditions, Inc. Canyonlands National Park. CANY010-05 O.A.R.S. Canyonlands, Inc. Canyonlands National Park. CANY011-05 Western River Expeditions, Inc. Canyonlands National Park. CANY012-05 Niskanen & Jones, Inc. Canyonlands National Park. CANY014-05 Niskanen & Jones, Inc. Canyonlands National Park. CANY015-05 ARAMARK Sports and Entertainment, LLC Canyonlands National Park. CANY016-05 Tour West, Inc. Canyonlands National Park. CANY017-05 Western River Expeditions, Inc. Canyonlands National Park. CANY018-05 American Wilderness Expeditions, Inc Canyonlands National Park. CANY019-05 Niskanen & Jones, Inc. Canyonlands National Park. CANY020-05 Raft Moab, Inc. Canyonlands National Park. CURE001-06 Elk Creek Marina, LLC Curecanti National Recreation Area. LIBI003-06 Crow Tribe of Indians Little Bighorn Battlefield National Monument. ROMO003-04 Andrews, Bicknell, and Crothers, LLC Rocky Mountain National Park. YELL102-04 Adventures Outfitting Yellowstone National Park. YELL103-04 Triangle X Ranch Yellowstone National Park. YELL105-04 Bear Paw Outfitters Yellowstone National Park. YELL106-04 Jackson Hole Llamas Yellowstone National Park. YELL107-04 Wyoming Backcountry Adventures, Inc Yellowstone National Park. YELL108-04 Sunrise Pack Station, LLC Yellowstone National Park. YELL110-04 Mountain Sky Guest Ranch, LLC Yellowstone National Park. YELL113-04 7D Ranch, LLC Yellowstone National Park. YELL115-04 Gary Fales Outfitting, Inc. Yellowstone National Park. YELL117-04 Scott Sallee Yellowstone National Park. YELL118-04 Yellowstone Mountain Guides, Inc. Yellowstone National Park. YELL120-04 Slough Creek Outfitters, Inc. Yellowstone National Park. YELL121-04 Yellowstone Llamas Yellowstone National Park. YELL122-04 Sheep Mesa Outfitters Yellowstone National Park. YELL123-04 Castle Creek Outfitters and Guide Service Yellowstone National Park. YELL124-04 Jake's Horses, Inc. Yellowstone National Park. YELL125-04 Big Bear Outfitters Yellowstone National Park. YELL126-04 Yellowstone Wilderness Outfitters Yellowstone National Park. YELL127-04 Medicine Lake Outfitters Yellowstone National Park. YELL130-04 Skyline Guest Ranch & Guide Service, Inc Yellowstone National Park. YELL131-04 Hell's A-Roarin' Outfitters, Inc. Yellowstone National Park. YELL132-04 Nine Quarter Circle Ranch, Inc. Yellowstone National Park. YELL137-04 Wilderness Pack Trips, Inc. Yellowstone National Park. YELL138-04 Yellowstone Roughriders, LLC Yellowstone National Park. YELL139-04 Hoof Beat Recreational Services Yellowstone National Park. YELL140-04 Black Otter, Inc. Yellowstone National Park. YELL141-04 Lost Fork Ranch Yellowstone National Park. YELL144-04 Lone Mountain Ranch, Inc. Yellowstone National Park. YELL146-04 K Bar Z Guest Ranch and Outfitters, LLC Yellowstone National Park. YELL148-04 Kevin V. & Deborah A. Little Yellowstone National Park. YELL156-04 Two Ocean Pass Outfitting Yellowstone National Park. YELL157-04 Beartooth Plateau Outfitters, Inc. Yellowstone National Park. YELL158-04 Wilderness Trails, Inc. Yellowstone National Park. YELL159-04 Colby Gines' Wilderness Adventures, LLC Yellowstone National Park. YELL162-04 Grizzly Ranch Yellowstone National Park. YELL164-04 TNT Ranch, LLC Yellowstone National Park. YELL165-04 Gunsel Horse Adventures Yellowstone National Park. YELL166-04 ER Ranch Corporation Yellowstone National Park. YELL168-04 Llama Trips in Yellowstone Yellowstone National Park. YELL170-04 Rockin' HK Outfitters, Inc. Yellowstone National Park. CABR001-06 Cabrillo National Monument Foundation Cabrillo National Monument. CHIS002-06 Channel Islands Aviation Channel Islands National Park. CRMO001-06 Craters of the Moon Natural History Association Craters of the Moon National Monument and Preserve. DEVA004-06 Death Valley Natural History Association Death Valley National Park. GOGA007-06 Golden Gate National Parks Conservancy Golden Gate National Recreation Area. GRBA001-11 Half Year, Inc. Great Basin National Park. HAVO002-06 Hawai'i Natural History Association, Ltd Hawai'i Volcanoes National Park. JOTR001-06 Joshua Tree National Park Association Joshua Tree National Park. LABE001-06 Lava Beds Natural History Association Lava Beds National Monument. ORCA002-06 Oregon Caves Natural History Association Oregon Caves National Monument and Preserve. PORE004-06 Point Reyes National Seashore Association Point Reyes National Seashore. PWRO001-06 Western National Parks Association Pacific West Region, National Park Service. VALR002-06 Arizona Memorial Museum Association World War II Valor in the Pacific National Monument. DENA030-05 Kantishna Air Taxi, Inc. Denali National Park and Preserve. GLBA008-05 Alaska Discovery, Inc. Glacier National Park. GLBA011-05 Chilkat Guides, Ltd. Glacier National Park. GLBA012-05 Colorado River & Trail Expeditions, Inc Glacier National Park. GLBA013-05 James Henry River Journeys Glacier National Park. GLBA014-05 Mountain Travel Glacier National Park. GLBA017-05 Wilderness River Outfitters Glacier National Park. GLBA020-05 Vernon W. Schumacher Glacier National Park. GLBA029-05 Janice Lowenstein Glacier National Park. GLBA033-05 Gary Gray Glacier National Park. KATM002-05 No See Um Lodge, Inc. Katmai National Park and Preserve. KATM003-05 Alaska's Enchanted Lake Lodge, Inc Katmai National Park and Preserve. KATM004-05 Shaska Ventures, Inc. Katmai National Park and Preserve. KATM005-05 Hartley, Inc. Katmai National Park and Preserve. KATM006-05 Chris Branham Katmai National Park and Preserve. KATM007-05 Katmai Air, LLC Katmai National Park and Preserve.

    Under the provisions of current concession contracts and pending the completion of the public solicitation of a prospectus for a new concession contract, the National Park Service authorizes the extension of visitor services for the contracts below until the dates shown under the terms and conditions of the current contract as amended. The extension of operations does not affect any rights with respect to selection for award of a new concession contract.

    CONCID Concessioner Park unit Extension date BAND001-06 Pajarito Plateau Trading Co., LLC Bandelier National Monument December 31, 2016 DENA018-05 Jon M. Nierenberg Denali National Park & Preserve December 31, 2016 GOGA001-06 Alcatraz Cruises, LLC Golden Gate National Recreation Area December 31, 2018 ORCA001-03 Illinois Valley Community Response Team Oregon Caves National Monument & Preserve October 31, 2016 YOSE003-08 Kirstie Dunbar-Kari Yosemite National Park December 31, 2016 Dated: November 10, 2015. Lena McDowall, Chief Financial Officer.
    [FR Doc. 2015-31331 Filed 12-14-15; 8:45 am] BILLING CODE 4312-53-P
    JUDICIAL CONFERENCE OF THE UNITED STATES Hearings of the Judicial Conference Advisory Committee on the Federal Rules of Evidence AGENCY:

    Advisory Committee on the Federal Rules of Evidence, Judicial Conference of the United States.

    ACTION:

    Notice of cancellation of public hearing.

    SUMMARY:

    The following public hearing on proposed amendments to the Federal Rules of Evidence has been canceled: Evidence Rules Hearing on January 6, 2016 in Phoenix, Arizona. Announcements for this meeting were previously published in 80 FR 48120, 80 FR 50324 and 80 FR 51604. The public hearing on proposed amendments to the Federal Rules of Evidence scheduled for February 12, 2016, in Washington, DC, remains scheduled, subject to sufficient expressions of interest.

    FOR FURTHER INFORMATION CONTACT:

    Rebecca A. Womeldorf, Rules Committee Secretary, Rules Committee Support Office, Administrative Office of the United States Courts, Washington, DC 20544, telephone (202) 502-1820.

    Dated: December 10, 2015. Rebecca A. Womeldorf, Rules Committee Secretary.
    [FR Doc. 2015-31493 Filed 12-14-15; 8:45 am] BILLING CODE 2210-55-P
    DEPARTMENT OF JUSTICE [OMB Number 1122-0008] Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision to a Currently Approved Collection AGENCY:

    Office on Violence Against Women, Department of Justice.

    ACTION:

    30-Day Notice.

    SUMMARY:

    The Department of Justice (DOJ), Office on Violence Against Women, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register Volume 80 FR 61236, on October 9, 2015, allowing for a 60 day comment period.

    DATES:

    Comments are encouraged and will be accepted for an additional 30 days until January 14, 2016.

    FOR FURTHER INFORMATION CONTACT:

    If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Cathy Poston, Attorney Advisor, Office on Violence Against Women, 145 N Street NE., Washington, DC 20530 (phone:202-514-5430). 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;

    —Enhance the quality, utility, and clarity of the information to be collected; and

    —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Overview of This Information Collection

    (1) Type of Information Collection: Revision to Currently Approved Collection

    (2) Title of the Form/Collection: Semi-Annual Progress Report for Grantees from the Enhanced Training and Services to End Violence Against and Abuse of Women Later in Life Program (Training Program)

    (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: 1122-0008. U.S. Department of Justice, Office on Violence Against Women

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: The affected public includes the approximately 18 grantees of the Training Program. Training Program grants may be used for training programs to assist law enforcement officers, prosecutors, and relevant officers of Federal, State, tribal, and local courts in recognizing, addressing, investigating, and prosecuting instances of elder abuse, neglect, and exploitation and violence against individuals with disabilities, including domestic violence and sexual assault, against older or disabled individuals. Grantees fund projects that focus on providing training for criminal justice professionals to enhance their ability to address elder abuse, neglect and exploitation in their communities and enhanced services to address these crimes.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that it will take the approximately 18 respondents (Training Program grantees) approximately one hour to complete a semi-annual progress report. The semi-annual progress report is divided into sections that pertain to the different types of activities in which grantees may engage. A Training Program grantee will only be required to complete the sections of the form that pertain to its own specific activities.

    (6) An estimate of the total public burden (in hours) associated with the collection: The total annual hour burden to complete the data collection forms is 36 hours, that is 18 grantees completing a form twice a year with an estimated completion time for the form being one hour. 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 9, 2015. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2015-31470 Filed 12-14-15; 8:45 am] BILLING CODE 4410-FX-P
    DEPARTMENT OF JUSTICE [OMB Number 1122-NEW] Agency Information Collection Activities; Proposed eCollection eComments Requested; Semi-Annual Progress Report for Justice for Families Program AGENCY:

    Office on Violence Against Women, Department of Justice.

    ACTION:

    30-day notice.

    SUMMARY:

    The Department of Justice (DOJ), Office on Violence Against Women, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register Volume 80 FR 60179, on October 5, 2015, allowing for a 60-day comment period.

    DATES:

    Comments are encouraged and will be accepted for an additional 30 days until January 14, 2016.

    FOR FURTHER INFORMATION CONTACT:

    If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Cathy Poston, Attorney Advisor, Office on Violence Against Women, 145 N Street NE., Washington, DC 20530 (phone: 202-514-5430). Written comments and/or suggestions can also be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20530 or sent to [email protected].

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection

    (1) Type of Information Collection: New collection.

    (2) Title of the Form/Collection: Semi-Annual Progress Report for Justice for Families Program.

    (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: 1122-NEW. U.S. Department of Justice, Office on Violence Against Women.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: The affected public includes the current grantees under the Justice for Families Program. The Justice for Families Program improves the response of all aspects of the civil and criminal justice system to families with a history of domestic violence, dating violence, sexual assault and stalking, or in cases involving allegations of child sexual abuse. Eligible applicants are states, units of local government, courts, Indian tribal governments, nonprofit organizations, legal service providers, and victim services providers. The affected public includes the approximately 70 Justice for Families Program grantees.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that it will take the approximately 70 respondents (Justice for Families Program grantees) approximately one hour to complete a semi-annual progress report. The semi-annual progress report is divided into sections that pertain to the different types of activities in which grantees may engage. A Justice for Families Program grantee will only be required to complete the sections of the form that pertain to its own specific activities.

    (6) An estimate of the total public burden (in hours) associated with the collection: The total annual hour burden to complete the data collection forms is 140 hours, that is 70 grantees completing a form twice a year with an estimated completion time for the form being one hour.

    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 10, 2015. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2015-31499 Filed 12-14-15; 8:45 am] BILLING CODE 4410-FX-P
    DEPARTMENT OF JUSTICE [OMB Number 1122-0021] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved Collection AGENCY:

    Office on Violence Against Women, Department of Justice.

    ACTION:

    60-day notice.

    SUMMARY:

    The Department of Justice, Office on Violence Against Women (OVW) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.

    DATES:

    Comments are encouraged and will be accepted for 60 days until February 16, 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 contact Cathy Poston, Office on Violence Against Women, at 202-514-5430 or [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:

    (1) 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;

    (2) 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;

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

    (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Overview of This Information Collection

    (1) Type of Information Collection: Extension of a currently approved collection.

    (2) Title of the Form/Collection: Semi-Annual Progress Report for Grantees from Grants to Enhance Culturally and Linguistically Specific Services for Victims of Domestic Violence, Dating Violence, Sexual Assault, and Stalking Program (Culturally and Linguistically Specific Services Program).

    (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: 1122-0021. U.S. Department of Justice, Office on Violence Against Women.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: The affected public includes the approximately 50 grantees of the Culturally and Linguistically Specific Services Program. The program funds projects that promote the maintenance and replication of existing successful domestic violence, dating violence, sexual assault, and stalking community-based programs providing culturally and linguistically specific services and other resources. The program also supports the development of innovative culturally and linguistically specific strategies and projects to enhance access to services and resources for victims of violence against women.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that it will take the approximately 50 respondents (Culturally and Linguistically Specific Services Program grantees) approximately one hour to complete a semi-annual progress report. The semi-annual progress report is divided into sections that pertain to the different types of activities in which grantees may engage. A Culturally and Linguistically Specific Services Program grantee will only be required to complete the sections of the form that pertain to its own specific activities.

    (6) An estimate of the total public burden (in hours) associated with the collection: The total annual hour burden to complete the data collection forms is 100 hours, that is 50 grantees completing a form twice a year with an estimated completion time for the form being one hour.

    If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E.405B, Washington, DC 20530.

    Dated: December 10, 2015. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2015-31495 Filed 12-14-15; 8:45 am] BILLING CODE 4410-FX-P
    DEPARTMENT OF JUSTICE [OMB Number 1122-0016] Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision to a Currently Approved Collection AGENCY:

    Office on Violence Against Women, Department of Justice.

    ACTION:

    30-day notice.

    SUMMARY:

    The Department of Justice (DOJ), Office on Violence Against Women, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register Volume 80 FR 61241, on October 9, 2015, allowing for a 60 day comment period.

    DATES:

    Comments are encouraged and will be accepted for an additional 30 days until January 14, 2016.

    FOR FURTHER INFORMATION CONTACT:

    If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Cathy Poston, Attorney Advisor, Office on Violence Against Women, 145 N Street NE., Washington, DC 20530 (phone: 202-514-5430). 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;

    —Enhance the quality, utility, and clarity of the information to be collected; and

    —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Overview of This Information Collection

    (1) Type of Information Collection: Revision to Currently Approved Collection.

    (2) Title of the Form/Collection: Semi-Annual Progress Report for Grantees of the Transitional Housing Assistance Grant Program.

    (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: 1122-0016. U.S. Department of Justice, Office on Violence Against Women.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: The affected public includes the approximately 120 grantees of the Transitional Housing Assistance Grant Program (Transitional Housing Program) whose eligibility is determined by statute. This discretionary grant program provides transitional housing, short-term housing assistance, and related support services for individuals who are homeless, or in need of transitional housing or other housing assistance, as a result of fleeing a situation of domestic violence, dating violence, sexual assault, or stalking, and for whom emergency shelter services or other crisis intervention services are unavailable or insufficient. Eligible applicants are States, units of local government, Indian tribal governments, and other organizations, including domestic violence and sexual assault victim services providers, domestic violence or sexual assault coalitions, other nonprofit, nongovernmental organizations, or community-based and culturally specific organizations, that have a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that it will take the 120 respondents (grantees) approximately one hour to complete the Semi-Annual Progress Report. The semi-annual progress report is divided into sections that pertain to the different types of activities that grantees may engage in and the different types of grantees that receive funds. A Transitional Housing Program grantee will only be required to complete the sections of the form that pertain to its own specific activities.

    (6) An estimate of the total public burden (in hours) associated with the collection: The total annual hour burden to complete the data collection forms is 240 hours, that is 120 grantees completing a form twice a year with an estimated completion time for the form being one hour.

    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 9, 2015. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2015-31472 Filed 12-14-15; 8:45 am] BILLING CODE 4410-FX-P
    DEPARTMENT OF JUSTICE [OMB Number 1122-0022] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved Collection AGENCY:

    Office on Violence Against Women, Department of Justice.

    ACTION:

    60-day notice.

    SUMMARY:

    The Department of Justice, Office on Violence Against Women (OVW) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.

    DATES:

    Comments are encouraged and will be accepted for 60 days until February 16, 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 contact Cathy Poston, Office on Violence Against Women, at 202-514-5430 or [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:

    (1) 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;

    (2) 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;

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

    (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Overview of This Information Collection

    (1) Type of Information Collection: Extension of a currently approved collection.

    (2) Title of the Form/Collection: Semi-Annual Progress Report for Grantees from the Semi-Annual Progress Report for the Sexual Assault Services Formula Grant Program (SASP).

    (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: 1122-0022. U.S. Department of Justice, Office on Violence Against Women.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: The affected public includes the approximately 606 administrators and subgrantees of the SASP. SASP grants support intervention, advocacy, accompaniment, support services, and related assistance for adult, youth, and child victims of sexual assault, family and household members of victims, and those collaterally affected by the sexual assault. The SASP supports the establishment, maintenance, and expansion of rape crisis centers and other programs and projects to assist those victimized by sexual assault. The grant funds are distributed by SASP state administrators to subgrantees as outlined under the provisions of the Violence Women Act of 2005.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that it will take the approximately 606 respondents (SASP administrators and subgrantees) approximately one hour to complete a semi-annual progress report. The semi-annual progress report is divided into sections that pertain to the different types of activities in which grantees may engage. A SASP subgrantee will only be required to complete the sections of the form that pertain to its own specific activities.

