Federal Register Vol. 81, No.13,

Federal Register Volume 81, Issue 13 (January 21, 2016)

Page Range3289-3698
FR Document

Current View
Page and SubjectPDF
81 FR 3693 - Revocation of Executive Orders 13574, 13590, 13622, and 13645 With Respect to Iran, Amendment of Executive Order 13628 With Respect to Iran, and Provision of Implementation Authorities for Aspects of Certain Statutory Sanctions Outside the Scope of U.S. Commitments Under the Joint Comprehensive Plan of Action of July 14, 2015PDF
81 FR 3691 - Martin Luther King, Jr., Federal Holiday, 2016PDF
81 FR 3689 - Religious Freedom Day, 2016PDF
81 FR 3411 - Sunshine Act MeetingPDF
81 FR 3553 - Additional Culturally Significant Objects Imported for Exhibition Determinations: “Bellissima: Italy and High Fashion 1945-1968” ExhibitionPDF
81 FR 3475 - Sunshine Act MeetingPDF
81 FR 3330 - Iranian Transactions and Sanctions RegulationsPDF
81 FR 3476 - Sunshine Act MeetingPDF
81 FR 3353 - Proposed Amendment and Establishment of Restricted Areas; Chincoteague Inlet, VAPDF
81 FR 3556 - Petition for Exemption; Summary of Petition Received; Florida State UniversityPDF
81 FR 3555 - Petition for Exemption; Summary of Petition Received; Douglas TrudeauPDF
81 FR 3555 - Notice of Release From Quitclaim Deed and Federal Grant Assurance Obligations at Santa Maria Public Airport, Santa Maria, Santa Barbara County, CaliforniaPDF
81 FR 3554 - Petition for Exemption; Summary of Petition Received; Alaska Aerial MediaPDF
81 FR 3554 - Notice of Release From Quitclaim Deed and Federal Grant Assurance Obligations at Oxnard Airport, Oxnard, Ventura County, CaliforniaPDF
81 FR 3557 - Petition for Exemption; Summary of Petition Received; Auburn UniversityPDF
81 FR 3556 - Petition for Exemption; Summary of Petition ReceivedPDF
81 FR 3475 - Bulk Manufacturer of Controlled Substances Application: Johnson Matthey, Inc.PDF
81 FR 3420 - Information Collection; Economic Price AdjustmentPDF
81 FR 3557 - Petition for Exemption; Summary of Petition Received; Hazon Solutions LLCPDF
81 FR 3420 - Information Collection; Change Order AccountingPDF
81 FR 3333 - Security Zones; Annual Events in the Captain of the Port Detroit Zone-North American International Auto Show, Detroit River, Detroit MIPDF
81 FR 3465 - Notice of Realty Action: Proposed Competitive Sealed-Bid, Oral Auction Sale and Segregation of Public Land in Owyhee County, IDPDF
81 FR 3463 - Notice of Intent To Amend the Resource Management Plan for the Sonoran Desert National Monument, Arizona, and Prepare an Associated Environmental Impact StatementPDF
81 FR 3468 - Notice of Enforcement of Temporary Court-Ordered Closure To Target Shooting on Public Lands in the Sonoran Desert National Monument, ArizonaPDF
81 FR 3377 - Approval of Subzone Status, MannKind Corporation, Danbury, ConnecticutPDF
81 FR 3467 - Notice of Intent To Prepare an Environmental Impact Statement for Expanding an Existing Perlite Mining Operation; Lake County, OregonPDF
81 FR 3462 - Notice of Temporary Closure of Public Land in Sierra County, New MexicoPDF
81 FR 3448 - Intent To Request Renewal From OMB of One Current Public Collection of Information: Pipeline Operator Security InformationPDF
81 FR 3431 - Cellular, Tissue and Gene Therapies Advisory Committee; Notice of MeetingPDF
81 FR 3464 - Public Land Order No. 7849; Withdrawal of Public Land for the Protection of the Red Gulch Dinosaur Tracksite; WyomingPDF
81 FR 3553 - 30-Day Notice of Proposed Information Collection: Commodity Jurisdiction DeterminationPDF
81 FR 3481 - Notice of Intent To Prepare an Environmental Impact Statement for the Smithsonian Institution's South Mall Campus Master PlanPDF
81 FR 3411 - Notice of Agreements FiledPDF
81 FR 3398 - Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs; 2016-2017 Award Year Deadline DatesPDF
81 FR 3397 - Applications for New Awards; Talent Search Program; CorrectionPDF
81 FR 3410 - Consumer Advisory CommitteePDF
81 FR 3453 - Salt River Pima-Maricopa Indian Community of the Salt River Reservation Liquor OrdinancePDF
