81 FR 7133 - Modification of National Customs Automation Program Test Concerning the Automated Commercial Environment Partner Government Agency Message Set Regarding the Toxic Substances Control Act Certification Required by the Environmental Protection Agency

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection

Federal Register Volume 81, Issue 27 (February 10, 2016)

This document announces U.S. Customs and Border Protection's (CBP's) plan to modify the National Customs Automation Program (NCAP) test concerning the transmission of electronic filings of data to the Automated Commercial Environment (ACE), known as the Partner Government Agency (PGA) Message Set test. This modification expands the use of the ACE PGA Message Set for the transmission of Environmental Protection Agency (EPA) Toxic Substances Control Act (TSCA) certification data. CBP invites public comment concerning the test program.

[Federal Register Volume 81, Number 27 (Wednesday, February 10, 2016)]
[Notices]
[Pages 7133-7137]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02716]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Modification of National Customs Automation Program Test 
Concerning the Automated Commercial Environment Partner Government 
Agency Message Set Regarding the Toxic Substances Control Act 
Certification Required by the Environmental Protection Agency

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: General notice.

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SUMMARY: This document announces U.S. Customs and Border Protection's 
(CBP's) plan to modify the National Customs Automation Program (NCAP) 
test concerning the transmission of electronic filings of data to the 
Automated Commercial Environment (ACE), known as the Partner Government 
Agency (PGA) Message Set test. This modification expands the use of the 
ACE PGA Message Set for the transmission of Environmental Protection 
Agency (EPA) Toxic Substances Control Act (TSCA) certification data. 
CBP invites public comment concerning the test program.

DATES: The modified PGA Message Set test will commence no earlier than 
February 10, 2016, and will continue until concluded by way of 
announcement in the Federal Register. Comments will be accepted through 
the duration of the test.

ADDRESSES: Comments concerning this notice and any aspect of this test 
may be submitted at any time during the test via email to Josephine 
Baiamonte, ACE Business Office (ABO), Office of International Trade, at 
[email protected]. In the subject line of your email, 
please indicate, ``Comment on EPA TSCA PGA Message Set Test FRN''.

FOR FURTHER INFORMATION CONTACT: For EPA-related PGA Message Set test 
questions, interested parties should send an email message to Loraine 
Passe, at [email protected], and they should also send a copy of 
that message to their assigned CBP client representative. Interested 
parties without an assigned CBP client representative should direct 
their questions to Steven Zaccaro at [email protected] with 
the subject heading ``PGA Message Set EPA Test FRN-Request to 
Participate''.

SUPPLEMENTARY INFORMATION: 

Background

    The National Customs Automation Program (NCAP) was established by 
Subtitle B of Title VI--Customs Modernization, in the North American 
Free Trade Agreement Implementation Act (Pub. L. 103-182, 107 Stat. 
2057, December 8, 1993) (Customs Modernization Act). See 19 U.S.C. 
1411. Through NCAP, the initial thrust of customs modernization was on 
trade compliance and the development of the Automated Commercial 
Environment (ACE), the planned successor to the legacy Customs 
Automated Commercial System (ACS). ACE is an automated and electronic 
system for commercial trade processing.
    ACE will streamline business processes, facilitate growth in trade, 
ensure cargo security, and foster participation in global commerce, 
while ensuring compliance with U.S. laws and regulations and reducing 
costs for CBP and all its communities of interest. The ability to meet 
these objectives depends upon successfully modernizing CBP's business 
functions and the information technology that supports those functions. 
CBP's modernization efforts are accomplished through phased releases of 
ACE component functionality, designed to introduce a new capability or 
to replace a specific legacy ACS function. Each release will begin with 
a test, and will end with mandatory compliance with the new ACE 
feature, thus retiring the legacy ACS function. Each release builds on 
previous releases, and sets the foundation for subsequent releases.
    For the convenience of the public, a chronological listing of 
Federal Register publications detailing ACE test developments is set 
forth below in Section XIII, ``Development of ACE Prototypes''. The 
procedures and criteria related to participation in the previous ACE 
notices remain in effect unless otherwise explicitly changed by this or 
subsequent notices published in the Federal Register.