    (6) An estimate of the total public burden (in hours) associated with the collection: The total annual hour burden to complete the data collection forms is 1,212 hours, that is 606 subgrantees completing a form twice a year with an estimated completion time for the form being one hour.

    If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E.405B, Washington, DC 20530.

    Dated: December 10, 2015. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2015-31496 Filed 12-14-15; 8:45 am] BILLING CODE 4410-FX-P
    DEPARTMENT OF JUSTICE [OMB Number 1122-0007] Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision to a Currently Approved Collection AGENCY:

    Office on Violence Against Women, Justice.

    ACTION:

    30-day notice.

    SUMMARY:

    The Department of Justice (DOJ), Office on Violence Against Women, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register Volume 80 FR 61240, on October 9, 2015, allowing for a 60 day comment period.

    DATES:

    Comments are encouraged and will be accepted for an additional 30 days until January 14, 2016.

    FOR FURTHER INFORMATION CONTACT:

    If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Cathy Poston, Attorney Advisor, Office on Violence Against Women, 145 N Street NE., Washington, DC 20530 (phone: 202-514-5430). 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; —Enhance the quality, utility, and clarity of the information to be collected; and

    —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Overview of This Information Collection

    (1) Type of Information Collection: Revision to Currently Approved Collection.

    (2) Title of the Form/Collection: Legal Assistance for Victims Grant Program (LAV) Program.

    (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: 1122-0007. U.S. Department of Justice, Office on Violence Against Women.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: The affected public includes the approximately 200 grantees of the Legal Assistance for Victims Grant Program (LAV Program) whose eligibility is determined by statute. In 1998, Congress appropriated funding to provide civil legal assistance to domestic violence victims through a set-aside under the Grants to Combat Violence Against Women, Public Law 105-277. In the Violence Against Women Act of 2000, Congress statutorily authorized the LAV Program. 42 U.S.C. 3796gg-6 and amended the statutory in 2005 and 2013. The LAV Program is intended to increase the availability of legal assistance necessary to provide effective aid to victims of domestic violence, stalking, or sexual assault who are seeking relief in legal matters arising as a consequence of that abuse or violence. The LAV Program awards grants to law school legal clinics, legal aid or legal services programs, domestic violence victims' shelters, bar associations, sexual assault programs, private nonprofit entities, and Indian tribal governments. These grants are for providing direct legal services to victims of domestic violence, sexual assault, and stalking in matters arising from the abuse or violence and for providing enhanced training for lawyers representing these victims. The goal of the Program is to develop innovative, collaborative projects that provide quality representation to victims of domestic violence, sexual assault, and stalking.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that it will take the approximately 200 respondents (LAV Program grantees) approximately one hour to complete a semi-annual progress report. The semi-annual progress report is divided into sections that pertain to the different types of activities that grantees may engage in and the different types of grantees that receive funds. An LAV Program grantee will only be required to complete the sections of the form that pertain to its own specific activities.

    (6) An estimate of the total public burden (in hours) associated with the collection: The total annual hour burden to complete the data collection forms is 400 hours, that is 200 grantees completing a form twice a year with an estimated completion time for the form being one hour.

    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 9, 2015. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2015-31469 Filed 12-14-15; 8:45 am] BILLING CODE 4410-FX-P
    DEPARTMENT OF JUSTICE Notice of Charter Establishment AGENCY:

    Federal Bureau of Investigation, DOJ.

    ACTION:

    Notice of Charter Establishment of the Executive Advisory Board of the National Domestic Communications Assistance Center.

    SUMMARY:

    Pursuant to Title 41 of the U.S. Code of Federal Regulations, section 102-3.65, notice is hereby given that the Charter for the National Domestic Communications Assistance Center (NDCAC) Executive Advisory Board (EAB) was filed on August 1, 2014. The Charter is on file with the General Services Administration. However, the EAB has not met nor conducted any business since its establishment. The Attorney General determined that the NDCAC EAB is necessary and in the public interest in connection with the performance of duties of the Department of Justice and these duties can best be performed through the advice and counsel of this group. This determination followed consultation with the Committee Management Secretariat, General Services Administration.

    The purpose of the EAB is to provide advice and recommendations to the Attorney General or designee, and to the Director of the NDCAC that promote public safety and national security by advancing the NDCAC's core functions: law enforcement coordination with respect to technical capabilities and solutions, technology sharing, industry relations, and implementation of the Communications Assistance for Law Enforcement Act (CALEA).

    FOR FURTHER INFORMATION CONTACT:

    Alice Bardney-Boose, Designated Federal Officer, National Domestic Communications Assistance Center, Department of Justice, by email at [email protected] or by phone at (540) 361-2330.

    SUPPLEMENTARY INFORMATION:

    The EAB consists of 15 voting members composed of Representative members, Regular Government Employees and/or Special Government Employees. The membership includes representatives from Federal, State, local and tribal law enforcement agencies. Additionally, there are two non-voting members as follows: a federally-employed attorney assigned full time to the NDCAC to serve as a legal advisor to the EAB, and the DOJ Chief Privacy Officer or designee to ensure that privacy and civil rights and civil liberties issues are fully considered in the EAB's recommendations. The Board is composed of eight State, local, and/or tribal representatives and seven federal representatives. Any future changes to the voting membership of the EAB will maintain the continued majority of State, local, and/or tribal representatives by one seat.

    The membership of the entire EAB includes active executive level officials (e.g., agency heads for State, local, or tribal representatives; and members of the Senior Executive Service for Federal agencies) having responsibility for, or being substantially engaged in, the management of electronic surveillance capabilities, evidence collection on communication devices, and technical location capabilities from Federal, State, local and/or tribal law enforcement agencies from across the country. EAB members serve two-year terms, and are eligible for reappointment if the Charter is renewed.

    The EAB provides advice and recommendations to the Attorney General or designee on: (1) The selection and appointment of the Director and Deputy Director(s) of the NDCAC; (2) trends and developments with respect to existing and emerging communications services and technologies; (3) technical challenges faced by Federal, State, tribal and local law enforcement agencies with respect to lawfully-authorized electronic surveillance capabilities, evidence collection on communications devices, and technical location capabilities; (4) the effective leveraging and exchange of technical information and methods among Federal, State, tribal and local law enforcement agencies regarding lawfully-authorized electronic surveillance capabilities, evidence collection on communications devices, and technical location capabilities; (5) relations between law enforcement agencies and the communications industry to include leveraging existing and/or developing new private/public partnerships; (6) the development of standard practices within the law enforcement community; (7) implementation of CALEA; and (8) security and privacy policies, standards for participation by law enforcement agencies, and other issues relating to the functions, programs and operations of the NDCAC. The EAB further assists in shaping the goals and mission of the NDCAC by providing advice and guidance to the Director of the NDCAC on the establishment of policies and procedures designed to: ensure clarity in roles and responsibilities of the NDCAC; focus on established outcomes, intended results and accountability (by recommending specific courses of action); implement an effective infrastructure for the dissemination of technical information and methods; maintain an external focus to represent law enforcement stakeholders; pursue adequate resources necessary to accomplish the mission; and broker multi-agency participation and facilitate combined initiatives. The EAB provides insight into the diverse nature of jurisdiction-specific statutes and agency policies and procedures under which NDCAC participating law enforcement agencies operate. The EAB also receives information to review, monitor, and track training provided by or for NDCAC participating law enforcement agencies as well as recommend the development of standard practices for automated capabilities involving industry assistance.

    Alice Bardney-Boose, Designated Federal Officer, National Domestic Communication Assistance Center, Executive Advisory Board.
    [FR Doc. 2015-31513 Filed 12-14-15; 8:45 am] BILLING CODE 4410-02-P
    DEPARTMENT OF JUSTICE [OMB Number 1122-0013] Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision to a Currently Approved Collection AGENCY:

    Office on Violence Against Women, Department of Justice.

    ACTION:

    30-day notice.

    SUMMARY:

    The Department of Justice (DOJ), Office on Violence Against Women, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register Volume 80 FR 61238, on October 9, 2015, allowing for a 60 day comment period.

    DATES:

    Comments are encouraged and will be accepted for an additional 30 days until January 14, 2016.

    FOR FURTHER INFORMATION CONTACT:

    If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Cathy Poston, Attorney Advisor, Office on Violence Against Women, 145 N Street NE., Washington, DC 20530 (phone: 202-514-5430). 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; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection

    (1) Type of Information Collection: Revision to Currently Approved Collection.

    (2) Title of the Form/Collection: Semi-Annual Progress Report for Grantees from the Rural Domestic Violence, Dating Violence, Sexual Assault, Stalking, and Child Abuse Enforcement Assistance Program.

    (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: 1122-0013. U.S. Department of Justice, Office on Violence Against Women.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: The affected public includes the approximately 165 grantees of the Rural Program. The primary purpose of the Rural Program is to enhance the safety of victims of domestic violence, dating violence, sexual assault, stalking, and child victimization by supporting projects uniquely designed to address and prevent these crimes in rural jurisdictions. Grantees include States, Indian tribes, local governments, and nonprofit, public or private entities, including tribal nonprofit organizations, to carry out programs serving rural areas or rural communities.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that it will take the approximately 165 respondents (Rural Program grantees) approximately one hour to complete a semi-annual progress report. The semi-annual progress report is divided into sections that pertain to the different types of activities in which grantees may engage. A Rural Program grantee will only be required to complete the sections of the form that pertain to its own specific activities.

    (6) An estimate of the total public burden (in hours) associated with the collection: The total annual hour burden to complete the data collection forms is 330 hours, that is 165 grantees completing a form twice a year with an estimated completion time for the form being one hour.

    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 9, 2015. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2015-31471 Filed 12-14-15; 8:45 am] BILLING CODE 4410-FX-P
    DEPARTMENT OF JUSTICE [OMB Number 1122-0023] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension of a Currently Approved Collection AGENCY:

    Office on Violence Against Women, Department of Justice.

    ACTION:

    60-day notice.

    SUMMARY:

    The Department of Justice, Office on Violence Against Women (OVW) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.

    DATES:

    Comments are encouraged and will be accepted for 60 days until February 16, 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 contact Cathy Poston, Office on Violence Against Women, at 202-514-5430 or [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:

    (1) 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;

    (2) 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;

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

    (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Overview of This Information Collection

    (1) Type of Information Collection: Extension of a currently approved collection.

    (2) Title of the Form/Collection: Semi-Annual Progress Report for Grantees from the Sexual Assault Services Program—Grants to Culturally Specific Programs (SASP-Culturally Specific Program).

    (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: 1122-0023. U.S. Department of Justice, Office on Violence Against Women.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: The affected public includes the approximately 11 grantees of the SASP Culturally Specific Program. This program supports projects that create, maintain and expand sustainable sexual assault services provided by culturally specific organizations, which are uniquely situated to respond to the needs of sexual assault victims within culturally specific populations.

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that it will take the approximately 11 respondents (SASP-Culturally Specific Program grantees) approximately one hour to complete a semi-annual progress report. The semi-annual progress report is divided into sections that pertain to the different types of activities in which grantees may engage. A SASP-Culturally Specific Program grantee will only be required to complete the sections of the form that pertain to its own specific activities.

    (6) An estimate of the total public burden (in hours) associated with the collection: The total annual hour burden to complete the data collection forms is 22 hours, that is 11 grantees completing a form twice a year with an estimated completion time for the form being one hour.

    If additional information is required contact: Jerri Murray, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E.405B, Washington, DC 20530.

    Dated: December 10, 2015. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2015-31497 Filed 12-14-15; 8:45 am] BILLING CODE 4410-FX-P
    DEPARTMENT OF JUSTICE [OMB Number 1122-0003] Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision to a Currently Approved Collection AGENCY:

    Office on Violence Against Women, Department of Justice.

    ACTION:

    30-day notice.

    SUMMARY:

    The Department of Justice (DOJ), Office on Violence Against Women, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register Volume 80 FR 61237, on October 9, 2015, allowing for a 60 day comment period.

    DATES:

    Comments are encouraged and will be accepted for an additional 30 days until January 14, 2016.

    FOR FURTHER INFORMATION CONTACT:

    If you have comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Cathy Poston, Attorney Advisor, Office on Violence Against Women, 145 N Street NE., Washington, DC 20530 (phone: 202-514-5430). 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]p.gov.

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Enhance the quality, utility, and clarity of the information to be collected; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection

    (1) Type of Information Collection: Revision to Currently Approved Collection.

    (2) Title of the Form/Collection: Annual Progress Report for STOP Violence Against Women Formula Grant Program.

    (3) Agency form number, if any, and the applicable component of the Department of Justice sponsoring the collection: Form Number: 1122-0003. U.S. Department of Justice, Office on Violence Against Women.

    (4) Affected public who will be asked or required to respond, as well as a brief abstract: The affected public includes the 56 STOP state administrators (from 50 states, the District of Columbia and five territories and commonwealths (Guam, Puerto Rico, American Samoa, Virgin Islands, Northern Mariana Islands)) and their subgrantees. The STOP Violence Against Women Formula Grants Program was authorized through the Violence Against Women Act of 1994 (VAWA) and reauthorized and amended in 2000, 2005, and 2013. Its purpose is to promote a coordinated, multi-disciplinary approach to improving the criminal justice system's response to violence against women. The STOP Formula Grants Program envisions a partnership among law enforcement, prosecution, courts, and victim advocacy organizations to enhance victim safety and hold offenders accountable for their crimes of violence against women. OVW administers the STOP Formula Grants Program. The grant funds must be distributed by STOP state administrators to subgrantees according to a statutory formula (as amended).

    (5) An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond/reply: It is estimated that it will take the 56 respondents (STOP administrators) approximately one hour to complete an annual progress report. It is estimated that it will take approximately one hour for roughly 2500 subgrantees 1 to complete the relevant portion of the annual progress report. The Annual Progress Report for the STOP Formula Grants Program is divided into sections that pertain to the different types of activities that subgrantees may engage in and the different types of subgrantees that receive funds, i.e. law enforcement agencies, prosecutors' offices, courts, victim services agencies, etc.

    1 Each year the number of STOP subgrantees changes. The number 2,500 is based on the number of reports that OVW has received in the past from STOP subgrantees.

    (6) An estimate of the total public burden (in hours) associated with the collection: The total annual hour burden to complete the annual progress report is 2,556 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 9, 2015. Jerri Murray, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2015-31468 Filed 12-14-15; 8:45 am] BILLING CODE 4410-FX-P
    LIBRARY OF CONGRESS U.S. Copyright Office [Docket No. 2015-6] Software-Enabled Consumer Products Study: Notice and Request for Public Comment AGENCY:

    U.S. Copyright Office, Library of Congress.

    ACTION:

    Notice of inquiry.

    SUMMARY:

    The U.S. Copyright Office is undertaking a study at the request of Congress to review the role of copyright law with respect to software-enabled consumer products. The topics of public inquiry include whether the application of copyright law to software in everyday products enables or frustrates innovation and creativity in the design, distribution and legitimate uses of new products and innovative services. The Office also is seeking information as to whether legitimate interests or business models for copyright owners and users could be improved or undermined by changes to the copyright law in this area. This is a highly specific study not intended to examine or address more general questions about software and copyright protection.

    DATES:

    Written comments must be received no later than February 16, 2016 at 11:59 p.m. Eastern Time. Written reply comments must be received no later than March 18, 2016 at 11:59 p.m. Eastern Time. The Office will be announcing one or more public meetings, to take place after written comments are received, by separate notice in the future.

    ADDRESSES:

    All comments must be submitted electronically. Specific instructions for submitting comments will be posted on the Copyright Office Web site at http://www.copyright.gov/policy/software on or before February 1, 2016. To meet accessibility standards, all comments must be provided in a single file not to exceed six megabytes (MB) in one of the following formats: Portable Document File (PDF) format containing searchable, accessible text (not an image); Microsoft Word; WordPerfect; Rich Text Format (RTF); or ASCII text file format (not a scanned document). Both the web form and face of the uploaded comments must include the name of the submitter and any organization the submitter represents. The Office will post all comments publicly in the form that they are received. If electronic submission of comments is not feasible, please contact the Office using the contact information below for special instructions.

    FOR FURTHER INFORMATION CONTACT:

    Sarang V. Damle, Deputy General Counsel, [email protected]; Catherine Rowland, Senior Advisor to the Register of Copyrights, [email protected]; or Erik Bertin, Deputy Director of Registration Policy and Practice, [email protected] Each can be reached by telephone at (202) 707-8350.

    SUPPLEMENTARY INFORMATION:

    Copyrighted software can be found in a wide range of everyday consumer products—from cars, to refrigerators, to cellphones, to thermostats, and more. Consumers have benefited greatly from this development: Software brings new qualities to ordinary products, making them safer, more efficient, and easier to use. At the same time, software's ubiquity raises significant policy issues across a broad range of subjects, including privacy, cybersecurity, and intellectual property rights. These include questions about the impact of existing copyright law on innovation and consumer uses of everyday products and innovative services that rely on such products. In light of these concerns, Senators Charles E. Grassley and Patrick Leahy (the Chairman and Ranking Member, respectively, of the Senate Committee on the Judiciary) have asked the U.S. Copyright Office to “undertake a comprehensive review of the role of copyright in the complex set of relationships at the heart” of the issues raised by the spread of software in everyday products.1 The Senators called on the Office to seek public input from “interested industry stakeholders, consumer advocacy groups, and relevant federal agencies,” and make appropriate recommendations for legislative or other changes.2 The report must be completed no later than December 15, 2016.3

    1 Letter from Sen. Charles E. Grassley, Chairman, Senate Committee on the Judiciary, and Sen. Patrick Leahy, Ranking Member, Senate Committee on the Judiciary, to Maria A. Pallante, Register of Copyrights, U.S. Copyright Office, at 1 (Oct. 22, 2015), available at http://www.copyright.gov/policy/software.

    2Id. at 2.

    3Id.

    This study is not the proper forum for issues arising under section 1201 of the Copyright Act, which addresses the circumvention of technological protection measures on copyrighted works. Earlier this year, the Register of Copyrights testified that certain aspects of the section 1201 anticircumvention provisions of the Digital Millennium Copyright Act (“DMCA”) were unanticipated when enacted almost twenty years ago, and would benefit from further review. These issues include, for example, the application of anticircumvention rules to everyday products, as well as their impact on encryption research and security testing. If you wish to submit comments about section 1201, please do so through the forthcoming section 1201 study, information on which will be available shortly at www.copyright.gov.