81 FR 3327 - Establishment of the Los Olivos District Viticultural AreaPDF
81 FR 3558 - Agency Information Collection Activities: Notice of Request for Extension of Currently Approved Information CollectionPDF
81 FR 3409 - National Coastal Condition Assessment 2010PDF
81 FR 3356 - Proposed Establishment of the Willcox Viticultural AreaPDF
81 FR 3452 - Reopening of Nomination Period for State Government Members of the Advisory Committee on Climate Change and Natural Resource SciencePDF
81 FR 3354 - Access to Data Obtained by Security-Based Swap Data Repositories and Exemption From Indemnification RequirementPDF
81 FR 3520 - J.P. Morgan Exchange-Traded Fund Trust, et al.; Notice of ApplicationPDF
81 FR 3476 - Notice of Availability of Funds and Funding Opportunity Announcement for Linking to Employment Activities Pre-Release Through Specialized American Job Centers (AJCS)-(“LEAP-2”)PDF
81 FR 3477 - Proposed Extension of Existing Collection; Comment RequestPDF
81 FR 3373 - Endangered and Threatened Wildlife and Plants; Proposed Removal of the Scarlet-Chested Parakeet and Turquoise Parakeet From the List of Endangered and Threatened WildlifePDF
81 FR 3558 - Submission for OMB Review; Comment RequestPDF
81 FR 3391 - Agency Information Collection Activities Under OMB ReviewPDF
81 FR 3293 - Apricots Grown in Designated Counties in Washington; Decreased Assessment RatePDF
81 FR 3481 - National Endowment for the Arts; Agency Information Collection Activities: Proposed Collection; Comment Request; 2017 Survey of Public Participation in the ArtsPDF
81 FR 3474 - Certain RF Capable Integrated Circuits and Products Containing the Same; Institution of InvestigationPDF
81 FR 3473 - Certain Laser-Driven Light Sources, Subsystems Containing Laser-Driven Light Sources, and Products Containing Same; Institution of InvestigationPDF
81 FR 3354 - Safety Standard for High Chairs; CorrectionPDF
81 FR 3392 - Opportunity for Sponsorship of the GreenGov SymposiumPDF
81 FR 3559 - Commission on CarePDF
81 FR 3440 - Advisory Council on Blood Stem Cell Transplantation; Request for Nominations for Voting MembersPDF
81 FR 3441 - Advisory Committee on Organ Transplantation Request for Nominations for Voting MembersPDF
81 FR 3406 - ORPC Maine, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing ApplicationsPDF
81 FR 3408 - Twain Resources, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing ApplicationsPDF
81 FR 3408 - KC Lake Hydro LLC; Notice of Surrender of Preliminary PermitPDF
81 FR 3408 - City of Brainerd Public Utility Commission; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and ProtestsPDF
81 FR 3401 - Notice of Commissioner or Commission Staff Attendance at Miso MeetingsPDF
81 FR 3405 - Combined Notice of Filings #1PDF
81 FR 3406 - The City of Springfield; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing ApplicationsPDF
81 FR 3406 - Notice of Termination of Requirement To File Fourth Quarter 2015 Land Acquisition ReportsPDF
81 FR 3404 - Columbia Gas Transmission, LLC; Notice of ApplicationPDF
81 FR 3402 - Magnum Gas Storage, LLC; Notice of Intent To Prepare an Environmental Assessment for the Proposed Magnum Gas Storage Amendment Project and Request for Comments on Environmental IssuesPDF
81 FR 3407 - Combined Notice of Filings #2PDF
81 FR 3425 - Draft Current Intelligence Bulletin: Health Effects of Occupational Exposure to Silver Nanomaterials; Notice of Public Meeting; Availability of Document for CommentPDF
81 FR 3450 - Draft Environmental Assessment, Habitat Conservation Plan, and Application for an Incidental Take Permit for Piping Plover, Massachusetts Division of Fisheries and WildlifePDF
81 FR 3294 - Airworthiness Directives; Airbus AirplanesPDF
81 FR 3476 - Notice of Lodging Proposed Consent DecreePDF
81 FR 3378 - Taking of Marine Mammals Incidental to Specified Activities; Coupeville Timber Towers Preservation ProjectPDF
81 FR 3478 - Request for Letters of Intent To Apply for 2016 Pro Bono Innovation Fund GrantsPDF
81 FR 3432 - Conditional Approval of a New Animal Drug No Longer In Effect; Masitinib Mesylate TabletsPDF