I. Authorization for the Test

    The Customs Modernization Act provides the Commissioner of CBP with 
authority to conduct limited test programs or procedures designed to 
evaluate planned components of the NCAP. This test is authorized 
pursuant

[[Page 7134]]

to section 101.9(b) of title 19 of the Code of Federal Regulations (19 
CFR 101.9(b)) which provides for the testing of NCAP programs or 
procedures. See Treasury Decision (T.D.) 95-21.

II. Partner Government Agency Message Set Test

    On December 13, 2013, CBP published in the Federal Register a 
notice announcing an NCAP test called the PGA Message Set test. See 78 
FR 75931. This test is in furtherance of key CBP International Trade 
Data System (ITDS) initiatives, as provided in the Security and 
Accountability For Every Port Act of 2006 (``SAFE Port Act''), Public 
Law 109-347, 120 Stat. 1884 (19 U.S.C. 1411(d)), to achieve the vision 
of ACE as the ``single window'' for the Government and trade community. 
ACE will automate and enhance the interaction between international 
trade partners, CBP, and PGAs by facilitating electronic collection, 
processing, sharing, and review of trade data and documents required by 
Federal agencies during the cargo import and export process. The use of 
ACE to process trade data will significantly increase efficiency and 
reduce costs compared to the traditional manual method of processing of 
paper forms.
    The PGA Message Set is the data required to satisfy the PGAs' 
reporting requirements. ACE will enable the trade community to submit 
trade-related data required by the PGAs only once to CBP, thus 
improving communications between agencies and filers, and shortening 
entry processing time. This data must be submitted at any time prior to 
the arrival of the merchandise on the conveyance transporting the cargo 
to the United States as part of the ACE Cargo Release process. The data 
will be validated and made available to the relevant PGAs involved in 
import, export, and transportation-related decision making. The data 
will satisfy the filer's obligation to make entry and will allow for 
earlier release decisions and more certainty for the importer in 
determining the logistics of cargo delivery. Also, by virtue of being 
electronic, the PGA Message Set will eliminate the necessity for the 
submission and subsequent manual processing of paper documents.
    The December 2013 Federal Register notice announced that ACE would 
be accepting certain PGA data elements for the Environmental Protection 
Agency (EPA) and the U.S. Department of Agriculture, Food Safety and 
Inspection Service (FSIS) for type ``01'' (consumption) and type ``11'' 
(informal) commercial entries filed at specified ports. On February 4, 
2015, CBP published the announcement that it had broadened the PGA 
Message Set test to accept additional PGA data elements for the EPA, 
for type ``01'' (consumption) and type ``11'' (informal) commercial 
entries filed at specified ports. See 80 FR 6098.
    This document announces CBP's plan to expand the PGA Message Set to 
allow for the transmission of a certification required by the EPA 
concerning chemical substances imported in bulk or as part of a 
mixture, or articles containing a chemical substance or mixture 
(collectively referred to hereinafter as ``chemical substances''). The 
importation of chemical substances is governed by the Toxic Substances 
Control Act (``TSCA'') (15 U.S.C. 2601 et seq.), and by regulations 
issued under the authority of section 13(b) of TSCA (15 U.S.C. 2612(b)) 
by the Secretary of the Treasury in consultation with the Administrator 
of the Environmental Protection Agency. 19 CFR 12.118. The Secretary of 
the Treasury shall refuse entry of chemical substances offered for 
entry in violation of, or not in compliance with rules and orders 
issued under the TSCA.
    The regulations implementing TSCA are contained in Sec. Sec.  
12.118 through 12.127 and Sec.  127.28 of the CBP Regulations (19 CFR 
12.118 through 12.127 and 127.28). Importers (or authorized agents of 
importers) of chemical substances are required to certify either that 
all chemicals in a shipment are subject to TSCA and comply with all 
applicable rules and orders or that the chemical shipment is not 
subject to TSCA. See 19 CFR 12.121(a)(1). Generally, this TSCA 
certification must be filed with the director of the port of entry 
before release of the shipment and must appear as a typed or stamped 
statement on an appropriate entry document or as an attachment to that 
entry document. See 19 CFR 12.121(a)(2).
    CBP is expanding the use of the PGA Message set to include the 
required TSCA certification. Filers will be required to electronically 
transmit the certification required in 19 CFR 12.121(a)(1) indicating 
either that the chemical substances in the shipment comply with TSCA 
and all applicable rules and orders or that the chemical substances in 
the shipment are not subject to TSCA. The technical requirements for 
submitting the EPA required TSCA certification can be found on the Web 
site: http://www.cbp.gov/trade/ace/features. Select the ``PGA 
Integration'' tab, click ``ACE Customs and Trade Automated Interface 
Requirements (CATAIR)'' under the Technical column, select the ``PGA 
Message Set'' and then scroll down for EPA-specific CATAIR guidelines 
and message set samples.
    The test applies to all modes of transportation and will be in 
effect at all ports. During this test, participants will collaborate 
with CBP and the EPA to examine the effectiveness of the single window 
capability.