    I. Background

    Copyright law has expressly protected computer programs,4 whether used in general purpose computers or embedded in everyday consumer products, since the enactment of the 1976 Copyright Act (“1976 Act”). Though the 1976 Act did not expressly list computer programs as copyrightable subject matter, the Act's legislative history makes it evident that Congress intended for them to be protected by copyright law as literary works.5 At the same time, in the 1976 Act, Congress recognized that “the area of computer uses of copyrighted works” was a “major area [where] the problems are not sufficiently developed for a definitive legislative solution.” 6 Accordingly, as originally enacted, 17 U.S.C. 117 “preserve[d] the status quo” as it existed in 1976 with respect to computer uses,7 by providing that copyright owners had no “greater and lesser rights with respect to the use of the work in conjunction with automatic systems capable of storing, processing, retrieving, or transferring information, or in conjunction with any similar device, machine, or process, than those afforded to works under the law” as it existed prior to the effective date of the 1976 Act.8

    4 Although the Copyright Act uses the term “computer program,” see 17 U.S.C. 101 (definition of “computer program”), the terms “software” and “computer program” are used interchangeably in this notice.

    5See H.R. Rep. No. 94-1476, at 55 (1976); see also National Commission on New Technological Uses of Copyrighted Works, Final Report of the National Commission on New Technological Uses of Copyrighted Works 16 (1978) (“CONTU Report”).

    6 H.R. Rep. No. 94-1476, at 55.

    7Id.

    8 Public Law 94-553, sec. 117, 90 Stat. 2541, 2565 (1976).

    Since the 1976 Act's enactment, the scope of copyright protection for computer programs has continued to be refined by Congress through legislation and by the courts through litigation. At least some of that attention has focused on the precise problem presented here: The presence of software in everyday products.

    A. CONTU Report

    In the mid-1970s, Congress created the National Commission on New Technological Uses of Copyrighted Works (“CONTU”) to study and report on the complex issues raised by extending copyright protection to computer programs.9 In its 1978 Report, CONTU recommended that Congress continue to protect computer programs under copyright law, specifically by amending section 101 of the 1976 Act to include a definition of computer programs and by replacing section 117 as enacted in the 1976 Act with a new provision providing express limitations on the exclusive rights of reproduction and adaptation of computer programs under certain conditions.10 Congress adopted CONTU's legislative recommendations in 1980.11

    9See CONTU Report at 3-4.

    10Id. at 12.

    11See Act of Dec. 12, 1980, Public Law 96-517, sec. 10, 94 Stat. 3015, 3028-29.

    While CONTU did not specifically anticipate that software would become embedded in everyday products, CONTU did recognize some general issues resulting from the fact that computer programs need a machine to operate. Specifically, CONTU recognized that the process by which a machine operates a computer program necessitates the making of a copy of the program and that adaptations are sometimes necessary to make a program interoperable with the machine.12 CONTU preliminarily addressed these issues by including in its recommended revisions to section 117 a provision permitting the reproduction or adaptation of a computer program when created as an essential step in using the program in conjunction with a machine, finding that “[b]ecause the placement of a work into a computer is the preparation of a copy, the law should provide that persons in rightful possession of copies of programs be able to use them freely without fear of exposure to copyright liability.” 13 CONTU's recommendations for the new section 117 also included a provision permitting the making of copies and adaptations for archival purposes.14

    12See CONTU Report at 12-14.

    13Id. at 12-13.

    14Id.

    At the same time, CONTU foresaw that the issues surrounding copyright protection for software would have to be examined again by Congress and the Copyright Office:

    [T]he Commission recognizes that the dynamics of computer science promise changes in the creation and use of authors' writings that cannot be predicted with any certainty. The effects of these changes should have the attention of Congress and its appropriate agencies to ensure that those who are the responsible policy makers maintain an awareness of the changing impact of computer technology on both the needs of authors and the role of authors in the information age. To that end, the Commission recommends that Congress, through the appropriate committees, and the Copyright Office, in the course of its administration of copyright registrations and other activities, continuously monitor the impact of computer applications on the creation of works of authorship.15

    15Id. at 46.

    B. Computer Software Rental Amendments Act of 1990

    A decade later, in response to concerns that commercial rental of computer programs would encourage illegal copying of such programs, Congress passed the Computer Software Rental Amendments Act of 1990 (“Computer Software Rental Act”), which amended section 109 of the Copyright Act to prohibit the rental, lease or lending of a computer program for direct or indirect commercial gain unless authorized by the copyright owner of the program.16 Notably, Congress also expressly provided an exception to this prohibition for “a computer program which is embodied in a machine or product and which cannot be copied during the ordinary operation or use of the machine or product.” 17 In doing so, Congress recognized that computer programs can be embedded in machines or products and tailored the rental legislation to avoid interference with the ordinary use of such products.18

    16See Public Law 101-650, 104 Stat. 5089, 5134-35 (1990); 17 U.S.C. 109(b)(1)(A).

    17 17 U.S.C. 109(b)(1)(B)(i).

    18See Computer Software Rental Amendments Act (H.R. 2740, H.R. 5297, and S. 198): Hearing Before the Subcomm. on Courts, Intellectual Prop., and the Admin. of Justice of the H. Comm. on the Judiciary, 101st Cong. 15-16 (1990) (statement of Rep. Mike Synar) (“Some parties have interpreted the [Computer Software Rental Act] as potentially affecting computer programs which may be contained as a component of another machine, such as a program which drives a mechanized robot or runs a microwave or a household kitchen utensil. Such a result was not intended and will be addressed in this legislation.”).

    C. DMCA

    Congress revisited the issues surrounding software and copyright law with the DMCA.19 As particularly relevant here, the DMCA amended section 117 of the Copyright Act to permit the reproduction of computer programs for the purposes of machine maintenance or repair following a court of appeals decision 20 that cast doubt on the ability of independent service organizations to repair computer hardware.21 This provision foreshadows the more general concerns raised by the spread of software in everyday products—namely, that maintaining or repairing a software-enabled product often will require copying of the software. Section 104 of the DMCA also directed the Office to study the effects of the DMCA amendments and the development of electronic commerce and associated technology on the operation of sections 109 and 117 of the Copyright Act, as well as “the relationship between existing and emergent technology and the operation of sections 109 and 117.” 22 The Office subsequently published a report detailing its findings and recommendations in August 2001 (“Section 104 Report”).23

    19 Public Law 105-304, 112 Stat. 2860 (1998).

    20MAI Sys. Corp. v. Peak Computer, 991 F.2d 511 (9th Cir. 1993).

    21See DMCA, sec. 302, 112 Stat. 2860, 2887 (1998); S. Rep. No. 105-190, at 21-22 (1998).

    22 DMCA, sec. 104, 112 Stat. 2860, 2876 (1998).

    23See generally U.S. Copyright Office, DMCA Section 104 Report (2001).

    The Section 104 Report discussed a number of issues relevant to the discussion of software in everyday products. For instance, it addressed proposals to add a “digital first sale” right to section 109 of the Copyright Act to explicitly grant consumers the authority to resell works in digital format. Although the Office concluded that no legislative changes to section 109 were necessary at the time, it recognized that “[t]he time may come when Congress may wish to consider further how to address these concerns.” 24 In particular, the Office anticipated some of the issues presented here when it highlighted “the operation of the first sale doctrine in the context of works tethered to a particular device”—an example of which would be software embedded in everyday products—as an issue worthy of continued monitoring.25 Additionally, the Office noted the concern that unilateral contractual provisions could be used to limit consumers' ability to invoke exceptions and limitations in copyright law. Although the Office concluded that those issues were outside the scope of the study, and that “market forces may well prevent right holders from unreasonably limiting consumer privileges,” it also recognized that “it is possible that at some point in the future a case could be made for statutory change.” 26

    24Id. at 96-97.

    25Id. at xvi-xvii.

    26Id. at 162-64.

    D. Developments in Case Law

    In the meantime, courts, too, have weighed in on a number of issues concerning copyright protection of software, including copyrightability, the application of the fair use doctrine, and ownership of software by consumers. In analyzing these issues, however, courts have not generally distinguished between software installed on general purpose computers and that embedded in everyday products.

    Courts have helped define the scope of copyright protection for software and address questions of infringement through application of doctrines such as the idea/expression dichotomy (codified in 17 U.S.C. 102(b)), merger, and scènes à faire. 27 The idea/expression dichotomy, as applied to software, excludes from copyright protection the abstract “methodology or processes adopted by the programmer” in creating the code.28 In the context of software, the merger doctrine excludes certain otherwise creative expression from copyright protection when it is the only way, or one of a limited number of ways, to perform a given computing task.29 The scènes à faire doctrine has been used to limit or eliminate copyright protection for elements of a program that are dictated by external factors or by efficiency concerns, such as the mechanical specifications of the computer on which the program runs.30

    27See, e.g., Lexmark International, Inc. v. Static Control Components, Inc., 387 F.3d 522, 534-36 (6th Cir. 2004); Apple Computer, Inc. v. Franklin Computer Corp., 714 F.2d 1240, 1252-53 (3d Cir. 1983); Computer Management Assistance Co. v. DeCastro, 220 F.3d 396, 400-02 (5th Cir. 2000).

    28 H.R. Rep. No. 94-1476, at 9; see also CONTU Report at 22 (“[C]opyright leads to the result that anyone is free to make a computer carry out any unpatented process, but not to misappropriate another's writing to do so.”).

    29See CONTU Report at 20 (“[C]opyrighted language may be copied without infringing when there is but a limited number of ways to express a given idea. . . . In the computer context, this means that when specific instructions, even though previously copyrighted, are the only and essential means of accomplishing a given task, their later use by another will not amount to an infringement.”).

    30See, e.g., Lexmark, 387 F.3d at 535-36 (outlining applicability of doctrine to computer programs).

    The fair use doctrine, codified in 17 U.S.C. 107, is also relevant here. Courts have applied the fair use doctrine to permit uses of software that ensure interoperability of software with new products and devices. For example, in Sega Enterprises Ltd. v. Accolade, Inc., the Court of Appeals for the Ninth Circuit held that copying a video game console's computer program to decompile and reverse engineer the object code to make it interoperable with video games created by the defendant was a fair use.31 Similarly, in Sony Computer Entertainment, Inc. v. Connectix Corp., the court held that reverse engineering the operating system of a PlayStation gaming console to develop a computer program allowing users to play PlayStation video games on a desktop computer, as well as making copies in the course of such reverse engineering, was a fair use.32

    31 977 F.2d 1510, 1527-28 (9th Cir. 1992), amended by 1993 U.S. App. LEXIS 78 (9th Cir. 1993).

    32 203 F.3d 596, 602-08 (9th Cir. 2000).

    Another important issue courts have tackled involves the scope of section 117's limitations on exclusive rights in computer programs. Section 117(a) allows copies or adaptations of computer programs to be made either “as an essential step in the utilization of the computer program in conjunction with a machine” or for archival purposes, but this provision may only be invoked by “the owner of a copy of a computer program.” 33 This raises difficult questions regarding whether a consumer owns a copy of software installed on a device or machine for purposes of section 117 when formal title is lacking or a license purports to impose restrictions on the use of the computer program. Courts have provided somewhat conflicting guidance regarding this issue, and the application of the law can be unclear in many contexts.34

    33 17 U.S.C. 117(a).

    34Compare Krause v. Titleserv, Inc., 402 F.3d 119, 124 (2d Cir. 2005), with Vernor v. Autodesk, Inc., 621 F.3d 1102, 1111 (9th Cir. 2010).

    E. Recent Legislation

    Issues associated with the spread of copyrighted software in everyday products have prompted legislative action in an attempt to address some of the copyright issues created by the spread of such works.35 In the context of section 1201—which, as explained, is the subject of a separate Copyright Office study—Congress enacted legislation in August 2014 to broaden the regulatory exemption permitting the circumvention of technological measures for the purpose of connecting wireless telephone handsets to wireless communication networks (a process commonly known as “cellphone unlocking”).36

    35 Bills have also been introduced addressing related issues outside copyright law stemming from the spread of software in everyday products. The Spy Car Act of 2015 would direct the National Highway Traffic Safety Administration to conduct a rulemaking and issue motor vehicle cybersecurity regulations protecting against unauthorized access to electronic systems in vehicles or driving data, such as information about a vehicle's location, speed or owner, collected by such electronic systems. SPY Car Act of 2015, S. 1806, 114th Cong. sec. 2 (2015). A discussion draft introduced in the Commerce, Manufacturing, and Trade Subcommittee of the Energy & Commerce Committee of the House of Representatives would prohibit access to electronic control units or critical systems in a motor vehicle. A Bill to provide greater transparency, accountability, and safety authority to the National Highway Traffic Safety Administration, and for other purposes [Discussion Draft], 114th Cong. sec. 302 (2015), available at http://docs.house.gov/meetings/IF/IF17/20151021/104070/BILLS-114pih-DiscussionDraftonVehicleandRoadwaySafety.pdf.

    36See Unlocking Consumer Choice and Wireless Competition Act, Public Law 113-144, 128 Stat. 1751 (2014).

    The Unlocking Technology Act of 2015, as most pertinent to this study, would amend section 117 of the Copyright Act to permit the reproduction or adaptation of “the software or firmware of a user-purchased mobile communications device for the sole purpose of . . . connect[ing] to a wireless communications network” if the reproduction or adaptation is initiated by or with the consent of the owner of the device, the owner is in legal possession of the device, and the owner has the consent of the authorized operator of the wireless communications network to use the network.37 The legislation would also limit the prohibition on circumvention in section 1201 of title 17 to circumstances where circumvention is carried out in order to infringe or facilitate the infringement of a copyrighted work, and would permit the use of or trafficking in circumvention devices unless the intent of such use or trafficking is to infringe or facilitate infringement.38

    37 Unlocking Technology Act, H.R. 1587, 114th Cong. sec. 3 (2015).

    38Id. sec. 2.

    In addition, the You Own Devices Act (“YODA”) would amend section 109 of the Copyright Act to allow the transfer of ownership of a copy of a computer program embedded on a machine or other product “if [the] computer program enables any part of [that] machine or other product to operate,” as well as any right to receive software updates or security patches from the manufacturer.39 This right of transfer could not be waived by any contractual agreement.40 In addition, the original owner of the device would be prohibited from retaining an unauthorized copy of the computer program after transferring the device and the computer program to another person.41

    39 YODA, H.R. 862, 114th Cong. sec. 2 (2015).

    40Id.

    41Id.

    F. Relationship to Questions About Section 1201

    Some issues related to software embedded in everyday products have come to the forefront in recent years through the 1201 rulemaking process. As the Copyright Office has frequently noted, the 1201 rulemaking can serve as a barometer for larger public policy questions, including issues that may merit or would require legislative change. The public should not submit concerns about section 1201 through this software study, but rather through the Copyright Office's forthcoming study on section 1201, information about which will be available shortly at http://www.copyright.gov/.

    II. Subjects of Inquiry

    In response to the letter from Senators Grassley and Leahy, the Office is seeking public comment on the following five topics. A party choosing to respond to this Notice of Inquiry need not address every subject, but the Office requests that responding parties clearly identify and separately address each subject for which a response is submitted.

    1. The provisions of the copyright law that are implicated by the ubiquity of copyrighted software in everyday products;

    2. Whether, and to what extent, the design, distribution, and legitimate uses of products are being enabled and/or frustrated by the application of existing copyright law to software in everyday products;

    3. Whether, and to what extent, innovative services are being enabled and/or frustrated by the application of existing copyright law to software in everyday products;

    4. Whether, and to what extent, legitimate interests or business models for copyright owners and users could be undermined or improved by changes to the copyright law in this area; and

    5. Key issues in how the copyright law intersects with other areas of law in establishing how products that rely on software to function can be lawfully used.

    When addressing these topics, respondents should consider the following specific issues:

    1. Whether copyright law should distinguish between software embedded in “everyday products” and other types of software, and, if so, how such a distinction might be drawn in an administrable manner.

    a. Whether “everyday products” can be distinguished from other products that contain software, such as general purpose computers—essentially how to define “everyday products.”

    b. If distinguishing between software embedded in “everyday products” and other types of software is impracticable, whether there are alternative ways the Office can distinguish between categories of software.

    2. The rationale and proper scope of copyright protection for software embedded in everyday products, including the extent to which copyright infringement is a concern with respect to such software.

    3. The need to enable interoperability with software-embedded devices, including specific examples of ways in which the law frustrates or enables such interoperability.

    4. Whether current limitations on and exceptions to copyright protection adequately address issues concerning software embedded in everyday products, or whether amendments or clarifications would be useful. Specific areas of interest include:

    a. The idea/expression dichotomy (codified in 17 U.S.C. 102(b))

    b. The merger doctrine

    c. The scènes à faire doctrine

    d. Fair use (codified in 17 U.S.C. 107)

    e. The first-sale doctrine (codified in 17 U.S.C. 109)

    f. Statutory limitations on exclusive rights in computer programs (codified in 17 U.S.C. 117)

    5. The state of contract law vis-à-vis software embedded in everyday products, and how contracts such as end user license agreements impact investment in and the dissemination and use of everyday products, including whether any legislative action in this area is needed.

    6. Any additional relevant issues not raised above.

    Dated: December 9, 2015. Maria A. Pallante, Register of Copyrights, U.S. Copyright Office.
    [FR Doc. 2015-31411 Filed 12-14-15; 8:45 am] BILLING CODE 1410-30-P
    NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Information Security Oversight Office [NARA-2016-007] State, Local, Tribal, and Private Sector Policy Advisory Committee (SLTPS-PAC) Meeting AGENCY:

    National Archives and Records Administration (NARA).

    ACTION:

    Notice of Advisory Committee Meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act (5 U.S.C. app 2) and implementing regulation 41 CFR 101-6, NARA announces the following committee meeting.

    DATES:

    The meeting will be on January 27, 2016, from 10:00 a.m. to 12:00 p.m. EDT.

    ADDRESSES:

    National Archives and Records Administration; 700 Pennsylvania Avenue NW.; Jefferson Room; Washington, DC 20408.

    FOR FURTHER INFORMATION CONTACT:

    Robert J. Skwirot, Senior Program Analyst, by mail at ISOO, National Archives Building; 700 Pennsylvania Avenue NW.; Washington, DC 20408, by telephone number at (202) 357-5398, or by email at [email protected] Contact ISOO at [email protected]

    SUPPLEMENTARY INFORMATION:

    The purpose of this meeting is to discuss matters relating to the Classified National Security Information Program for State, Local, Tribal, and Private Sector Entities. The meeting will be open to the public. However, due to space limitations and access procedures, you must submit the name and telephone number of individuals planning to attend to the Information Security Oversight Office (ISOO) no later than Friday, January 22, 2016. ISOO will provide additional instructions for accessing the meeting's location.