81 FR 3438 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Adverse Event Reporting and Recordkeeping for Dietary Supplements as Required by the Dietary Supplement and Nonprescription Drug Consumer Protection ActPDF
81 FR 3434 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Food Contact Substance Notification ProgramPDF
81 FR 3336 - Offshore Supply Vessels, Towing Vessel, and Barge Engine Rating WatchesPDF
81 FR 3324 - Conditional Approval of a New Animal Drug No Longer in Effect; MasitinibPDF
81 FR 3426 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
81 FR 3429 - Target Animal Safety Data Presentation and Statistical Analysis; Guidance for Industry; AvailabilityPDF
81 FR 3430 - Determination That THORAZINE (Chlorpromazine Hydrochloride) Tablets and Other Drug Products Were Not Withdrawn From Sale for Reasons of Safety or EffectivenessPDF
81 FR 3435 - Determination That MEVACOR (Lovastatin) Tablets, 20 Milligrams and 40 Milligrams, Were Not Withdrawn From Sale for Reasons of Safety or EffectivenessPDF
81 FR 3452 - Endangered Species; Receipt of Application for PermitPDF
81 FR 3432 - Implanted Blood Access Devices for Hemodialysis; Guidance for Industry and Food and Drug Administration Staff; AvailabilityPDF
81 FR 3436 - Submission and Review of Sterility Information in Premarket Notification (510(k)) Submissions for Devices Labeled as Sterile; Guidance for Industry and Food and Drug Administration Staff; AvailabilityPDF
81 FR 3325 - Medical Devices; Ear, Nose, and Throat Devices; Classification of the Tympanic Membrane Contact Hearing AidPDF
81 FR 3471 - Certain Windshield Wiper Devices and Components Thereof; Commission Decision To Review In Part a Final Initial Determination Finding a Violation of Section 337; Request for Written SubmissionsPDF
81 FR 3350 - Airworthiness Directives; BAE Systems (Operations) Limited AirplanesPDF
81 FR 3483 - New Postal ProductPDF
81 FR 3482 - Postal Service Performance Report and Performance PlanPDF
81 FR 3339 - NASA Federal Acquisition Regulation SupplementPDF
81 FR 3395 - Privacy Act of 1974; System of RecordsPDF
81 FR 3447 - Proposed Collection; 60-Day Comment Request: National Institute on Minority Health and Health Disparities Research EndowmentsPDF
81 FR 3470 - States' Decisions on Participating in Accounting and Auditing Relief for Federal Oil and Gas Marginal PropertiesPDF
81 FR 3377 - Public Quarterly Meeting of the Board of DirectorsPDF
81 FR 3446 - Center for Scientific Review; Notice of Closed MeetingsPDF
81 FR 3393 - Proposed Collection; Comment RequestPDF
81 FR 3377 - Notice of Request for Extension of a Currently Approved Information CollectionPDF
81 FR 3469 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
81 FR 3443 - Center for Scientific Review; Notice of Closed MeetingsPDF
81 FR 3443 - National Cancer Institute; Notice of Closed MeetingsPDF
81 FR 3446 - National Cancer Institute; Amended Notice of MeetingPDF
81 FR 3445 - National Human Genome Research Institute; Notice of MeetingsPDF
81 FR 3445 - National Institute of Dental & Craniofacial Research; Notice of Closed MeetingPDF
81 FR 3545 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 7018PDF
81 FR 3484 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE Arca Integrated FeedPDF
81 FR 3490 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE BBO and NYSE TradesPDF
81 FR 3496 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE MKT Order ImbalancesPDF
81 FR 3489 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Delete Obsolete Rules 1000B-1012B and To Amend Rule 722PDF
81 FR 3512 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Order Approving a Proposed Rule Change To Permit P.M.-Settled Options on Broad-Based Indexes To Expire on Any Wednesday of the Month by Expanding the End of Week/End of Month Pilot ProgramPDF
81 FR 3532 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Instituting Proceedings To Determine Whether To Approve or Disapprove Proposed Rule Change To Amend FINRA Rule 4210 (Margin Requirements) To Establish Margin Requirements for the TBA Market, as Modified by Partial Amendment No. 1PDF