III. Test Participant Responsibilities

    PGA Message Set test participants will be required to:
     Transmit the EPA-required TSCA certification 
electronically once through the single window for use by both CBP and 
the EPA, using the PGA Message Set;
     Transmit the required information only as part of an ACE 
Entry Summary certified for cargo release;
     Transmit import filings to CBP via ABI in response to a 
request for documentation or in response to a request for release 
information for certified ACE Cargo Release;
     Only transmit to CBP information that has been requested 
by CBP or EPA;
     Use a software program that has completed ACE 
certification testing for the PGA Message Set; and
     Take part in a CBP evaluation of this test.
    Participants are reminded that they should only file documents that 
CBP can accept electronically. The documents CBP can accept 
electronically are listed under the Document Image System (DIS) tab of 
the ACE Features page on the Web site http://www.cbp.gov/trade/ace/features, and, for participants using ABI, in the PGA Message Set part 
of the CATAIR. When CBP cannot accept additional information 
electronically, the filer must file the additional information by 
paper. See 78 FR 75931 at 75934-35 (December 13, 2013), for information 
on Confidentiality (Section XIII) and Misconduct under the PGA Message 
Set Test (Section XIV).

IV. Waiver of Regulation Under the Test

    For purposes of this test, 19 CFR 12.118 through 12.127 and Sec.  
127.28 will be waived for test participants only insofar as eliminating 
any requirement that may appear in these regulations to file a paper 
version of the TSCA certification. In its place, test participants are 
required to transmit electronically the data elements via the PGA 
Message Set and any supporting documents via DIS. This document does 
not waive any recordkeeping requirements found in part 163 of title 19 
of the CFR (19 CFR part 163) and the

[[Page 7135]]

appendix to part 163 (commonly known as the ``(a)(1)(A) list'').

V. Eligibility Criteria

    As announced in this notice, the use of the PGA Message Set test is 
expanding to accept EPA-required TSCA certification data and supporting 
documentation. All other eligibility criteria as specified in prior PGA 
Message Set test notices remain the same. To be eligible to apply for 
this modification of the PGA Message Set test, the applicant must be a 
self-filing importer who has the ability to file ACE Entry Summaries 
certified for cargo release or a broker who has the ability to file ACE 
Entry Summaries certified for cargo release. CBP will accept an 
unlimited number of participants for the test. Test applicants must 
meet the eligibility criteria described in this document to participate 
in the test program.

VI. Application Process

    Any parties seeking to participate in the modified PGA Message Set 
test concerning EPA TSCA data should send an email message to Loraine 
Passe, at [email protected], and they should also send a copy of 
that message to their assigned CBP client representative. Interested 
parties without an assigned CBP client representative should submit an 
email to Steven Zaccaro at [email protected] with the 
subject heading ``PGA Message Set EPA Test FRN-Request to 
Participate''.
    CBP client representatives will work with test participants to 
provide information regarding the transmission of this data. CBP will 
begin to accept applications on February 10, 2016 and will continue to 
accept applications throughout the duration of the test. CBP will 
notify the selected applicants by email of their selection and the 
starting date of their participation. Selected participants may have 
different starting dates. An applicant providing incomplete 
information, or otherwise not meeting participation requirements, will 
be notified by email and given the opportunity to resubmit its 
application.