    Dated: December 8, 2015. Patrice Little Murray, Committee Management Officer.
    [FR Doc. 2015-31526 Filed 12-14-15; 8:45 am] BILLING CODE 7515-01-P
    NATIONAL LABOR RELATIONS BOARD Notice of Appointments of Individuals To Serve as Members of Performance Review Boards; Correction Authority:

    5 U.S.C. 4314(c)(4).

    AGENCY:

    National Labor Relations Board.

    ACTION:

    Notice; correction.

    SUMMARY:

    The National Labor Relations Board published a document in the Federal Register of November 25, 2015, giving notice that certain named individuals had been appointed to serve as members of performance review boards in the National Labor Relations Board for the rating year beginning October 1, 2014 and ending September 30, 2015. The document failed to list one of the individuals so appointed.

    FOR FURTHER INFORMATION CONTACT:

    Gary Shinners, Executive Secretary, National Labor Relations Board, 1099 14th Street NW., Washington, DC 20570, (202) 273-3737 (this is not a toll-free number), 1-866-315-6572 (TTY/TDD).

    Correction

    In the Federal Register of November 25, 2015, in FR Doc. 2015-30031, on page 73836, in the third column, correct the list of names of individuals appointed to serve as members of performance review boards by adding the following individual:

    Name and Title Deborah Yaffee—Director, Office of Appeals Dated: December 9, 2015.

    By Direction of the Board.

    William B. Cowen, Solicitor.
    [FR Doc. 2015-31421 Filed 12-14-15; 8:45 am] BILLING CODE 7545-01-P
    NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-275, 50-323, and 72-26; NRC-2015-0244] Pacific Gas and Electric Company; Diablo Canyon Power Plant, Units 1 and 2, and Diablo Canyon Independent Spent Fuel Storage Installation AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Finding of no significant impact with associated environmental assessment; final issuance.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is issuing an environmental assessment (EA) and finding of no significant impact (FONSI) related to a request to amend the Facility Operating License Nos. DPR-80, DPR-82, and SNM-2511 issued to Pacific Gas and Electric Company (PG&E), for operation of the Diablo Canyon Power Plant, Units 1 and 2, including the specific-license Independent Spent Fuel Storage Installation (hereinafter DCPP or the facility), located in San Luis Obispo County, California. The requested amendments would permit licensee security personnel to use certain firearms and ammunition feeding devices not previously permitted, notwithstanding State, local, and certain Federal firearms laws or regulations that otherwise prohibit such actions.

    ADDRESSES:

    Please refer to Docket ID NRC-2015-0244 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:

    • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0244. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected]. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    • NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. The ADAMS accession number for each document referenced (if that document is available in ADAMS) is provided the first time that a document is referenced. The application for amendments, dated September 24, 2013, and letter dated December 18, 2013, contain sensitive unclassified non-safeguards information (SUNSI) and are being withheld from public disclosure. A redacted version of the application for amendments, dated September 24, 2013, is available in ADAMS under Accession No. ML13268A398. The supplement dated December 18, 2013, is withheld in its entirety.

    • NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    FOR FURTHER INFORMATION CONTACT:

    Siva P. Lingam, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-1564, email: [email protected].

    SUPPLEMENTARY INFORMATION: I. Introduction

    The NRC is considering a request to amend the Facility Operating License Nos. DPR-80, DPR-82, and SNM-2511 issued to PG&E, for operation of DCPP, located in San Luis Obispo County, California in accordance with 10 CFR 50.90 of title 10 of the Code of Federal Regulations (10 CFR). Consistent with 10 CFR 51.21, the NRC has reviewed the requirements in 10 CFR 51.20(b) and 10 CFR 51.22(c) and determined that an EA is the appropriate form of environmental review. Based on the results of the EA, the NRC is issuing this final FONSI. The requested amendments would permit licensee security personnel to use certain firearms and ammunition feeding devices not previously permitted, notwithstanding State, local, and certain Federal firearms laws, or regulations that otherwise prohibit such actions. The NRC published a draft EA and FONSI on the proposed action for public comment in the Federal Register on October 28, 2015 (80 FR 66054). No comments were received.

    II. Environmental Assessment Identification of the Proposed Action

    The proposed action would permit security personnel at DCPP in the performance of their official duties, to transfer, receive, possess, transport, import, and use certain firearms, and large capacity ammunition feeding devices not previously permitted to be owned or possessed, notwithstanding State, local, and certain Federal firearms laws, or regulations, that otherwise prohibit such actions.

    The proposed action is in accordance with the PG&E's application dated September 24, 2013 (ADAMS Accession No. ML13268A398), as supplemented by letters dated December 18, 2013, May 15, 2014 (ADAMS Accession No. ML14135A379), and March 26, 2015 (ADAMS Accession No. ML15085A572).

    The Need for the Proposed Action

    The proposed action would allow the transfer, receipt, possession, transportation, importation and use of those firearms and devices needed in the performance of official duties required for the protection of an NRC designated facility and associated special nuclear materials, consistent with the NRC approved security plan.

    Environmental Impacts of the Proposed Action

    The NRC has completed its evaluation of the proposed action and concludes that the proposed action would only allow the use of those firearms and devices necessary to protect DCPP and associated special nuclear material, consistent with the DCPP NRC-approved security plan. Therefore, the proposed action would not significantly increase the probability or consequences of accidents. In addition, the proposed action would not change the types and the amounts of any effluents that may be released offsite. There would also be no significant increase in occupational or public radiation exposure. Therefore, there would be no significant radiological environmental impacts associated with the proposed action.

    The proposed action would not impact land, air, or water resources, including biota. In addition, the proposed action would not result in any socioeconomic or environmental justice impacts or impacts to historic and cultural resources. Therefore, there would also be no significant non-radiological environmental impacts associated with the proposed action.

    Accordingly, the NRC concludes that the issuance of the requested amendment would not result in significant environmental impacts.

    Details of the NRC's evaluation will be provided in a letter to the licensee.

    Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the staff considered denying the proposed action (i.e., the “no-action” alternative). Denial of the license amendment request would result in no change in current environmental conditions at the DCPP.

    Alternative Use of Resources

    The proposed action would not involve the use of any resources.

    Agencies and Persons Consulted

    The staff did not consult with any other Federal Agency or State of California agencies regarding the environmental impact of the proposed action.

    III. Finding of No Significant Impact

    The licensee has requested license amendments to permit licensee security personnel in the performance of official duties, to transfer, receive, possess, transport, import, and use certain firearms, and large capacity ammunition feeding devices not previously permitted to be owned or possessed notwithstanding State, local, and certain Federal firearms laws, including regulations that would otherwise prohibit such actions.

    On the basis of the information presented in this environmental assessment, the NRC concludes that the proposed action would not cause any significant environmental impact and would not have a significant effect on the quality of the human environment. In addition, the NRC has determined that an environmental impact statement is not necessary for the evaluation of this proposed action.

    Other than the licensee's application dated September 24, 2013, there are no other environmental documents associated with this review. These documents are available for public inspection as indicated above.

    Dated at Rockville, Maryland, this 8 day of December 2015.

    For the Nuclear Regulatory Commission.

    Robert J. Pascarelli, Chief, Plant Licensing Branch IV-1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
    [FR Doc. 2015-31529 Filed 12-14-15; 8:45 am] BILLING CODE 7590-01-P
    POSTAL REGULATORY COMMISSION [Docket Nos. MC2016-27 and CP2016-33; Order No. 2860] New Postal Product AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recent Postal Service filing concerning the addition of Priority Mail Express & Priority Mail Contract 24 negotiated service agreement to the competitive product list. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: December 16, 2015.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction II. Notice of Commission Action III. Ordering Paragraphs I. Introduction

    In accordance with 39 U.S.C. 3642 and 39 CFR 3020.30 et seq., the Postal Service filed a formal request and associated supporting information to add Priority Mail Express & Priority Mail Contract 24 to the competitive product list.1

    1 Request of the United States Postal Service to Add Priority Mail Express & Priority Mail Contract 24 to Competitive Product List and Notice of Filing (Under Seal) of Unredacted Governors' Decision, Contract, and Supporting Data, December 8, 2015 (Request).

    The Postal Service contemporaneously filed a redacted contract related to the proposed new product under 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. Request, Attachment B.

    To support its Request, the Postal Service filed a copy of the contract, a copy of the Governors' Decision authorizing the product, proposed changes to the Mail Classification Schedule, a Statement of Supporting Justification, a certification of compliance with 39 U.S.C. 3633(a), and an application for non-public treatment of certain materials. It also filed supporting financial workpapers.

    II. Notice of Commission Action

    The Commission establishes Docket Nos. MC2016-27 and CP2016-33 to consider the Request pertaining to the proposed Priority Mail Express & Priority Mail Contract 24 product and the related contract, respectively.

    The Commission invites comments on whether the Postal Service's filings in the captioned dockets are consistent with the policies of 39 U.S.C. 3632, 3633, or 3642, 39 CFR part 3015, and 39 CFR part 3020, subpart B. Comments are due no later than December 16, 2015. The public portions of these filings can be accessed via the Commission's Web site (http://www.prc.gov).

    The Commission appoints James F. Callow to serve as Public Representative in these dockets.

    III. Ordering Paragraphs

    It is ordered:

    1. The Commission establishes Docket Nos. MC2016-27 and CP2016-33 to consider the matters raised in each docket.

    2. Pursuant to 39 U.S.C. 505, James F. Callow is appointed to serve as an officer of the Commission to represent the interests of the general public in these proceedings (Public Representative).

    3. Comments are due no later than December 16, 2015.

    4. The Secretary shall arrange for publication of this order in the Federal Register.

    By the Commission.

    Stacy L. Ruble, Secretary.
    [FR Doc. 2015-31486 Filed 12-14-15; 8:45 am] BILLING CODE 7710-FW-P
    POSTAL SERVICE Product Change—Parcel Select Negotiated Service Agreement AGENCY:

    Postal ServiceTM.

    ACTION:

    Notice.

    SUMMARY:

    The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

    DATES:

    Effective date: December 15, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Elizabeth A. Reed, 202-268-3179.

    SUPPLEMENTARY INFORMATION:

    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on December 8, 2015, it filed with the Postal Regulatory Commission a Request of the United States Postal Service to Add Parcel Select Contract 11 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2016-28, CP2016-34.

    Stanley F. Mires, Attorney, Federal Compliance.
    [FR Doc. 2015-31448 Filed 12-14-15; 8:45 am] BILLING CODE 7710-12-P
    POSTAL SERVICE Product Change—Priority Mail Negotiated Service Agreement AGENCY:

    Postal ServiceTM.

    ACTION:

    Notice.

    SUMMARY:

    The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

    DATES:

    Effective date: December 15, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Elizabeth A. Reed, 202-268-3179.

    SUPPLEMENTARY INFORMATION:

    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on December 8, 2015, it filed with the Postal Regulatory Commission a Request of the United States Postal Service to Add Priority Mail Contract 160 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2016-29, CP2016-35.

    Stanley F. Mires, Attorney, Federal Compliance.
    [FR Doc. 2015-31454 Filed 12-14-15; 8:45 am] BILLING CODE 7710-12-P
    POSTAL SERVICE Product Change—Priority Mail Express and Priority Mail Negotiated Service Agreement AGENCY:

    Postal ServiceTM.

    ACTION:

    Notice.

    SUMMARY:

    The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

    DATES:

    Effective date: December 15, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Elizabeth A. Reed, 202-268-3179.

    SUPPLEMENTARY INFORMATION:

    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on December 8, 2015, it filed with the Postal Regulatory Commission a Request of the United States Postal Service to Add Priority Mail Express & Priority Mail Contract 24 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2016-27, CP2016-33.

    Stanley F. Mires, Attorney, Federal Compliance.
    [FR Doc. 2015-31451 Filed 12-14-15; 8:45 am] BILLING CODE 7710-12-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-76602; File No. SR-EDGA-2015-44] Self-Regulatory Organizations; EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of EDGA Exchange, Inc. December 9, 2015.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on December 1, 2015, EDGA Exchange, Inc. (the “Exchange” or “EDGA”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II and III below, which Items have been prepared by the Exchange. The Exchange has designated the proposed rule change as one establishing or changing a member due, fee, or other charge imposed by the Exchange under Section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b-4(f)(2) thereunder,4 which renders the proposed rule change effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3 15 U.S.C. 78s(b)(3)(A)(ii).

    4 17 CFR 240.19b-4(f)(2).

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    The Exchange filed a proposal to amend its fees and rebates applicable to Members 5 of the Exchange pursuant to EDGA Rule 15.1(a) and (c) (“Fee Schedule”) to increase the fee for orders yielding fee code K, which routes to NASDAQ OMX PSX (“PSX”) using ROUC or ROUE routing strategy.

    5 The term “Member” is defined as “any registered broker or dealer, or any person associated with a registered broker or dealer, that has been admitted to membership in the Exchange. A Member will have the status of a “member” of the Exchange as that term is defined in Section 3(a)(3) of the Act.” See Exchange Rule 1.5(n).

    The text of the proposed rule change is available at the Exchange's Web site at www.batstrading.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant parts of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange proposes to increase the fee for orders yielding fee code K, which routes to PSX using ROUC or ROUE routing strategy. In securities priced at or above $1.00, the Exchange currently assesses a fee of $0.0028 per share for Members' orders that yield fee code K. The Exchange proposes to amend its Fee Schedule to increase this fee to $0.0029 per share. The proposed change would enable the Exchange to pass through the rate that BATS Trading, Inc. (“BATS Trading”), the Exchange's affiliated routing broker-dealer, is charged for routing orders to PSX when it does not qualify for a volume tiered reduced fee. The proposed change is in response to PSX's December 2015 fee change where PSX increased the fee to remove liquidity via routable order types it charges its customers, from a fee of $0.0027 per share to a fee of $0.0028 per share for Tapes A and B securities and from a fee of $0.0028 per share to $0.0029 per share for Tape C securities.6 When BATS Trading routes to PSX, it will now be charged a standard rate of $0.0028 per share for Tapes A and B securities and $0.0029 per share for Tape C securities.7 BATS Trading will pass through this rate to the Exchange and the Exchange, in turn, will pass through of a rate of $0.0029 per share for Tape A, B, and C securities to its Members.8 The proposed increase to the fee under fee code K would enable the Exchange to equitably allocate its costs among all Members utilizing fee code K. The Exchange proposes to implement this amendment to its Fee Schedule immediately.

    6See Equity Trader Alert 2015-189, available at http://www.nasdaqtrader.com/TraderNews.aspx?id=ETA-2015-189.

    7 The Exchange notes that to the extent BATS Trading does or does not achieve any volume tiered reduced fee on PSX, its rate for fee code K will not change.

    8 The Exchange notes that, due to billing system limitations that do not allow for separate rates by tape, it will pass through the higher fee of $0.0029 per share for all Tapes A, B & C securities.

    2. Statutory Basis

    The Exchange believes that the proposed rule change is consistent with the objectives of Section 6 of the Act,9 in general, and furthers the objectives of Section 6(b)(4),10 in particular, as it is designed to provide for the equitable allocation of reasonable dues, fees and other charges among its Members and other persons using its facilities. The Exchange believes that its proposal to increase the fee for Members' orders that yield fee code K represents an equitable allocation of reasonable dues, fees, and other charges among Members and other persons using its facilities because the Exchange does not levy additional fees or offer additional rebates for orders that it routes to PSX through BATS Trading. As of December 1, 2015, PSX increased the fee to remove liquidity from a fee of $0.0027 per share to a fee of $0.0028 per share for Tapes A and B securities and from a fee of $0.0028 per share to $0.0029 per share for Tape C securities.11 Therefore, the Exchange believes that its proposal to pass through a fee of $0.0029 per share for orders that yield fee code K is equitable and reasonable because it accounts for the pricing changes on PSX. In addition, the proposal allows the Exchange to now charge its Members a pass-through rate for orders that are routed to PSX. Furthermore, the Exchange notes that routing through BATS Trading is voluntary. Lastly, the Exchange also believes that the proposed amendment is non-discriminatory because it applies uniformly to all Members.

    9 15 U.S.C. 78f.

    10 15 U.S.C. 78f(b)(4).

    11See supra note 4.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    This proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Exchange does not believe that this change represents a significant departure from previous pricing offered by the Exchange or pricing offered by the Exchange's competitors. Additionally, Members may opt to disfavor the Exchange's pricing if they believe that alternatives offer them better value. Accordingly, the Exchange does not believe that the proposed changes will impair the ability of Members or competing venues to maintain their competitive standing in the financial markets. The Exchange believes that its proposal to pass through a fee of $0.0029 per share for Members' orders that yield fee code K would increase intermarket competition because it offers customers an alternative means to route to PSX. The Exchange believes that its proposal would not burden intramarket competition because the proposed rate would apply uniformly to all Members.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from Members or other interested parties.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 12 and paragraph (f) of Rule 19b-4 thereunder.13 At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act.

    12 15 U.S.C. 78s(b)(3)(A).

    13 17 CFR 240.19b-4(f).

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-EDGA-2015-44 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-EDGA-2015-44. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-EDGA-2015-44, and should be submitted on or before January 5, 2016.

    14 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.14

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2015-31443 Filed 12-14-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-76599; File No. SR-NYSE-2015-65] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to NYSE Trades Market Data Product Offering December 9, 2015.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on November 24, 2015, New York Stock Exchange LLC (“NYSE” or the “Exchange”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Trades market data product offering. The text of the proposed rule change is available on the Exchange's Web site at www.nyse.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange proposes to amend the NYSE Trades market data feed product offering.

    NYSE Trades is an NYSE-only last-sale market data feed. NYSE Trades currently allows vendors, broker-dealers and others to make available on a real-time basis the same last sale information that the Exchange reports under the Consolidated Tape Association (“CTA”) Plan for inclusion in the CTA Plan's consolidated data streams. Specifically, the NYSE Trades feed includes, for each security traded on the Exchange, the real-time last sale price, time and size information and bid/ask quotations at the time of each sale and a stock summary message. The stock summary message updates every minute and includes NYSE's opening price, high price, low price, closing price, and cumulative volume for the security.3

    3See Securities Exchange Act Release Nos. 59309 (Jan. 28, 2009), 74 FR 6073 (Feb. 4, 2009) (SR-NYSE-2009-04), 69272 (April 2, 2013), 78 FR 20983 (April 8, 2013) (SR-NYSE-2013-23) and 70066 (July 30, 2013), 78 FR 47474 (Aug. 5, 2013) (SR-NYSE-2013-53).