81 FR 3530 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Rule 132.30(9)-Equities To Conform the Exchange's Rules to Industry-Wide Standards for Recording the Capacity in Which a Member Organization Executes a TransactionPDF
81 FR 3500 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE MKT BBO and NYSE MKT TradesPDF
81 FR 3547 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE ArcaBookPDF
81 FR 3527 - Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Delete Phlx Rules 792, 794, 797, and 798PDF
81 FR 3514 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE MKT OpenBookPDF
81 FR 3506 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fees for NYSE OpenBookPDF
81 FR 3390 - Performance of Certain Functions by the National Futures Association Related to Notices of Swap Valuation Disputes Filed by Swap Dealers and Major Swap ParticipantsPDF
81 FR 3442 - Solicitation of Nominations for Membership on the Secretary's Advisory Committee on Human Research ProtectionsPDF
81 FR 3410 - Regular MeetingPDF
81 FR 3337 - Implementing Certain Provisions of the Spectrum Pipeline Act With Respect to the Duties of the Technical PanelPDF
81 FR 3343 - United States Standards for Mixed GrainPDF
81 FR 3341 - United States Standards for FlaxseedPDF
81 FR 3342 - United States Standards for RyePDF
81 FR 3412 - Proposed Agency Information Collection Activities; Comment RequestPDF
81 FR 3341 - United States Standards for TriticalePDF
81 FR 3423 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
81 FR 3421 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
81 FR 3289 - Direct Farm Ownership MicroloanPDF
81 FR 3393 - Privacy Act of 1974; System of RecordsPDF
81 FR 3559 - Rehabilitation Research and Development Service Scientific Merit Review Board; Notice of MeetingsPDF
81 FR 3374 - Fisheries of the Exclusive Economic Zone Off Alaska; Western Alaska Community Development Quota ProgramPDF
81 FR 3427 - Announcing the Award of Six Single-Source Program Expansion Supplement Grants From the Tribal Maternal, Infant, and Early Childhood Home Visiting (Tribal MIECHV) ProgramPDF
81 FR 3362 - Special Local Regulations; Marine Events in the Seventh Coast Guard DistrictPDF
81 FR 3378 - Proposed Information Collection; Comment Request; Chemical Weapons Convention Declaration and Report Handbook and FormsPDF
81 FR 3401 - Agency Information Collection Activities; Comment Request; Campus Equity in Athletics Disclosure Act (EADA) SurveyPDF
81 FR 3334 - Air Plan Approval; Wisconsin; Wisconsin State Board RequirementsPDF
81 FR 3348 - Airworthiness Directives; Beechcraft Corporation (Type Certificate Previously Held by Hawker Beechcraft Corporation; Raytheon Aircraft Company) AirplanesPDF
81 FR 3344 - Airworthiness Directives; Kaman Aerospace CorporationPDF
81 FR 3319 - Airworthiness Directives; MD Helicopters Inc.PDF
81 FR 3346 - Airworthiness Directives; Airbus AirplanesPDF
81 FR 3339 - Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trip Limit Adjustment for the Common Pool FisheryPDF
81 FR 3323 - Amendment of Class E Airspace; El Paso, TXPDF
81 FR 3636 - Hazardous Materials: Adoption of Special Permits (MAP-21) (RRR)PDF
81 FR 3310 - Airworthiness Directives; Airbus Helicopters Deutschland GmbH (Previously Eurocopter Deutschland GmbH) (Airbus Helicopters)PDF
81 FR 3308 - Airworthiness Directives; Agusta S.p.A. HelicoptersPDF
81 FR 3306 - Airworthiness Directives; Airbus Helicopters Deutschland GmbH (Previously Eurocopter Deutschland GmbH) HelicoptersPDF
81 FR 3297 - Airworthiness Directives; Bombardier, Inc. AirplanesPDF
81 FR 3320 - Airworthiness Directives; Dassault Aviation AirplanesPDF
81 FR 3313 - Airworthiness Directives; Bombardier, Inc. AirplanesPDF
81 FR 3301 - Airworthiness Directives; Airbus AirplanesPDF
81 FR 3316 - Airworthiness Directives; Airbus AirplanesPDF
81 FR 3304 - Airworthiness Directives; Bombardier, Inc. AirplanesPDF
81 FR 3562 - Carrier Safety Fitness DeterminationPDF