VII. Test Duration

    The modified test will begin no earlier than February 10, 2016 and 
will continue until concluded by way of announcement in the Federal 
Register. At the conclusion of the test, an evaluation will be 
conducted to assess the effect that the PGA Message Set has on 
expediting the submission of the EPA-required TSCA certification and 
the processing of entries for chemical substances and mixtures. The 
final results of the evaluation will be published in the Federal 
Register and the Customs Bulletin as required by section 101.9(b)(2) of 
the CBP regulations (19 CFR 101.9(b)(2)).

VIII. Comments

    All interested parties are invited to comment on any aspect of this 
test at any time. CBP requests comments and feedback on all aspects of 
this test, including the design, conduct, and implementation of the 
test, in order to determine whether to modify, alter, expand, limit, 
continue, end, or fully implement this program.

IX. Paperwork Reduction Act

    The collection of information in this test modification regarding 
the required TSCA certification has been reviewed by the Office of 
Management and Budget (OMB) in accordance with the requirements of the 
Paperwork Reduction Act (44 U.S.C. 3507). OMB has determined that the 
TSCA certification is exempt from the Paperwork Reduction Act. 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 
control number assigned by OMB.

X. Confidentiality

    Data submitted and entered into the ACE Portal includes information 
that is exempt or restricted from disclosure by law, such as by the 
Trade Secrets Act (18 U.S.C. 1905). As stated in previous notices, 
participation in this or any of the previous ACE tests is not 
confidential and upon a written Freedom of Information Act (FOIA) 
request, a name(s) of an approved participant(s) will be disclosed by 
CBP in accordance with 5 U.S.C. 552.

XI. Misconduct Under the Test

    A test participant may be subject to civil and criminal penalties, 
administrative sanctions, liquidated damages, and/or discontinuance 
from participation in this test for any of the following:
     Failure to follow the terms and conditions of this test.
     Failure to exercise reasonable care in the execution of 
participant obligations.
     Failure to abide by applicable laws and regulations that 
have not been waived.
     Failure to deposit duties or fees in a timely manner.
    If the Director, Business Transformation, ACE Business Office 
(ABO), Office of International Trade, finds that there is a basis for 
discontinuance of test participation privileges, the test participant 
will be provided a written notice proposing the discontinuance with a 
description of the facts or conduct warranting the action. The test 
participant will be offered the opportunity to appeal the Director's 
decision in writing within 10 calendar days of receipt of the written 
notice. The appeal must be submitted to Executive Director, ABO, Office 
of International Trade by emailing [email protected].
    The Executive Director will issue a decision in writing on the 
proposed action within 30 working days after receiving a timely filed 
appeal from the test participant. If no timely appeal is received, the 
proposed notice becomes the final decision of the Agency as of the date 
that the appeal period expires. A proposed discontinuance of a test 
participant's privileges will not take effect unless the appeal process 
under this paragraph has been concluded with a written decision adverse 
to the test participant.
    In the case of willfulness or when public health, interest, or 
safety so requires, the Director, Business Transformation, ABO, Office 
of International Trade, may immediately discontinue the test 
participant's privileges upon written notice to the test participant. 
The notice will contain a description of the facts or conduct 
warranting the immediate action. The test participant will be offered 
the opportunity to appeal the Director's decision within 10 calendar 
days of receipt of the written notice providing for immediate 
discontinuance. The appeal must be submitted to Executive Director, 
ABO, Office of International Trade by emailing 
[email protected]. The immediate discontinuance will remain 
in effect during the appeal period. The Executive Director will issue a 
decision in writing on the discontinuance within 15 working days after 
receiving a timely filed appeal from the test participant. If no timely 
appeal is received, the notice becomes the final decision of the Agency 
as of the date that the appeal period expires.