    The Exchange proposes to remove the bid/ask information from the NYSE Trades feed, thereby focusing the NYSE Trades feed on NYSE last sale information. This change would streamline the NYSE Trades content, as well as align NYSE Trades content with that of last sale data feeds offered by other exchanges.4 The NYSE BBO data feed includes, and would continue to include, the best bids and offers for all securities that are traded on the Exchange for which NYSE reports quotes under the Consolidated Quotation (“CQ”) Plan for inclusion in the CQ Plan's consolidated quotation information data stream.5 The Exchange would continue to make NYSE last sale information available through NYSE Trades immediately after it provides last sale information to the processor under the CTA Plan.

    4See NASDAQ Rule 7039 (Nasdaq Last Sale) and BATS Rule 11.22(g) (BATS Last Sale).

    5See Securities Exchange Act Release No. 72327 (June 5, 2014), 79 FR 33625 (June 11, 2014) (SR-NYSE-2014-27).

    The Exchange expects to offer both the current NYSE Trades data product and the proposed NYSE Trades data product for a limited transition period. After the transition period, the Exchange would stop offering the current NYSE Trades data product and offer only the NYSE Trades data product proposed in this filing. The Exchange would announce the transition dates in advance. There would be no change to the fees for NYSE Trades in connection with the proposed changes.

    2. Statutory Basis

    The proposed rule change is consistent with Section 6(b) 6 of the Act, in general, and furthers the objectives of Section 6(b)(5) 7 of the Act, in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest, and it is not designed to permit unfair discrimination among customers, brokers, or dealers.

    6 15 U.S.C. 78f(b).

    7 15 U.S.C. 78f(b)(5).

    The Exchange believes that modifying the NYSE Trades product to remove the bid/ask information it currently includes and to provide only NYSE last sale information would streamline the product and clarify the purpose and use for each of the NYSE proprietary market data products. NYSE Trades' content, as proposed, would be consistent with that of last sale data feeds offered by other exchanges, which similarly offer last sale market data products that do not include bid and offer information.8

    8See supra note 4.

    In addition, the proposal would not permit unfair discrimination because the product would be available to all of the Exchange's market data vendors and customers on an equivalent basis.

    In adopting Regulation NMS, the Commission granted self-regulatory organizations and broker-dealers increased authority and flexibility to offer new and unique market data to consumers of such data. It was believed that this authority would expand the amount of data available to users and consumers of such data and also spur innovation and competition for the provision of market data. The Exchange believes that the data product modification proposed herein, focusing the NYSE Trades feed on last sale data by removing the bid/ask data, is precisely the sort of market data product enhancement that the Commission envisioned when it adopted Regulation NMS. The Commission concluded that Regulation NMS—by lessening regulation of the market in proprietary data—would itself further the Act's goals of facilitating efficiency and competition:

    [E]fficiency is promoted when broker-dealers who do not need the data beyond the prices, sizes, market center identifications of the NBBO and consolidated last sale information are not required to receive (and pay for) such data. The Commission also believes that efficiency is promoted when broker-dealers may choose to receive (and pay for) additional market data based on their own internal analysis of the need for such data.9

    9See Securities Exchange Act Release No. 51808 (June 9, 2005), 70 FR 37496 (June 29, 2005) (File No. S7-10-04).

    By removing “unnecessary regulatory restrictions” on the ability of exchanges to sell their own data, Regulation NMS advanced the goals of the Act and the principles reflected in its legislative history.

    The Exchange further notes that the existence of alternatives to the Exchange's products, including real-time consolidated data, free delayed consolidated data, and proprietary data from other sources, ensures that the Exchange is not unreasonably discriminatory because vendors and subscribers can elect these alternatives. In addition, the proposal would not permit unfair discrimination because the modified product would be available to all of the Exchange's vendors and customers on an equivalent basis.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The market for proprietary data products is currently competitive and inherently contestable because there is fierce competition for the inputs necessary to the creation of proprietary data. Numerous exchanges compete with each other for listings, trades, and market data itself, providing virtually limitless opportunities for entrepreneurs who wish to produce and distribute their own market data. This proprietary data is produced by each individual exchange, as well as other entities (such as internalizing broker-dealers and various forms of alternative trading systems, including dark pools and electronic communication networks), in a vigorously competitive market. It is common for market participants to further and exploit this competition by sending their order flow and transaction reports to multiple markets, rather than providing them all to a single market.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the proposed rule change.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The Exchange has filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 10 and Rule 19b-4(f)(6) thereunder.11 Because the proposed rule change does not: (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative prior to 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6)(iii) thereunder.

    10 15 U.S.C. 78s(b)(3)(A)(iii).

    11 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement.

    At any time within 60 days of the filing of such proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings under Section 19(b)(2)(B) 12 of the Act to determine whether the proposed rule change should be approved or disapproved.

    12 15 U.S.C. 78s(b)(2)(B).

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-NYSE-2015-65 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-NYSE-2015-65. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal offices of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2015-65, and should be submitted on or before January 5, 2016.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.13

    13 17 CFR 200.30-3(a)(12).

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2015-31440 Filed 12-14-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission will hold a Closed Meeting on Thursday, December 17, 2015 at 10:30 a.m.

    Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters also may be present.

    The General Counsel of the Commission, or her designee, has certified that, in her opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 200.402(a)(3), (a)(5), (a)(7), (a)(9)(ii) and (a)(10), permit consideration of the scheduled matter at the Closed Meeting.

    Commissioner Piwowar, as duty officer, voted to consider the items listed for the Closed Meeting in closed session.

    The subject matter of the Closed Meeting will be:

    Institution and settlement of injunctive actions;

    Institution and settlement of administrative proceedings; and

    Other matters relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in the scheduling of meeting items.

    For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact the Office of the Secretary at (202) 551-5400.

    Dated: December 10, 2015. Brent J. Fields, Secretary.
    [FR Doc. 2015-31579 Filed 12-11-15; 11:15 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-76596; File No. SR-BATS-2015-111] Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 19.6, Series of Options Contracts Open for Trading December 9, 2015.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on December 2, 2015, BATS Exchange, Inc. (“Exchange” or “BATS”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    The Exchange filed a proposal for the Exchange's equity options platform (“BZX Options”) to amend Interpretation and Policy .07 (Mini Options Contracts) to Rule 19.6 (Series of Options Contracts Open for Trading).

    The text of the proposed rule change is available at the Exchange's Web site at www.batstrading.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant parts of such statements.

    (A) Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange proposes to amend Interpretation and Policy .07 to Rule 19.6 regarding Mini Options Contracts traded on BZX Options, to replace the name “Google Inc.” with “Alphabet Inc.” Google Inc. (“Google”) recently reorganized to create a new public holding company called Alphabet Inc. (“Alphabet”). As a result of the holding company reorganization, each share of Class A Common Stock (“GOOG”), which the Exchange has listed as a Mini Options Contract, has automatically converted into an equivalent corresponding share of Alphabet Inc. stock. The Exchange also proposes to change symbol “GOOG” in Interpretation and Policy .07 to Rule 19.6 to “GOOGL” to make the BZX Options Alphabet Class A Common Stock Mini Options Contract symbol consistent with the Alphabet symbols used across the national exchanges.

    The Exchange proposes this change to Interpretation and Policy .07 to enable the Exchange to list and trade Mini Options Contract on Google, now Alphabet, Class A shares. The Exchange is proposing to make this change because, on October 5, 2015 Google reorganized and as a result underwent a name change.

    The purpose of this change is to ensure that Interpretation and Policy .07 to Rule 19.6 reflects the Exchange's intention to be able to list and trade Mini Options on an exhaustive list of underlying securities enumerated in Interpretation and Policy .07 to Rule 19.6. This change is meant to continue the inclusion of Class A shares of Google (now Alphabet) in the current list of underlying securities that Mini Options Contracts can be traded on, while making clear that Class C Capital Stock shares of Google (now Alphabet) are not part of that list as that class of options has not been approved for Mini Options Contracts trading. As a result, the proposed change will help avoid confusion.

    2. Statutory Basis

    The Exchange believes that its proposal is consistent with the requirements of the Act and the rules and regulations thereunder that are applicable to a national securities exchange, and, in particular, with the requirements of Section 6(b) of the Act.3 Specifically, the proposal is consistent with Section 6(b)(5) of the Act 4 because it would promote just and equitable principles of trade, remove impediments to, and perfect the mechanism of, a free and open market and a national market system and, in general, to protect investors and the public interest. Additionally, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 5 requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers.

    3 15 U.S.C. 78f(b).

    4 15 U.S.C. 78f(b)(5).

    5Id.

    In particular, the proposal to change the name Google to Alphabet to reflect the new ownership structure is consistent with the Act because the proposed change merely updates the current name to allow for continued Mini Options Contracts trading on Google's (now Alphabet) Class A shares and changes the symbol “GOOG” to “GOOGL” to be consistent with other national exchanges. The proposed change will allow for continued benefit to investors by enabling the Exchange to provide them with additional investment alternatives.

    (B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change does not impose any burden on intra-market competition because it applies to all members and member organizations uniformly. There is no burden on inter-market competition because the exchange [sic] is merely attempting to continue to have the ability to list and trade Class A shares of the company formerly known as Google, now Alphabet, as a Mini Option Contract. Additionally, the changing the “GOOG” symbol to “GOOGL” will be a change in name-only. The new symbol will continue to represent shares of Google's (now Alphabet's) Class A shares. As a result, there will be no substantive changes to the Exchange's operations or its rules.

    (C) Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others

    The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any written comments from members or other interested parties.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    Because the proposed rule change does not (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 6 and Rule 19b-4(f)(6) thereunder.7

    6 15 U.S.C. 78s(b)(3)(A).

    7 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to give the Commission written notice of the Exchange's intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement.

    A proposed rule change filed under Rule 19b-4(f)(6) 8 normally does not become operative for 30 days after the date of filing. However, pursuant to Rule 19b-4(f)(6)(iii) 9 the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest.

    8 17 CFR 240.19b-4(f)(6).

    9 17 CFR 240.19b-4(f)(6)(iii).

    The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest as it will allow the Exchange to accurately reflect the new ownership structure and ticker symbol for Alphabet Class A shares and to continue to list and trade mini options on Alphabet's Class A shares, formerly Google Class A shares. For these reasons, the Commission designates the proposed rule change to be operative upon filing.10

    10 For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f).

    At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-BATS-2015-111 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-BATS-2015-111. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BATS-2015-111, and should be submitted on or before January 5, 2016.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.11

    11 17 CFR 200.30-3(a)(12).

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2015-31437 Filed 12-14-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-76601; File No. SR-NYSEMKT-2015-98] Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 123C—Equities To Define the Term “Official Closing Price” December 9, 2015.

    Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the “Act”) 2 and Rule 19b-4 thereunder,3 notice is hereby given that on November 25, 2015, NYSE MKT LLC (the “Exchange” or “NYSE MKT”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 15 U.S.C. 78a.

    3 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    The Exchange proposes to amend Rule 123C—Equities to define the term “Official Closing Price.” The proposed rule change is available on the Exchange's Web site at www.nyse.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange proposes to amend Rule 123C—Equities (“Rule 123C”) to define the term “Official Closing Price” and specify how the Exchange would determine the Official Closing Price for all securities listed on the Exchange.

    Currently, if the Exchange does not conduct a closing transaction in a security, it does not specify any closing price information about that security.4 The Exchange proposes to amend Rule 123C to define the term “Official Closing Price” and specify how such price would be determined. The Exchange's proposed rule is similar to rules of other listing exchanges, which similarly define an Official Closing Price.5

    4 For example, if there is insufficient interest, e.g., the highest price order to buy is priced lower than the lowest price order to sell and there are no market orders for the closing transaction, the Exchange will not hold a closing auction. Similarly, if a security is subject to a regulatory halt as of 4:00 p.m. Eastern Time, the Exchange will not conduct a closing auction in that security.

    5See, e.g., NYSE Arca Equities, Inc. (“NYSE Arca Equities”) Rule 1.1(ggP) (defining the term “Official Closing Price”); NASDAQ Stock Market LLC (“Nasdaq”) Rules 4754(b)(4) and (b)(6)(A)(ii) (defining the term “Official Closing Price”); and BATS Exchange, Inc. (“BATS”) Rule 11.23(c)(2)(B) (determining the BATS Official Closing Price).

    As proposed, Rule 123C(1)(e) would provide that the Official Closing Price of a security listed on the Exchange would be determined as set forth in proposed Rules 123C(1)(e)(i) and (ii). Proposed Rule 123C(1)(e)(i) would provide that the Official Closing Price would be the price established in a closing transaction under paragraphs (7) and (8) of Rule 123C of one round lot or more. As further proposed, if there is no closing transaction in a security or if a closing transaction is less than one round lot, the Official Closing Price would be the most recent last-sale eligible trade in such security on the Exchange on that trading day. For example, there would not be a closing transaction in a security if there is insufficient trading interest for a closing transaction of a round lot or more or because the security has been halted as of 4:00 p.m. Eastern Time. If there were no closing transaction and no last-sale eligible trades on the Exchange on that trading day, the Exchange proposes that the Official Closing Price would be the prior day's Official Closing Price. As such, the Exchange would carry over the prior day's Official Closing Price for a security until such time that there is either a closing transaction on the Exchange or a last-sale eligible trade on the Exchange in such security.

    For example, if on Monday, a security trades on the NYSE at 3:00 p.m. for $10.00, but there is no closing transaction, the Official Closing Price for that security on Monday would be $10.00. If on Tuesday there are no trades in that security on the Exchange and no closing transaction, Tuesday's Official Closing Price would be the Official Closing Price for the prior day, which was $10.00. Similarly, if on Wednesday, there are still no trades on the Exchange in that security, Wednesday's Official Closing Price would be Tuesday's Official Closing Price, which was $10.00. The Official Closing Price for the security would continue to be $10.00 until there is either a closing transaction or a last-sale eligible trade on the Exchange on a trading day in the security.

    As further proposed, Rule 123C(1)(e)(ii) would provide that if the Exchange were unable to conduct a closing transaction due to a systems or technical issue, the Official Closing Price would be the last consolidated last-sale eligible trade during regular trading hours on that trading day.6 This proposed rule is similar to New York Stock Exchange LLC (“NYSE”) Rule 440B(c)(3), which provides that the NYSE will use the consolidated last sale price for determining whether to trigger a Short Sale Price Test under that rule if there is no closing transaction due to a systems or technical issue. Similar to the NYSE, the Exchange proposes to use the consolidated last sale price rather than the Exchange last sale price when there is a systems or technical issue preventing the Exchange from conducting an auction because trading may be continuing on other markets while the Exchange's systems are impaired, and therefore the Exchange's last sale price may not be reflective of the most recent price of a security.

    6 The Exchange is in the process of working with Nasdaq and NYSE Arca to establish back-up procedures if one or more of these markets is unable to conduct an auction. See NYSE press release dated July 22, 2015, available here: http://ir.theice.com/press-and-publications/press-releases/all-categories/2015/07-22-2015.aspx. In connection with this initiative, the Exchange notes that it will file a separate proposed rule change to amend the definition of “Official Closing Price” to address how the markets would serve as alternate back-up venues. Until such time, the Exchange proposes to use the last consolidated last-sale eligible price as the Official Closing Price if the Exchange is unable to conduct an auction because of systems or technical issues.

    Proposed Rule 123C(1)(e)(ii) would further provide that if there were no consolidated last-sale eligible trades in a security on a trading day when the Exchange is unable to conduct a closing transaction in a security or securities due to a systems or technical issue, the Official Closing Price of such security would be the prior day's Official Closing Price. The Exchange notes that this proposal differs from NYSE Rule 440B(c)(3), which provides that if trading is interrupted on the Exchange because of a systems or technical issue and not restored on that trading day, the Exchange would use the most recent consolidated last sale price for that security on the most recent day on which the security traded for purposes of determining whether the short sale price test restrictions of Rule 201 of Regulation SHO are triggered. The Exchange believes that using the last Official Closing Price from the prior trading day instead of the most recent consolidated last-sale price would incorporate the Exchange's proposed new methodology for determining the Official Closing Price, as described above.

    For example, assuming the same facts as the scenario described above, when $10.00 is the Official Closing Price on Tuesday and Wednesday, if on Thursday, the Exchange experiences a systems issue and is not able to conduct a closing transaction in that security and there is no consolidated last sale for that trading day, the Official Closing Price would again be $10.00.

    The Exchange also proposes to change Rule 123C(8) to use the term “closing transaction,” instead of “closing print.” This change would conform the terminology in Rule 123C(8) to Rule 123C(7) and proposed Rule 123C(1)(e).

    Finally, the Exchange proposes to make conforming amendments to Rule 440B—Equities (“Rule 440B”), which governs Short Sales. Rule 440B(b) currently sets forth the procedures for a Short Sale Price Test and provides that Exchange systems will not execute or display a short sale order with respect to a covered security at a price that is less than or equal to the current national best bid if the price of that security decreases by 10% of more, as determined by the listing market for the security, from the security's closing price on the listing market as of the end of regular trading hours on the prior day (“Trigger Price”). If the Exchange does not have a closing transaction in a security, it currently uses the last sale price on the Exchange as the Trigger Price. Rule 440B(c)(2) further provides that if a covered security did not trade on the Exchange on the prior trading day (due to a trading halt, trading suspension, or otherwise) the Exchange's determination of the Trigger Price shall be based on the last sale price on the Exchange for that security on the most recent day on which the security traded.

    The Exchange proposes to use the new definition of “Official Closing Price” in Rule 440B. As proposed, Rule 440B(b) would provide that Exchange systems would not execute or display a short sale order with respect to a covered security at a price that is less than or equal to the current national best bid if the price of that security decreases by 10% or more, as determined by the listing market for that security, from the security's Official Closing Price, as defined in Rule 123C—Equities as of the end of regular trading hours on the prior day (“Trigger Price”). (emphasis added)

    As discussed above, the proposed new definition of Official Closing Price would incorporate what price the Exchange would use in circumstances when there is no closing auction. Consistent with current Rule 440B(c)(2), proposed Rule 123C(1)(e)(i) would provide that if there is no auction in a security, the last-sale eligible trade on the Exchange would be the Official Closing Price. In addition, similar to NYSE Rule 440B(c)(3), proposed Rule 123C(1)(e)(ii) would provide that if the Exchange is unable to conduct a closing auction because of a systems or technical issue, the last consolidated last-sale eligible trade on that trading day would be the Official Closing Price. Accordingly, the Exchange proposes a substantive difference to provide that if there is no consolidated last-sale price, the Exchange would use the prior day's Official Closing Price. Because the proposed definition of Official Closing Price would address the circumstances specified in Rule 440B(c)(2), the Exchange proposes to delete Rule 440B(c)(2) as redundant of the proposed use of “Official Closing Price” in Rule 440B(b).