Issue

81 13 Thursday, January 21, 2016 Contents African African Development Foundation NOTICES Meetings: Board of Directors, 3377 2016-01077 Agricultural Marketing Agricultural Marketing Service RULES Decreased Assessment Rates: Apricots Grown in Designated Counties in Washington, 3293-3294 2016-01137 Agriculture Agriculture Department See

Agricultural Marketing Service

See

Farm Service Agency

See

Grain Inspection, Packers and Stockyards Administration

See

Rural Housing Service

Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Viticultural Areas: Los Olivos District; Establishment, 3327-3329 2016-01155 PROPOSED RULES Viticultural Areas: Willcox; Establishment, 3356-3362 2016-01150 Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3393 2016-01075 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3421-3424, 3426-3427 2016-01040 2016-01041 2016-01099 Meetings: Draft Current Intelligence Bulletin—Health Effects of Occupational Exposure to Silver Nanomaterials, 3425-3426 2016-01112 Children Children and Families Administration NOTICES Single-Source Program Expansion Supplement Grants: Tribal Maternal, Infant, and Early Childhood Home Visiting Program, 3427-3429 2016-01033 Coast Guard Coast Guard RULES Offshore Supply Vessels, Towing Vessel, and Barge Engine Rating Watches, 3336 2016-01101 Security Zones: Annual Events in the Captain of the Port Detroit Zone—North American International Auto Show, Detroit River, Detroit, MI, 3333-3334 2016-01190 PROPOSED RULES Special Local Regulations: Marine Events in the Seventh Coast Guard District, 3362-3373 2016-01032 Commerce Commerce Department See

Foreign-Trade Zones Board

See

Industry and Security Bureau

See

National Oceanic and Atmospheric Administration

See

National Telecommunications and Information Administration

Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3391-3392 2016-01139 Performance of Certain Functions by the National Futures Association Related to Notices of Swap Valuation Disputes Filed by Swap Dealers and Major Swap Participants, 3390-3391 2016-01051 Consumer Product Consumer Product Safety Commission PROPOSED RULES Safety Standard for High Chairs; Correction, 3354 2016-01133 Council Environmental Council on Environmental Quality NOTICES Sponsorship Opportunity: GreenGov Symposium, 3392-3393 2016-01132 Defense Department Defense Department See

Army Department

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Change Order Accounting, 3420-3421 2016-01192 Economic Price Adjustment, 3420 2016-01194 Privacy Act; Systems of Records, 3393-3397 2016-01037 2016-01084
Drug Drug Enforcement Administration NOTICES Manufacturers of Controlled Substances; Applications: Johnson Matthey, Inc., 3475-3476 2016-01202 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Campus Equity in Athletics Disclosure Act Survey, 3401 2016-01027 Applications for New Awards: Talent Search Program; Correction, 3397-3398 2016-01158 Award Deadline Dates for 2016-2017: Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs, 3398-3400 2016-01159 Employment and Training Employment and Training Administration NOTICES Funding Availability: Linking to Employment Activities Pre-Release Through Specialized American Job Centers, 3476-3477 2016-01146 Energy Department Energy Department See