XII. PGA Programs Accepting Data Through the ACE PGA Message Set Test

    Information about PGA participation in ACE, current operational 
capabilities, and plans for future enhancements are available on this 
Web site: http://www.cbp.gov/trade/ace/features. Select the ``PGA 
Integration'' tab and click ``ACE PGA Forms List'' under the References 
column for more information on agencies with pilots in preparation for 
electronic filing.

[[Page 7136]]

XIII. Development of ACE Prototypes

    A chronological listing of Federal Register publications detailing 
ACE test developments is set forth below.
     ACE Portal Accounts and Subsequent Revision Notices: 67 FR 
21800 (May 1, 2002); 69 FR 5360 and 69 FR 5362 (February 4, 2004); 69 
FR 54302 (September 8, 2004); 70 FR 5199 (February 1, 2005).
     ACE System of Records Notice: 71 FR 3109 (January 19, 
2006).
     Terms/Conditions for Access to the ACE Portal and 
Subsequent Revisions: 72 FR 27632 (May 16, 2007); 73 FR 38464 (July 7, 
2008).
     ACE Non-Portal Accounts and Related Notice: 70 FR 61466 
(October 24, 2005); 71 FR 15756 (March 29, 2006).
     ACE Entry Summary, Accounts and Revenue (ESAR I) 
Capabilities: 72 FR 59105 (October 18, 2007).
     ACE Entry Summary, Accounts and Revenue (ESAR II) 
Capabilities: 73 FR 50337 (August 26, 2008); 74 FR 9826 (March 6, 
2009).
     ACE Entry Summary, Accounts and Revenue (ESAR III) 
Capabilities: 74 FR 69129 (December 30, 2009).
     ACE Entry Summary, Accounts and Revenue (ESAR IV) 
Capabilities: 76 FR 37136 (June 24, 2011).
     Post-Entry Amendment (PEA) Processing Test: 76 FR 37136 
(June 24, 2011).
     ACE Announcement of a New Start Date for the National 
Customs Automation Program Test of Automated Manifest Capabilities for 
Ocean and Rail Carriers: 76 FR 42721 (July 19, 2011).
     ACE Simplified Entry: 76 FR 69755 (November 9, 2011).
     National Customs Automation Program (NCAP) Tests 
Concerning Automated Commercial Environment (ACE) Document Image System 
(DIS): 77 FR 20835 (April 6, 2012).
     National Customs Automation Program (NCAP) Test Concerning 
Automated Commercial Environment (ACE) Simplified Entry: Modification 
of Participant Selection Criteria and Application Process: 77 FR 48527 
(August 14, 2012).
     Modification of NCAP Test Regarding Reconciliation for 
Filing Certain Post-Importation Preferential Tariff Treatment Claims 
under Certain FTAs: 78 FR 27984 (May 13, 2013).
     Modification of Two National Customs Automation Program 
(NCAP) Tests Concerning Automated Commercial Environment (ACE) Document 
Image System (DIS) and Simplified Entry (SE), 78 FR 44142 (July 23, 
2013).
     Modification of Two National Customs Automation Program 
(NCAP) Tests Concerning Automated Commercial Environment (ACE) Document 
Image System (DIS) and Simplified Entry (SE); Correction; 78 FR 53466 
(August 29, 2013).
     Modification of NCAP Test Concerning Automated Commercial 
Environment (ACE) Cargo Release (formerly known as Simplified Entry): 
78 FR 66039 (November 4, 2013).
     Post-Summary Corrections to Entry Summaries Filed in ACE 
Pursuant to the ESAR IV Test: Modifications and Clarifications: 78 FR 
69434 (November 19, 2013).
     National Customs Automation Program (NCAP) Test Concerning 
the Submission of Certain Data Required by the Environmental Protection 
Agency and the Food Safety and Inspection Service Using the Partner 
Government Agency Message Set Through the Automated Commercial 
Environment (ACE): 78 FR 75931 (December 13, 2013).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release 
for Ocean and Rail Carriers: 79 FR 6210 (February 3, 2014).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release To 
Allow Importers and Brokers To Certify From ACE Entry Summary: 79 FR 
24744 (May 1, 2014).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release 