    2. Statutory Basis

    The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act,7 in general, and furthers the objectives of Section 6(b)(5) of the Act,8 in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system.

    7 15 U.S.C. 78f(b).

    8 15 U.S.C. 78f(b)(5).

    The Exchange believes that the proposed rule change would remove impediments to and perfect the mechanism of a free and open market and a national market system because it would provide transparency in how the Exchange would determine the Official Closing Price in all Exchange-listed securities, regardless of whether there was a closing transaction. The Exchange believes that using the Exchange's last sale price as the Official Closing Price if there is no closing transaction would remove impediments to and perfect the mechanism of a free and open market because if there is insufficient trading interest for an auction, the last sale price on the Exchange in such security would likely reflect the most recent price for that security. The Exchange further believes that using the consolidated last sale price as the Official Closing Price if the Exchange is experiencing a system or technical issue that impairs the ability to conduct a closing transaction would remove impediments to and perfect the mechanism of a free and open market because if the Exchange's systems are not functioning, but other markets are trading, the consolidated last sale price on a trading day would likely reflect the most recent price for that security.

    The Exchange believes that amending Rule 440B to similarly use the term Official Closing Price would remove impediments to and perfect the mechanism of a free and open market and a national market system because it would promote transparency and consistency across Exchange rules. In particular, Rule 440B references the closing price on the listing market at the end of the regular trading hours for purposes of determining the Trigger Price under that rule. By using the term “Official Closing Price” in Rule 440B(b), the Exchange would be using a defined term and would obviate the need to separately describe the events currently set forth in Rule 440B(c)(2).

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change is not designed to address any competitive issues, but rather to provide greater transparency in Exchange rules regarding how the Exchange would determine the Official Closing Price for all securities listed on the Exchange.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the proposed rule change.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    Because the foregoing proposed rule does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, provided that the self-regulatory organization has given the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change or such shorter time as designated by the Commission,9 the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 10 and Rule 19b-4(f)(6) thereunder.11

    9 The Exchange has fulfilled this requirement.

    10 15 U.S.C. 78s(b)(3)(A).

    11 17 CFR 240.19b-4(f)(6).

    At any time within 60 days of the filing of such proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings under Section 19(b)(2)(B) 12 of the Act to determine whether the proposed rule change should be approved or disapproved.

    12 15 U.S.C. 78s(b)(2)(B).

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-NYSEMKT-2015-98 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-NYSEMKT-2015-98. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing will also be available for inspection and copying at the NYSE's principal office and on its Internet Web site at www.nyse.com. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEMKT-2015-98 and should be submitted on or before January 5, 2016.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.13

    13 17 CFR 200.30-3(a)(12).

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2015-31442 Filed 12-14-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-76603; File No. SR-EDGX-2015-58] Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees for Use of EDGX Exchange, Inc. December 9, 2015.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on December 1, 2015, EDGX Exchange, Inc. (the “Exchange” or “EDGX”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II and III below, which Items have been prepared by the Exchange. The Exchange has designated the proposed rule change as one establishing or changing a member due, fee, or other charge imposed by the Exchange under Section 19(b)(3)(A)(ii) of the Act 3 and Rule 19b-4(f)(2) thereunder,4 which renders the proposed rule change effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3 15 U.S.C. 78s(b)(3)(A)(ii).

    4 17 CFR 240.19b-4(f)(2).

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    The Exchange filed a proposal to amend its fees and rebates applicable to Members 5 of the Exchange pursuant to EDGX Rule 15.1(a) and (c) (“Fee Schedule”) to increase the fee for orders yielding fee code K, which routes to NASDAQ OMX PSX (“PSX”) using ROUC or ROUE routing strategy.

    5 The term “Member” is defined as “any registered broker or dealer, or any person associated with a registered broker or dealer, that has been admitted to membership in the Exchange. A Member will have the status of a “member” of the Exchange as that term is defined in Section 3(a)(3) of the Act.” See Exchange Rule 1.5(n).

    The text of the proposed rule change is available at the Exchange's Web site at www.batstrading.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant parts of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange proposes to increase the fee for orders yielding fee code K, which routes to PSX using ROUC or ROUE routing strategy. In securities priced at or above $1.00, the Exchange currently assesses a fee of $0.0028 per share for Members' orders that yield fee code K. The Exchange proposes to amend its Fee Schedule to increase this fee to $0.0029 per share. The proposed change would enable the Exchange to pass through the rate that BATS Trading, Inc. (“BATS Trading”), the Exchange's affiliated routing broker-dealer, is charged for routing orders to PSX when it does not qualify for a volume tiered reduced fee. The proposed change is in response to PSX's December 2015 fee change where PSX increased the fee to remove liquidity via routable order types it charges its customers, from a fee of $0.0027 per share to a fee of $0.0028 per share for Tapes A and B securities and from a fee of $0.0028 per share to $0.0029 per share for Tape C securities.6 When BATS Trading routes to PSX, it will now be charged a standard rate of $0.0028 per share for Tapes A and B securities and $0.0029 per share for Tape C securities.7 BATS Trading will pass through this rate to the Exchange and the Exchange, in turn, will pass through of a rate of $0.0029 per share for Tape A, B, and C securities to its Members.8 The proposed increase to the fee under fee code K would enable the Exchange to equitably allocate its costs among all Members utilizing fee code K. The Exchange proposes to implement this amendment to its Fee Schedule immediately.

    6See Equity Trader Alert 2015-189, available at http://www.nasdaqtrader.com/TraderNews.aspx?id=ETA-2015-189.

    7 The Exchange notes that to the extent BATS Trading does or does not achieve any volume tiered reduced fee on PSX, its rate for fee code K will not change.

    8 The Exchange notes that, due to billing system limitations that do not allow for separate rates by tape, it will pass through the higher fee of $0.0029 per share for all Tapes A, B & C securities.

    2. Statutory Basis

    The Exchange believes that the proposed rule change is consistent with the objectives of Section 6 of the Act,9 in general, and furthers the objectives of Section 6(b)(4),10 in particular, as it is designed to provide for the equitable allocation of reasonable dues, fees and other charges among its Members and other persons using its facilities. The Exchange believes that its proposal to increase the fee for Members' orders that yield fee code K represents an equitable allocation of reasonable dues, fees, and other charges among Members and other persons using its facilities because the Exchange does not levy additional fees or offer additional rebates for orders that it routes to PSX through BATS Trading. As of December 1, 2015, PSX increased the fee to remove liquidity from a fee of $0.0027 per share to a fee of $0.0028 per share for Tapes A and B securities and from a fee of $0.0028 per share to $0.0029 per share for Tape C securities.11 Therefore, the Exchange believes that its proposal to pass through a fee of $0.0029 per share for orders that yield fee code K is equitable and reasonable because it accounts for the pricing changes on PSX. In addition, the proposal allows the Exchange to now charge its Members a pass-through rate for orders that are routed to PSX. Furthermore, the Exchange notes that routing through BATS Trading is voluntary. Lastly, the Exchange also believes that the proposed amendment is non-discriminatory because it applies uniformly to all Members.

    9 15 U.S.C. 78f.

    10 15 U.S.C. 78f(b)(4).

    11See supra note 4.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    This proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Exchange does not believe that this change represents a significant departure from previous pricing offered by the Exchange or pricing offered by the Exchange's competitors. Additionally, Members may opt to disfavor the Exchange's pricing if they believe that alternatives offer them better value. Accordingly, the Exchange does not believe that the proposed changes will impair the ability of Members or competing venues to maintain their competitive standing in the financial markets. The Exchange believes that its proposal to pass through a fee of $0.0029 per share for Members' orders that yield fee code K would increase intermarket competition because it offers customers an alternative means to route to PSX. The Exchange believes that its proposal would not burden intramarket competition because the proposed rate would apply uniformly to all Members.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from Members or other interested parties.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 12 and paragraph (f) of Rule 19b-4 thereunder.13 At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act.

    12 15 U.S.C. 78s(b)(3)(A).

    13 17 CFR 240.19b-4(f).

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-EDGX-2015-58 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-EDGX-2015-58. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-EDGX-2015-58, and should be submitted on or before January 5, 2016.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.14

    Robert W. Errett, Deputy Secretary.

    14 17 CFR 200.30-3(a)(12).

    [FR Doc. 2015-31444 Filed 12-14-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-76600; File No. SR-NYSEMKT-2015-101] Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to NYSE MKT Trades Market Data Product Offering December 9, 2015.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on November 24, 2015, NYSE MKT LLC (“NYSE MKT” or the “Exchange”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    The Exchange proposes to amend the NYSE MKT Trades market data product offering. The text of the proposed rule change is available on the Exchange's Web site at www.nyse.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange proposes to amend the NYSE MKT Trades market data feed product offering.

    NYSE MKT Trades is an NYSE MKT-only last-sale market data feed. NYSE MKT Trades currently allows vendors, broker-dealers and others to make available on a real-time basis the same last sale information that the Exchange reports under the Consolidated Tape Association (“CTA”) Plan for inclusion in the CTA Plan's consolidated data streams. Specifically, the NYSE MKT Trades feed includes, for each security traded on the Exchange, the real-time last sale price, time and size information and bid/ask quotations at the time of each sale and a stock summary message. The stock summary message updates every minute and includes NYSE MKT's opening price, high price, low price, closing price, and cumulative volume for the security.3

    3See Securities Exchange Act Release Nos. 62187 (May 27, 2010), 75 FR 31500 (June 3, 2010) (SR-NYSEAmex-2010-35), 70065 (July 30, 2013), 78 FR 47450 (Aug. 5, 2013) (SR-NYSEMKT-2013-64) and 69273 (April 2, 2013), 78 FR 20969 (April 8, 2013) (SR-NYSEMKT-2013-30).

    The Exchange proposes to remove the bid/ask information from the NYSE MKT Trades feed, thereby focusing the NYSE MKT Trades feed on NYSE MKT last sale information. This change would streamline the NYSE MKT Trades content, as well as align NYSE MKT Trades content with that of last sale data feeds offered by other exchanges.4 The NYSE MKT BBO data feed includes, and would continue to include, the best bids and offers for all securities that are traded on the Exchange for which NYSE MKT reports quotes under the Consolidated Quotation (“CQ”) Plan for inclusion in the CQ Plan's consolidated quotation information data stream.5 The Exchange would continue to make NYSE MKT last sale information available through NYSE MKT Trades immediately after it provides last sale information to the processor under the CTA Plan.

    4See NASDAQ Rule 7039 (Nasdaq Last Sale) and BATS Rule 11.22(g) (BATS Last Sale).

    5See Securities Exchange Act Release No. 72326 (June 5, 2014), 79 FR 33605 (June 11, 2014) (SR-NYSEMKT-2014-49).

    The Exchange expects to offer both the current NYSE MKT Trades data product and the proposed NYSE MKT Trades data product for a limited transition period. After the transition period, the Exchange would stop offering the current NYSE MKT Trades data product and offer only the NYSE MKT Trades data product proposed in this filing. The Exchange would announce the transition dates in advance. There would be no change to the fees for NYSE MKT Trades in connection with the proposed changes.

    2. Statutory Basis

    The proposed rule change is consistent with Section 6(b) 6 of the Act, in general, and furthers the objectives of Section 6(b)(5) 7 of the Act, in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest, and it is not designed to permit unfair discrimination among customers, brokers, or dealers.

    6 15 U.S.C. 78f(b).

    7 15 U.S.C. 78f(b)(5).

    The Exchange believes that modifying the NYSE MKT Trades product to remove the bid/ask information it currently includes and to provide only NYSE MKT last sale information would streamline the product and clarify the purpose and use for each of the NYSE MKT proprietary market data products. NYSE MKT Trades' content, as proposed, would be consistent with that of last sale data feeds offered by other exchanges, which similarly offer last sale market data products that do not include bid and offer information.8

    8See supra note 4.

    In addition, the proposal would not permit unfair discrimination because the product would be available to all of the Exchange's market data vendors and customers on an equivalent basis.

    In adopting Regulation NMS, the Commission granted self-regulatory organizations and broker-dealers increased authority and flexibility to offer new and unique market data to consumers of such data. It was believed that this authority would expand the amount of data available to users and consumers of such data and also spur innovation and competition for the provision of market data. The Exchange believes that the data product modification proposed herein, focusing the NYSE MKT Trades feed on last sale data by removing the bid/ask data, is precisely the sort of market data product enhancement that the Commission envisioned when it adopted Regulation NMS. The Commission concluded that Regulation NMS—by lessening regulation of the market in proprietary data—would itself further the Act's goals of facilitating efficiency and competition:

    [E]fficiency is promoted when broker-dealers who do not need the data beyond the prices, sizes, market center identifications of the NBBO and consolidated last sale information are not required to receive (and pay for) such data. The Commission also believes that efficiency is promoted when broker-dealers may choose to receive (and pay for) additional market data based on their own internal analysis of the need for such data.9

    9See Securities Exchange Act Release No. 51808 (June 9, 2005), 70 FR 37496 (June 29, 2005) (File No. S7-10-04).

    By removing “unnecessary regulatory restrictions” on the ability of exchanges to sell their own data, Regulation NMS advanced the goals of the Act and the principles reflected in its legislative history.

    The Exchange further notes that the existence of alternatives to the Exchange's products, including real-time consolidated data, free delayed consolidated data, and proprietary data from other sources, ensures that the Exchange is not unreasonably discriminatory because vendors and subscribers can elect these alternatives. In addition, the proposal would not permit unfair discrimination because the modified product would be available to all of the Exchange's vendors and customers on an equivalent basis.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The market for proprietary data products is currently competitive and inherently contestable because there is fierce competition for the inputs necessary to the creation of proprietary data. Numerous exchanges compete with each other for listings, trades, and market data itself, providing virtually limitless opportunities for entrepreneurs who wish to produce and distribute their own market data. This proprietary data is produced by each individual exchange, as well as other entities (such as internalizing broker-dealers and various forms of alternative trading systems, including dark pools and electronic communication networks), in a vigorously competitive market. It is common for market participants to further and exploit this competition by sending their order flow and transaction reports to multiple markets, rather than providing them all to a single market.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the proposed rule change.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The Exchange has filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 10 and Rule 19b-4(f)(6) thereunder.11 Because the proposed rule change does not: (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative prior to 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6)(iii) thereunder.

    10 15 U.S.C. 78s(b)(3)(A)(iii).

    11 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement.

    At any time within 60 days of the filing of such proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings under Section 19(b)(2)(B) 12 of the Act to determine whether the proposed rule change should be approved or disapproved.

    12 15 U.S.C. 78s(b)(2)(B).

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-NYSEMKT-2015-101 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-NYSEMKT-2015-101. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal offices of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEMKT-2015-101, and should be submitted on or before January 5, 2016.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.13

    13 17 CFR 200.30-3(a)(12).

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2015-31441 Filed 12-14-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-76597; File No. SR-EDGX-2015-60] Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change to Rule 19.6, Series of Options Contracts Open for Trading December 9, 2015.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on December 2, 2015, EDGX Exchange, Inc. (“Exchange” or “EDGX”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    The Exchange filed a proposal for the Exchange's equity options platform (“EDGX Options”) to amend Interpretation and Policy .07 (Mini Options Contracts) to Rule 19.6 (Series of Options Contracts Open for Trading).

    The text of the proposed rule change is available at the Exchange's Web site at www.batstrading.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant parts of such statements.

    (A) Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange proposes to amend Interpretation and Policy .07 to Rule 19.6 regarding Mini Options Contracts traded on EDGX Options, to replace the name “Google Inc.” with “Alphabet Inc.” Google Inc. (“Google”) recently reorganized to create a new public holding company called Alphabet Inc. (“Alphabet”). As a result of the holding company reorganization, each share of Class A Common Stock (“GOOG”), which the Exchange has listed as a Mini Options Contract, has automatically converted into an equivalent corresponding share of Alphabet Inc. stock. The Exchange also proposes to change symbol “GOOG” in Interpretation and Policy .07 to Rule 19.6 to “GOOGL” to make the EDGX Options Alphabet Class A Common Stock Mini Options Contract symbol consistent with the Alphabet symbols used across the national exchanges.

    The Exchange proposes this change to Interpretation and Policy .07 to enable the Exchange to list and trade Mini Options Contract on Google, now Alphabet, Class A shares. The Exchange is proposing to make this change because, on October 5, 2015 Google reorganized and as a result underwent a name change.

    The purpose of this change is to ensure that Interpretation and Policy .07 to Rule 19.6 reflects the Exchange's intention to be able to list and trade Mini Options on an exhaustive list of underlying securities enumerated in Interpretation and Policy .07 to Rule 19.6. This change is meant to continue the inclusion of Class A shares of Google (now Alphabet) in the current list of underlying securities that Mini Options Contracts can be traded on, while making clear that Class C Capital Stock shares of Google (now Alphabet) are not part of that list as that class of options has not been approved for Mini Options Contracts trading. As a result, the proposed change will help avoid confusion.

    2. Statutory Basis

    The Exchange believes that its proposal is consistent with the requirements of the Act and the rules and regulations thereunder that are applicable to a national securities exchange, and, in particular, with the requirements of Section 6(b) of the Act.3 Specifically, the proposal is consistent with Section 6(b)(5) of the Act 4 because it would promote just and equitable principles of trade, remove impediments to, and perfect the mechanism of, a free and open market and a national market system and, in general, to protect investors and the public interest. Additionally, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 5 requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers.

    3 15 U.S.C. 78f(b).

    4 15 U.S.C. 78f(b)(5).

    5Id.

    In particular, the proposal to change the name Google to Alphabet to reflect the new ownership structure is consistent with the Act because the proposed change merely updates the current name to allow for continued Mini Options Contracts trading on Google's (now Alphabet) Class A shares and changes the symbol “GOOG” to “GOOGL” to be consistent with other national exchanges. The proposed change will allow for continued benefit to investors by enabling the Exchange to provide them with additional investment alternatives.

    (B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change does not impose any burden on intra-market competition because it applies to all members and member organizations uniformly. There is no burden on inter-market competition because the exchange [sic] is merely attempting to continue to have the ability to list and trade Class A shares of the company formerly known as Google, now Alphabet, as a Mini Option Contract. Additionally, the changing the “GOOG” symbol to “GOOGL” will be a change in name-only. The new symbol will continue to represent shares of Google's (now Alphabet's) Class A shares. As a result, there will be no substantive changes to the Exchange's operations or its rules.

    (C) Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others

    The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any written comments from members or other interested parties.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    Because the proposed rule change does not (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 6 and Rule 19b-4(f)(6) thereunder.7

    6 15 U.S.C. 78s(b)(3)(A).

    7 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to give the Commission written notice of the Exchange's intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement.

    A proposed rule change filed under Rule 19b-4(f)(6) 8 normally does not become operative for 30 days after the date of filing. However, pursuant to Rule 19b-4(f)(6)(iii) 9 the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest.

    8 17 CFR 240.19b-4(f)(6).

    9 17 CFR 240.19b-4(f)(6)(iii).

    The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest as it will allow the Exchange to accurately reflect the new ownership structure and ticker symbol for Alphabet Class A shares and to continue to list and trade mini options on Alphabet's Class A shares, formerly Google Class A shares. For these reasons, the Commission designates the proposed rule change to be operative upon filing.10

    10 For purposes only of waiving the 30-day operative delay, the Commission has also considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f).

    At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-EDGX-2015-60 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-EDGX-2015-60. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-EDGX-2015-60, and should be submitted on or before January 5, 2016.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.11

    11 17 CFR 200.30-3(a)(12).

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2015-31438 Filed 12-14-15; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [File No. 500-1] In The Matter of Oxford City Football Club, Inc.; Order of Suspension of Trading December 11, 2015.

    Oxford City Football Club, Inc., (“Oxford City”) is a Florida corporation with principal place of business listed as Deerfield Beach, Florida. Its stock is quoted on the OTCBB and OTC Link using the ticker symbol “OXFC.” It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Oxford City because of questions regarding the accuracy of assertions by Oxford City and its CEO Thomas A. Guerriero, and by others, in press releases and other statements to investors concerning, among other things: (1) The company's assets; (2) projections for the company's income; (3) the nature of the company's management; and (4) other general corporate plans and information.

    The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of the above-listed company.

    Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the securities of the above-listed company is suspended for the period from 9:30 a.m. EST, on December 11, 2015, through 11:59 p.m. EST on December 24, 2015.

    By the Commission.

    Brent J. Fields, Secretary.
    [FR Doc. 2015-31597 Filed 12-11-15; 11:15 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-76598; File No. SR-NYSE-2015-62] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 123C To Define the Term “Official Closing Price” December 9, 2015.

    Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the “Act”) 2 and Rule 19b-4 thereunder,3 notice is hereby given that on November 25, 2015, New York Stock Exchange LLC (“NYSE” or the “Exchange”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C.78s(b)(1).

    2 15 U.S.C. 78a.

    3 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

    The Exchange proposes to amend Rule 123C to define the term “Official Closing Price.” The proposed rule change is available on the Exchange's Web site at www.nyse.com, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange proposes to amend Rule 123C to define the term “Official Closing Price” and specify how the Exchange would determine the Official Closing Price for all securities listed on the Exchange.

    Currently, if the Exchange does not conduct a closing transaction in a security, it does not specify any closing price information about that security.4 The Exchange proposes to amend Rule 123C to define the term “Official Closing Price” and specify how such price would be determined. The Exchange's proposed rule is similar to rules of other listing exchanges, which similarly define an Official Closing Price.5

    4 For example, if there is insufficient interest, e.g., the highest price order to buy is priced lower than the lowest price order to sell and there are no market orders for the closing transaction, the Exchange will not hold a closing auction. Similarly, if a security is subject to a regulatory halt as of 4:00 p.m. Eastern Time, the Exchange will not conduct a closing auction in that security.

    5See, e.g., NYSE Arca Equities, Inc. (“NYSE Arca Equities”) Rule 1.1(ggP) (defining the term “Official Closing Price”); NASDAQ Stock Market LLC (“Nasdaq”) Rules 4754(b)(4) and (b)(6)(A)(ii) (defining the term “Official Closing Price”); and BATS Exchange, Inc. (“BATS”) Rule 11.23(c)(2)(B) (determining the BATS Official Closing Price).

    As proposed, Rule 123C(1)(e) would provide that the Official Closing Price of a security listed on the Exchange would be determined as set forth in proposed Rules 123C(1)(e)(i) and (ii). Proposed Rule 123C(1)(e)(i) would provide that the Official Closing Price would be the price established in a closing transaction under paragraphs (7) and (8) of Rule 123C of one round lot or more. As further proposed, if there is no closing transaction in a security or if a closing transaction is less than one round lot, the Official Closing Price would be the most recent last-sale eligible trade in such security on the Exchange on that trading day. For example, there would not be a closing transaction in a security if there is insufficient trading interest for a closing transaction of a round lot or more or because the security has been halted as of 4:00 p.m. Eastern Time. If there were no closing transaction and no last-sale eligible trades on the Exchange on that trading day, the Exchange proposes that the Official Closing Price would be the prior day's Official Closing Price. As such, the Exchange would carry over the prior day's Official Closing Price for a security until such time that there is either a closing transaction on the Exchange or a last-sale eligible trade on the Exchange in such security.

    For example, if on Monday, a security trades on the NYSE at 3:00 p.m. for $10.00, but there is no closing transaction, the Official Closing Price for that security on Monday would be $10.00. If on Tuesday there are no trades in that security on the Exchange and no closing transaction, Tuesday's Official Closing Price would be the Official Closing Price for the prior day, which was $10.00. Similarly, if on Wednesday, there are still no trades on the Exchange in that security, Wednesday's Official Closing Price would be Tuesday's Official Closing Price, which was $10.00. The Official Closing Price for the security would continue to be $10.00 until there is either a closing transaction or a last-sale eligible trade on the Exchange on a trading day in the security.

    As further proposed, Rule 123C(1)(e)(ii) would provide that if the Exchange were unable to conduct a closing transaction due to a systems or technical issue, the Official Closing Price would be the last consolidated last-sale eligible trade during regular trading hours on that trading day.6 This proposed rule is similar to current Rule 440B(c)(3), which provides that the Exchange will use the consolidated last sale price for determining whether to trigger a Short Sale Price Test under that rule if there is no closing transaction due to a systems or technical issue. The Exchange proposes to use the consolidated last sale price rather than the Exchange last sale price when there is a systems or technical issue preventing the Exchange from conducting an auction because trading may be continuing on other markets while the Exchange's systems are impaired, and therefore the Exchange's last sale price may not be reflective of the most recent price of a security.

    6 The Exchange is in the process of working with Nasdaq and NYSE Arca to establish back-up procedures if one or more of these markets is unable to conduct an auction. See NYSE press release dated July 22, 2015, available here: http://ir.theice.com/press-and-publications/press-releases/all-categories/2015/07-22-2015.aspx. In connection with this initiative, the Exchange notes that it will file a separate proposed rule change to amend the definition of “Official Closing Price” to address how the markets would serve as alternate back-up venues. Until such time, the Exchange proposes to use the last consolidated last-sale eligible price as the Official Closing Price if the Exchange is unable to conduct an auction because of systems or technical issues.

    Proposed Rule 123C(1)(e)(ii) would further provide that if there were no consolidated last-sale eligible trades in a security on a trading day when the Exchange is unable to conduct a closing transaction in a security or securities due to a systems or technical issue, the Official Closing Price of such security would be the prior day's Official Closing Price. The Exchange notes that this proposal differs from current Rule 440B(c)(3), which provides that if trading is interrupted on the Exchange because of a systems or technical issue and not restored on that trading day, the Exchange would use the most recent consolidated last sale price for that security on the most recent day on which the security traded for purposes of determining whether the short sale price test restrictions of Rule 201 of Regulation SHO are triggered. The Exchange believes that using the last Official Closing Price from the prior trading day instead of the most recent consolidated last-sale price would incorporate the Exchange's proposed new methodology for determining the Official Closing Price, as described above.

    For example, assuming the same facts as the scenario described above, when $10.00 is the Official Closing Price on Tuesday and Wednesday, if on Thursday, the Exchange experiences a systems issue and is not able to conduct a closing transaction in that security and there is no consolidated last sale for that trading day, the Official Closing Price would again be $10.00.

    The Exchange also proposes to change Rule 123C(8) to use the term “closing transaction,” instead of “closing print.” This change would conform the terminology in Rule 123C(8) to Rule 123C(7) and proposed Rule 123C(1)(e).

    Finally, the Exchange proposes to make conforming amendments to Rule 440B, which governs Short Sales. Rule 440B(b) currently sets forth the procedures for a Short Sale Price Test and provides that Exchange systems will not execute or display a short sale order with respect to a covered security at a price that is less than or equal to the current national best bid if the price of that security decreases by 10% or more, as determined by the listing market for the security, from the security's closing price on the listing market as of the end of regular trading hours on the prior day (“Trigger Price”). If the Exchange does not have a closing transaction in a security, it currently uses the last sale price on the Exchange as the Trigger Price.

    Rule 440B(c)(2) further provides that if a covered security did not trade on the Exchange on the prior trading day (due to a trading halt, trading suspension, or otherwise) the Exchange's determination of the Trigger Price shall be based on the last sale price on the Exchange for that security on the most recent day on which the security traded. Rule 440B(c)(3) provides that if trading on the Exchange in a covered security is interrupted because of a systems or technical issue and is not restored during that trading day, the Exchange's determination of the Trigger Price shall be based on the consolidated last sale price for that security on the most recent day on which the security traded.

    The Exchange proposes to use the new definition of “Official Closing Price” in Rule 440B. As proposed, Rule 440B(b) would provide that Exchange systems would not execute or display a short sale order with respect to a covered security at a price that is less than or equal to the current national best bid if the price of that security decreases by 10% or more, as determined by the listing market for that security, from the security's Official Closing Price, as defined in Rule 123C as of the end of regular trading hours on the prior day (“Trigger Price”). (emphasis added)

    As discussed above, the proposed new definition of Official Closing Price would incorporate what price the Exchange would use in circumstances when there is no closing auction. Consistent with current Rule 440B(c)(2), proposed Rule 123C(1)(e)(i) would provide that if there is no auction in a security, the last-sale eligible trade on the Exchange would be the Official Closing Price. In addition, similar to Rule 440B(c)(3), proposed Rule 123C(1)(e)(ii) would provide that if the Exchange is unable to conduct a closing auction because of a systems or technical issue, the last consolidated last-sale eligible trade on that trading day would be the Official Closing Price. Accordingly, the Exchange proposes a substantive difference to provide that if there is no consolidated last-sale price, the Exchange would use the prior day's Official Closing Price. Because the proposed definition of Official Closing Price would address the circumstances specified in Rules 440B(c)(2) and (3), the Exchange proposes to delete Rules 440B(c)(2) and (c)(3) as redundant of the proposed use of “Official Closing Price” in Rule 440B(b).

    2. Statutory Basis

    The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act,7 in general, and furthers the objectives of Section 6(b)(5) of the Act,8 in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system.

    7 15 U.S.C. 78f(b).

    8 15 U.S.C. 78f(b)(5).

    The Exchange believes that the proposed rule change would remove impediments to and perfect the mechanism of a free and open market and a national market system because it would provide transparency in how the Exchange would determine the Official Closing Price in all Exchange-listed securities, regardless of whether there was a closing transaction. The Exchange believes that using the Exchange's last sale price as the Official Closing Price if there is no closing transaction would remove impediments to and perfect the mechanism of a free and open market because if there is insufficient trading interest for an auction, the last sale price on the Exchange in such security would likely reflect the most recent price for that security. The Exchange further believes that using the consolidated last sale price as the Official Closing Price if the Exchange is experiencing a system or technical issue that impairs the ability to conduct a closing transaction would remove impediments to and perfect the mechanism of a free and open market because if the Exchange's systems are not functioning, but other markets are trading, the consolidated last sale price on a trading day would likely reflect the most recent price for that security.

    The Exchange believes that amending Rule 440B to similarly use the term Official Closing Price would remove impediments to and perfect the mechanism of a free and open market and a national market system because it would promote transparency and consistency across Exchange rules. In particular, Rule 440B references the closing price on the listing market at the end of the regular trading hours for purposes of determining the Trigger Price under that rule. By using the term “Official Closing Price” in Rule 440B(b) the Exchange would be using a defined term and would obviate the need to separately describe the events currently set forth in Rules 440B(c)(2) and (3).

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change is not designed to address any competitive issues, but rather to provide greater transparency in Exchange rules regarding how the Exchange would determine the Official Closing Price for all securities listed on the Exchange.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the proposed rule change.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    Because the foregoing proposed rule does not (i) significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest, provided that the self-regulatory organization has given the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change or such shorter time as designated by the Commission,9 the proposed rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 10 and Rule 19b-4(f)(6) thereunder.11

    9 The Exchange has fulfilled this requirement.

    10 15 U.S.C. 78s(b)(3)(A).

    11 17 CFR 240.19b-4(f)(6).

    At any time within 60 days of the filing of such proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings under Section 19(b)(2)(B) 12 of the Act to determine whether the proposed rule change should be approved or disapproved.

    12 15 U.S.C. 78s(b)(2)(B).

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-NYSE-2015-62 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-NYSE-2015-62. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing will also be available for inspection and copying at the NYSE's principal office and on its Internet Web site at www.nyse.com. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSE-2015-62 and should be submitted on or before January 5, 2016.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.13

    Robert W. Errett, Deputy Secretary.

    13 17 CFR 200.30-3(a)(12).

    [FR Doc. 2015-31439 Filed 12-14-15; 8:45 am] BILLING CODE 8011-01-P
    DEPARTMENT OF STATE [Public Notice: 9382] In the Matter of the Designation of Emrah Erdogan aka Salahuddin al-Kurdi as a Specially Designated Global Terrorist Pursuant to Section 1(b) of Executive Order 13224, as Amended

    Acting under the authority of and in accordance with section 1(b) of E.O. 13224 of September 23, 2001, as amended by E.O. 13268 of July 2, 2002, and E.O. 13284 of January 23, 2003, I hereby determine that the individual known as Emrah Erdogan, also known as Salahuddin al-Kurdi committed, or poses a significant risk of committing, acts of terrorism that threaten the security of U.S. nationals or the national security, foreign policy, or economy of the United States.

    Consistent with the determination in section 10 of Executive Order 13224 that “prior notice to persons determined to be subject to the Order who might have a constitutional presence in the United States would render ineffectual the blocking and other measures authorized in the Order because of the ability to transfer funds instantaneously,” I determine that no prior notice needs to be provided to any person subject to this determination who might have a constitutional presence in the United States, because to do so would render ineffectual the measures authorized in the Order.

    This notice shall be published in the Federal Register.

    John F. Kerry, Secretary of State.
    [FR Doc. 2015-31557 Filed 12-14-15; 8:45 am] BILLING CODE 4710-AD-P
    DEPARTMENT OF STATE [Public Notice: 9381] Privacy Act; System of Records: Security Records, State-36. SUMMARY:

    Notice is hereby given that the Department of State proposes to amend an existing system of records, Security Records, State-36, pursuant to the provisions of the Privacy Act of 1974, as amended (5 U.S.C. 552a) and Office of Management and Budget Circular No. A-130, Appendix I.

    DATES:

    This system of records will be effective on January 25, 2016, unless we receive comments that will result in a contrary determination.

    ADDRESSES:

    Any persons interested in commenting on the amended system of records may do so by writing to the Director; Office of Information Programs and Services, A/GIS/IPS; Department of State, SA-2; 515 22nd Street NW., Washington, DC 20522-8100.

    FOR FURTHER INFORMATION CONTACT:

    John Hackett, Director; Office of Information Programs and Services, A/GIS/IPS; Department of State, SA-2; 515 22nd Street NW., Washington, DC 20522-8100, or at [email protected].

    SUPPLEMENTARY INFORMATION:

    The Department of State proposes that the current system will retain the name “Security Records” (previously published at 78 FR 27276, May 9, 2013). The records maintained in State-36, Security Records, capture data related to incidents and threats affecting U.S. Government personnel, U.S. Government information, or U.S. Government facilities world-wide, for a variety of legal purposes including federal and state law enforcement and counterterrorism purposes. The information maintained in Security Records may be used to determine general suitability for employment or retention in employment, to grant a contract or issue a license, grant, or security clearance. The proposed system will include modifications and administrative updates to the following sections: Categories of individuals and Categories of records. Additionally, records regarding the Office of Foreign Missions were removed and included in a new SORN to provide greater transparency of their records.

    The Department's report was filed with the Office of Management and Budget. The amended system description, “Security Records, State-36,” will read as set forth below.

    Joyce A. Barr, Assistant Secretary for Administration, U.S. Department of State. STATE-36 SYSTEM NAME:

    Security Records.

    SECURITY CLASSIFICATION:

    Unclassified and Classified.

    SYSTEM LOCATION:

    Department of State and its annexes, Bureau of Diplomatic Security, and various field and regional offices throughout the United States, and abroad at some U.S. Embassies, U.S. Consulates General, and U.S. Consulates.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    Present and former employees of the Department of State; applicants for Department employment who are presently being investigated for security clearance; contractors working for the Department; interns and detailees to the Department; employees of other federal agencies who have accounts on our Department networks; individuals requiring access to the official Department of State premises who have undergone or are undergoing security clearance; some passport and visa applicants concerning matters of adjudication; individuals and institutions identified in passport and visa crime investigations; individuals involved in unauthorized access to classified information; prospective alien spouses of U.S. citizen employees of the Department of State; individuals or groups whose activities have a potential bearing on the security of Departmental or Foreign Service operations, domestically or abroad, including those involved in criminal or terrorist activity; individuals and organizations who apply to be constituents in the exchange of security information from public-private partnerships; and visitors to the Department of State main building (Harry S Truman Building), to its domestic annexes, field offices, missions, and to the U.S. Embassies and U.S. Consulates and missions overseas. Also covered are individuals issued security or cybersecurity violations or infractions; litigants in civil suits and criminal prosecutions of interest to the Bureau of Diplomatic Security; individuals who have Department building passes; individuals using Department devices or networks; uniformed security officers; individuals named in congressional inquiries to the Bureau of Diplomatic Security; individuals subject to investigations conducted abroad on behalf of other federal agencies; and individuals whose activities other agencies believe may have a bearing on U.S. foreign policy interests.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    Incident and investigative material relating to any category of individual described above, including case files containing items such as name, date and place of birth, citizenship, telephone numbers, addresses, physical description (including height, weight, body type, hair, clothing, gender, ethnicity, race, and other general and distinguishing physical features), accent description, identification media (such as passport, residency, or driver's license numbers), vehicle registration and vehicle information; email address, family identifiers (such as names of relatives and biographic information), employer identifiers, applications for passports and employment, photographs, biometric data (to include fingerprints, and deoxyribonucleic acid (DNA) information), birth certificates, credit checks, security evaluations and clearances, other agency reports and informant reports; legal case pleadings and files; evidence collected during investigations; polygraphs; network audit records, network use records, email, chat conversations, and text messages sent using Department devices or networks; social media account findings for individuals undergoing security investigations; security violation files; training reports; weapons assignment database; firing proficiency and other security-related testing scores; availability for special protective assignments; language proficiency scores; intelligence reports; counterintelligence material; counterterrorism material; internal Departmental memoranda; internal personnel, fiscal, and other administrative documents; emergency contact information for Department employees and contractors; Social Security number; specific areas and times of authorized accessibility; escort authority; status and level of security clearance; issuing agency and issue date; and for all individuals: Date and times of building entrance and exit.