for Truck Carriers: 79 FR 25142 (May 2, 2014).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment Document Image System: 
79 FR 36083 (June 25, 2014).
     Announcement of eBond Test: 79 FR 70881 (November 28, 
2014).
     eBond Test Modifications and Clarifications: Continuous 
Bond Executed Prior to or Outside the eBond Test May Be Converted to an 
eBond by the Surety and Principal, Termination of an eBond, 
Identification of Principal on an eBond by Filing Identification 
Number, and Email Address Correction: 80 FR 899 (January 7, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Document Image 
System Relating to Animal and Plant Health Inspection Service (APHIS) 
Document Submissions: 80 FR 5126 (January 30, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning the use of Partner Government Agency Message Set 
through the Automated Commercial Environment (ACE) for the Submission 
of Certain Data Required by the Environmental Protection Agency (EPA): 
80 FR 6098 (February 4, 2015).
     Announcement of Modification of ACE Cargo Release Test to 
Permit the Combined Filing of Cargo Release and Importer Security 
Filing (ISF) Data: 80 FR 7487 (February 10, 2015).
     Modification of NCAP Test Concerning ACE Cargo Release for 
Type 03 Entries and Advanced Capabilities for Truck Carriers: 80 FR 
16414 (March 27, 2015).
     Automated Commercial Environment (ACE) Export Manifest for 
Air Cargo Test: 80 FR 39790 (July 10, 2015).
     National Customs Automation Program (NCAP) Concerning 
Remote Location Filing Entry Procedures in the Automated Commercial 
Environment (ACE) and the Use of the Document Image System for the 
Submission of Invoices and the Use of eBonds for the Transmission of 
Single Transaction Bonds: 80 FR 40079 (July 13, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning the Automated Commercial Environment (ACE) Partner 
Government Agency (PGA) Message Set Regarding Types of Transportation 
Modes and Certain Data Required by the National Highway Traffic Safety 
Administration (NHTSA): 80 FR 47938 (August 10, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning the Submission of Certain Data Required by the Food and 
Drug Administration (FDA) Using the Partner Government Agency (PGA) 
Message Set Through the Automated Commercial Environment (ACE): 80 FR 
52051 (August 27, 2015).
     Automated Commercial Environment (ACE) Export Manifest for 
Rail Cargo Test: 80 FR 54305 (September 9, 2015).
     Animal and Plant Health Inspection Service: International 
Trade Data System Test Concerning the Electronic Submission to the 
Automated Commercial Environment of Data Using the Partner Government 
Agency Message Set: 80 FR 59721 (October 2, 2015).
     Automated Commercial Environment (ACE) Filings for 
Electronic Entry/Entry Summary (Cargo Release and Related Entry): 80 FR 
61278 (October 13, 2015).

[[Page 7137]]

     Modification of the National Customs Automation Program 
(NCAP) Test Concerning the Automated Commercial Environment (ACE) 
Document Image System (DIS) Regarding Future Updates and New Method of 
Submission of Accepted Documents: 80 FR 62082 (October 15, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Cargo Release 
for Entry Type 52 and Certain Other Modes of Transportation: 80 FR 
63576 (October 20, 2015).
     Announcement of the Modification of the National Customs 
Automation Program Test Concerning the Automated Commercial Environment 
Portal Account To Establish the Exporter Portal Account: 80 FR 63817 
(October 21, 2015).
     Modification of National Customs Automation Program (NCAP) 
Test Concerning Automated Commercial Environment (ACE) Entry Summary, 
Accounts and Revenue (ESAR) Test of Automated Entry Summary Types 51 
and 52 and Certain Modes of Transportation: 80 FR 63815 (October 21, 
2015).

    Dated: February 5, 2016.
Brenda B. Smith,
Assistant Commissioner, Office of International Trade.
[FR Doc. 2016-02716 Filed 2-9-16; 8:45 am]
 BILLING CODE 9111-14-P