    For visitors, information collected can include name, date of birth, citizenship, identification type, identification number, temporary badge number, host's name, office symbol, room number, and telephone number. For public-private partnerships to exchange security information, information collected can include name, address, telephone number and email address.

    Security files contain information needed to provide protective services for the Secretary of State and visiting and resident foreign officials and associated foreign official facilities, and to protect the Department's official facilities and information assets. Security files contain documents and reports furnished to the Department by other agencies concerning individuals whose activities the other agencies believe may have a bearing on U.S. foreign policy interests.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    (a) 5 U.S.C. 301 (Government Organization and Employees) (Departmental regulations); (b) 5 U.S.C. Chapter 73 (Suitability, Security, and Conduct); (c) 5 U.S.C. 7531-33 (National Security); (d) 8 U.S.C. 1104 (Enforcement of immigration and nationality laws); (e) 18 U.S.C. 111 (Crimes and Criminal Procedures) (Assaulting, resisting, or impeding certain officers or employees); (f) 18 U.S.C. 112 (Protection of foreign officials, official guests, and internationally protected persons); (g) 18 U.S.C. 201 (Bribery of public officials and witnesses); (h) 18 U.S.C.1030 (Fraud and related activity in connection with computers); (i) 18 U.S.C. 1114 (Protection of officers and employees of the U.S.); (j) 18 U.S.C. 1116 (Murder or manslaughter of foreign officials, official guests, or internationally protected persons); (k) 18 U.S.C. 1117 (Conspiracy to murder); (l) 18 U.S.C. 1541-1546 (Issuance without authority, false statement in application and use of passport, forgery or false use of passport, misuse of passport, safe conduct violation, fraud and misuse of visas, permits, and other documents); (m) 22 U.S.C. 211a (Foreign Relations and Intercourse) (Authority to grant, issue, and verify passports); (n) 22 U.S.C. 842, 846, 911 (Duties of Officers and Employees and Foreign Service Officers) (Repealed, but applicable to past records); (o) 22 U.S.C. 2454 (Administration); (p) 22 U.S.C. 2651a (Organization of the Department of State); (q) 22 U.S.C. 2658 (Rules and regulations; promulgation by Secretary; delegation of authority) (Repealed, but applicable to past records); (r) 22 U.S.C. 2709 (Special Agents); (s) 22 U.S.C. 2712 (Authority to control certain terrorism-related services); (t) 22 U.S.C. 3921 (Management of the Foreign Service); (u) 22 U.S.C. 4802 (Diplomatic Security) (Responsibility of Secretary of State), (v) 22 U.S.C. 4804(3)(D) (Responsibilities of Assistant Secretary for Diplomatic Security) (Repealed, but applicable to past records); (w) 22 U.S.C. 4831-4835 (Accountability review, accountability review board, procedures, findings and recommendations by a board, relation to other proceedings); (x) 44 U.S.C. 31 (Federal Records Act of 1950, Sec. 506(a), as amended) (applicable to past records); (y) 44 U.S.C. 3541 (Federal Information Security Management); (z) Executive Order 10450 (Security requirements for government employment); (aa) Executive Order 12107 (Relating to the Civil Service Commission and Labor-Management in the Federal Service); (bb) Executive Order 13526 and its predecessor orders (National Security Information); (cc) Executive Order 12968 (Access to Classified Information); (dd) Executive Order 13587 (Security of Classified Networks and Information); (ee) Executive Order 13470 and its predecessor orders (United States Intelligence Activities); (ff) 22 CFR Subchapter M (International Traffic in Arms) (applicable to past records); (gg) 40 U.S.C. Chapter 10 (Federal Property and Administrative Services Act (1949)); (hh) 31 U.S.C. (Internal Revenue Code); (ii) Pub. L. 99-399, 8/27/1986 (Omnibus Diplomatic Security and Antiterrorism Act of 1986, as amended); (jj) Pub. L. 100-202, 12/22/1987 (Appropriations for Departments of Commerce, Justice, and State) (applicable to past records); (kk) Pub. L. 100-461, 10/1/1988 (Foreign Operations, Export Financing, and Related Programs Appropriations Act); (ll) Pub. L. 107-56, 10/26/2001 (USA PATRIOT Act—Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism); (mm) Pub. L. 108-21, 4/30/2003 (PROTECT Act—Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003); (nn) Executive Order 12356 (National Security Information) (applicable to past records); (oo) Executive Order 9397 (Numbering System for Federal Accounts Relating to Individual Persons); (pp) HSPD-12, 8/27/2004 (Homeland Security Presidential Directive); (qq) Executive Order 13356, 8/27/2004 (Strengthening the Sharing of Terrorism Information to Protect Americans); (rr) Pub. L. 108-458 (Section 1016), 12/17/2004 (Intelligence Reform and Terrorism Prevention Act of 2004; (ss) Pub. L. 92-463: 5 U.S.C. App. (Federal Advisory Committee Act).

    PURPOSE(S):

    The records maintained in State-36, Security Records, capture data related to incidents and threats affecting U.S. Government personnel, U.S. Government information, or U.S. Government facilities world-wide, for a variety of legal purposes including federal and state law enforcement and counterterrorism purposes. The information maintained in Security Records may be used to determine general suitability for employment or retention in employment, to grant a contract or issue a license, grant, or security clearance.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES:

    The information in Security Records is used by:

    (a) Department of State officials in the administration of their responsibilities;

    (b) Appropriate committees of Congress in furtherance of their respective oversight functions;

    (c) Department of Treasury; U.S. Office of Personnel Management; Agency for International Development; Department of Commerce; Peace Corps; Department of Defense; Central Intelligence Agency; Department of Justice; Department of Homeland Security; National Counter Terrorism Center; and other federal agencies inquiring pursuant to law or Executive Order, in order to make a determination of general suitability for employment or retention in employment, to grant a contract or issue a license, grant, or security clearance;

    (d) Any federal, state, municipal, foreign or international law enforcement or other relevant agency or organization as needed for security, law enforcement or counterterrorism purposes, such as: Threat alerts and analyses, protective intelligence and counterintelligence information, information relevant for screening purposes;

    (e) Any other agency or department of the federal government pursuant to statutory intelligence responsibilities or other lawful purposes;

    (f) Any other agency or department of the Executive Branch having oversight or review authority with regard to its investigative responsibilities;

    (g) A federal, state, local, foreign, or international agency or other public authority that investigates, prosecutes, or assists in investigation or prosecution of violation of criminal law or enforces, implements, or assists in enforcement or implementation of statute, rule, regulation, or order;

    (h) A federal, state, local or foreign agency or other public authority or professional organization maintaining civil, criminal, and other relevant enforcement or pertinent records such as current licenses; information may be given to a consumer reporting agency:

    (1) To obtain information, relevant enforcement records or other pertinent records such as current licenses, or

    (2) to obtain information relevant to an agency investigation, a decision concerning the hiring or retention of an employee or other personnel action, the issuance of a security clearance or the initiation of administrative, civil, or criminal action;

    (i) Officials of government agencies in the letting of a contract, issuance of a license, grant or other benefit, and the establishment of a claim;

    (j) Any private or public source, witness, or subject from which information is requested in the course of a legitimate agency investigation or other inquiry, to the extent necessary to identify an individual; to inform a source, witness or subject of the nature and purpose of the investigation or other inquiry; and to identify the information requested;

    (k) An attorney or other designated representative of any source, witness or subject described in paragraph (j) of the Privacy Act only to the extent that the information would be provided to that category of individual itself in the course of an investigation or other inquiry;

    (l) A federal agency following a response to its subpoena or to a prosecution request that such record be released for the purpose of its introduction to a grand jury or other criminal proceeding;

    (m) Relevant information may be disclosed from this system to the news media and general public in furtherance of a legitimate law enforcement or public safety function as determined by the Department, e.g., to assist in the location of federal fugitives, to provide notification of arrests, to provide alerts, assessments, or similar information on potential threats to life, health, or property, or to keep the public appropriately informed of other law enforcement or Department matters or other matters of legitimate public interest where disclosure could not reasonably be expected to constitute an unwarranted invasion of personal privacy and could not reasonably be expected to prejudice the outcome of a pending or future trial;

    (n) State, local, federal or non-governmental agencies and entities as needed for purposes of emergency or disaster response; and

    (o) U.S. government agencies within the framework of the National Suspicious Activity Report (SAR) Initiative (NSI) regarding foreign intelligence and terrorist threats, managed by the Department of Justice.

    The Department of State periodically publishes in the Federal Register its standard routine uses that apply to all of its Privacy Act systems of records. These notices appear in the form of a Prefatory Statement. These standard routine uses apply to Security Records, State-36.

    POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:

    Physical and electronic media.

    RETRIEVABILITY:

    By individual name, personal or biometric identifier, case number, badge number, and Social Security number (for other than visitors), as well as by each category of records in the system.

    SAFEGUARDS:

    All users are given cybersecurity awareness training which covers the procedures for handling Sensitive But Unclassified information, including personally identifiable information (PII). Annual refresher training is mandatory. In addition, all Foreign Service and Civil Service employees and those Locally Engaged Staff who handle PII are required to take the FSI distance learning course instructing employees on privacy and security requirements, including the rules of behavior for handling PII and the potential consequences if it is handled improperly. Before being granted access to Security Records, a user must first be granted access to the Department of State computer system, and user access is not granted until a background investigation has been completed.

    Remote access to the Department of State network from non-Department owned systems is authorized only through a Department-approved access program. Remote access to the network is configured with the Office of Management and Budget Memorandum M-07-16 security requirements, which include but are not limited to two-factor authentication and time out function.

    All Department of State employees and contractors with authorized access have undergone a thorough background security investigation. Access to the Department of State, its annexes, and posts abroad is controlled by security guards and admission is limited to those individuals possessing a valid identification card or individuals under proper escort. All paper records containing personal information are maintained in secured file cabinets in restricted areas, access to which is limited to authorized personnel. Access to computerized files is password-protected and under the direct supervision of the system manager. The system manager has the capability of printing audit trails of access from the computer media, thereby permitting regular and ad hoc monitoring of computer usage. When it is determined that a user no longer needs access, the user account is disabled.

    RETENTION AND DISPOSAL:

    Retention of these records varies depending upon the specific kind of record involved. The records are retired or destroyed in accordance with published schedules of the Department of State and as approved by the National Archives and Records Administration. More specific information may be obtained by writing to the Director; Office of Information Programs and Services; A/GIS/IPS; SA-2; Department of State; 515 22nd Street NW., Washington, DC 20522-8100.

    SYSTEM MANAGER AND ADDRESS:

    Principal Deputy Assistant Secretary for Diplomatic Security and Director for the Diplomatic Security Service; Department of State; SA-20; 23rd Floor; 1801 North Lynn Street, Washington, DC 20522-2008 for the Harry S. Truman Building, domestic annexes, field offices and missions; Security Officers at respective U.S. Embassies, Consulates, and missions overseas.

    NOTIFICATION PROCEDURE:

    Individuals who have reason to believe that the Bureau of Diplomatic Security may have security/investigative records pertaining to themselves should write to the Director; Office of Information Programs and Services; A/GIS/IPS; SA-2; Department of State; 515 22nd Street NW., Washington, DC 20522-8100. The individual must specify that he/she wishes Security Records to be checked. At a minimum, the individual must include: Name; date and place of birth; current mailing address and zip code; signature; and a brief description of the circumstances which may have caused the creation of the record.

    RECORD ACCESS AND AMENDMENT PROCEDURES:

    Individuals who wish to gain access to or amend records pertaining to themselves should write to the Director; Office of Information Programs and Services (address above).

    CONTESTING RECORD PROCEDURES:

    See above.

    RECORD SOURCE CATEGORIES:

    These records contain information obtained from the individual; persons having knowledge of the individual; persons having knowledge of incidents or other matters of investigative interest to the Department; other U.S. law enforcement agencies and court systems; pertinent records of other federal, state, or local agencies or foreign governments; pertinent records of private firms or organizations; the intelligence community; and other public sources. The records also contain information obtained from interviews, review of records, and other authorized investigative techniques.

    SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

    Any other exempt records from other agencies' systems of records that are recompiled into this system are also considered exempt to the extent they are claimed as such in the original systems.

    Pursuant to 5 U.S.C. 552a (j)(2), records in this system may be exempted from subsections (c)(3) and (4), (d), (e)(1), (2), (3), and (e)(4)(G), (H), and (I), and (f) of the Privacy Act. Pursuant to 5 U.S.C. 552a (k)(1), (k)(2), and (k)(5), records in this system may be exempted from subsections (c)(3), (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), (f)(1), (f)(2), (f)(3), (f)(4), and (f)(5).

    See 22 CFR 171.

    [FR Doc. 2015-31527 Filed 12-14-15; 8:45 am] BILLING CODE 4710-43-P
    OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Procurement Thresholds for Implementation of the Trade Agreements Act of 1979 AGENCY:

    Office of the United States Trade Representative.

    ACTION:

    Notice of Determination of Procurement Thresholds.

    FOR FURTHER INFORMATION CONTACT:

    Scott Pietan, Director of International Procurement Policy, Office of the United States Trade Representative, (202) 395-9646 or [email protected].

    SUMMARY:

    Executive Order 12260 requires the United States Trade Representative to set the U.S. dollar thresholds for application of Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511 et seq.), which implements U.S. trade agreement obligations, including those under the World Trade Organization (WTO) Agreement on Government Procurement, Chapter 15 of the United States-Australia Free Trade Agreement (United States-Australia FTA), Chapter 9 of the United States-Bahrain Free Trade Agreement (United States-Bahrain FTA), Chapter 9 of the United States-Chile Free Trade Agreement (United States-Chile FTA), Chapter 9 of the United States-Colombia Free Trade Agreement (United States-Colombia FTA), Chapter 9 of the Dominican Republic-Central American-United States Free Trade Agreement (DR-CAFTA), Chapter 9 of the United States-Morocco Free Trade Agreement (United States-Morocco FTA), Chapter 10 of the North American Free Trade Agreement (NAFTA), Chapter 9 of the United States-Oman Free Trade Agreement (United States-Oman FTA), Chapter 9 of the United States-Panama Trade Promotion Agreement (United States-Panama TPA), Chapter 9 of the United States-Peru Trade Promotion Agreement (United States-Peru TPA), and Chapter 13 of the United States-Singapore Free Trade Agreement (United States-Singapore FTA). These obligations apply to covered procurements valued at or above specified U.S. dollar thresholds.

    Now, therefore, I, Michael B.G. Froman, United States Trade Representative, in conformity with the provisions of Executive Order 12260, and in order to carry out U.S. trade agreement obligations under the WTO Agreement on Government Procurement, Chapter 15 of the United States-Australia FTA, Chapter 9 of the United States-Bahrain FTA, Chapter 9 of the United States-Chile FTA, Chapter 9 of the United States-Colombia FTA, Chapter 9 of DR-CAFTA, Chapter 9 of the United States-Morocco FTA, Chapter 10 of NAFTA, Chapter 9 of the United States-Oman FTA, Chapter 9 of the United States-Panama TPA, Chapter 9 of the United States-Peru TPA, and Chapter 13 of the United States-Singapore FTA, do hereby determine, effective on January 1, 2016:

    For the calendar years 2016 and 2017, the thresholds are as follows:

    I. WTO Agreement on Government Procurement

    A. Central Government Entities listed in U.S. Annex 1:

    (1) Procurement of goods and services—$191,000; and

    (2) Procurement of construction services—$7,358,000.

    B. Sub-Central Government Entities listed in U.S. Annex 2:

    (1) Procurement of goods and services—$522,000; and

    (2) Procurement of construction services—$7,358,000.

    C. Other Entities listed in U.S. Annex 3:

    (1) Procurement of goods and services—$589,000; and

    (2) Procurement of construction services—$7,358,000.

    II. United States-Australia FTA, Chapter 15

    A. Central Government Entities listed in the U.S. Schedule to Annex 15-A, Section 1:

    (1) Procurement of goods and services—$77,533; and

    (2) Procurement of construction services—$7,358,000.

    B. Sub-Central Government Entities listed in the U.S. Schedule to Annex 15-A, Section 2:

    (1) Procurement of goods and services—$522,000; and

    (2) Procurement of construction services—$7,358,000.

    C. Other Entities listed in the U.S. Schedule to Annex 15-A, Section 3:

    (1) Procurement of goods and services for List A Entities— $387,667;

    (2) Procurement of goods and services for List B Entities— $589,000;

    (3) Procurement of construction services—$7,358,000.

    III. United States-Bahrain FTA, Chapter 9

    A. Central Government Entities listed in the U.S. Schedule to Annex 9-A-1:

    (1) Procurement of goods and services—$191,000; and

    (2) Procurement of construction services—$10,079,365.

    B. Other Entities listed in the U.S. Schedule to Annex 9-A-2:

    (1) Procurement of goods and services for List B entities—$589,000; and

    (2) Procurement of construction services—$12,405,952.

    IV. United States-Chile FTA, Chapter 9

    A. Central Government Entities listed in the U.S. Schedule to Annex 9.1, Section A:

    (1) Procurement of goods and services—$77,533; and

    (2) Procurement of construction services—$7,358,000.

    B. Sub-Central Government Entities listed in the U.S. Schedule to Annex 9.1, Section B:

    (1) Procurement of goods and services—$522,000; and

    (2) Procurement of construction services—$7,358,000.

    C. Other Entities listed in the U.S. Schedule to Annex 9.1, Section C:

    (1) Procurement of goods and services for List A Entities— $487,667;

    (2) Procurement of goods and services for List B Entities— $589,000;

    (3) Procurement of construction services—$7,358,000.

    V. United States-Colombia TPA, Chapter 9

    A. Central Government Entities listed in the U.S. Schedule to Annex 9.1, Section A:

    (1) Procurement of goods and services—$77,533; and

    (2) Procurement of construction services—$7,358,000.

    B. Sub-Central Government Entities listed in the U.S. Schedule to Annex 9.1, Section B:

    (1) Procurement of goods and services—$522,000; and

    (2) Procurement of construction services—$7,358,00