Federal Energy Regulatory Commission

Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Wisconsin; State Board Requirements, 3334-3336 2016-01015 Farm Credit System Insurance Farm Credit System Insurance Corporation NOTICES Meetings: Farm Credit System Insurance Corporation Board, 3410 2016-01048 Farm Service Farm Service Agency RULES Direct Farm Ownership Microloan, 3289-3293 2016-01038 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Agusta S.p.A. Helicopters, 3308-3310 2016-00659 Airbus Airplanes, 3294-3297, 3301-3304, 3316-3319 2016-00373 2016-00376 2016-01110 Airbus Helicopters Deutschland GmbH (Previously Eurocopter Deutschland GmbH) (Airbus Helicopters), 3310-3313 2016-00664 Airbus Helicopters Deutschland GmbH (Previously Eurocopter Deutschland GmbH) Helicopters, 3306-3308 2016-00658 Bombardier, Inc. Airplanes, 3297-3301, 3304-3306, 3313-3316 2016-00371 2016-00378 2016-00630 Dassault Aviation Airplanes, 3320-3323 2016-00629 MD Helicopters Inc., 3319-3320 2016-00945 Amendment of Class E Airspace: El Paso, TX, 3323-3324 2016-00879 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 3346-3348 2016-00944 BAE Systems (Operations) Limited Airplanes, 3350-3353 2016-01088 Beechcraft Corporation (Type Certificate Previously Held by Hawker Beechcraft Corporation; Raytheon Aircraft Company) Airplanes, 3348-3350 2016-00951 Kaman Aerospace Corporation, 3344-3346 2016-00947 Amendment and Establishment of Restricted Areas: Chincoteague Inlet, VA, 3353-3354 2016-01211 NOTICES Petitions for Exemption; Summaries: Alaska Aerial Media, 3554-3555 2016-01206 Auburn University, 3557-3558 2016-01204 Douglas Trudeau, 3555-3556 2016-01209 Florida State University, 3556 2016-01210 Hazon Solutions LLC, 3557 2016-01193 Rolls-Royce plc, 3556-3557 2016-01203 Release of Airport Property: Quitclaim Deed and Federal Grant Assurance Obligations at Oxnard Airport, Oxnard, Ventura County, CA, 3554 2016-01205 Santa Maria Public Airport, Santa Maria, Santa Barbara County, CA, 3555 2016-01207 Federal Communications Federal Communications Commission NOTICES Meetings: Consumer Advisory Committee, 3410-3411 2016-01157 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 3411 2016-01244 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 3411 2016-01298 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: City of Brainerd Public Utility Commission, 3408-3409 2016-01121 Columbia Gas Transmission, LLC, 3404-3405 2016-01116 Combined Filings, 3405-3408 2016-01114 2016-01119 Environmental Assessments; Availability, etc.: Magnum Gas Storage, LLC; Magnum Gas Storage Amendment Project, 3402-3404 2016-01115 Preliminary Permit Applications: City of Springfield, MA, 3406 2016-01118 ORPC Maine, LLC, 3406-3407 2016-01124 Twain Resources, LLC, 3408 2016-01123 Preliminary Permit Surrenders: KC Lake Hydro LLC, 3408 2016-01122 Staff Attendances, 3401-3402 2016-01120 Termination of Requirement To File Fourth Quarter 2015 Land Acquisition Reports, 3406 2016-01117 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3558 2016-01153 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 3411-3412 2016-01160 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Carrier Safety Fitness Determinations, 3562-3634 2015-33153 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3412-3420 2016-01043 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Proposed Removal of the Scarlet-Chested Parakeet and Turquoise Parakeet From the List of Endangered and Threatened Wildlife, 3373-3374 2016-01142 NOTICES Endangered Species Permit Applications, 3452 2016-01095 Incidental Take Permit Applications: Massachusetts Division of Fisheries and Wildlife for Piping Plover Habitat Conservation Plan, 3450-3452 2016-01111 Food and Drug Food and Drug Administration RULES Conditional Approval of a New Animal Drug No Longer In Effect: Masitinib, 3324 2016-01100 Medical Devices: Ear, Nose, and Throat Devices; Classification of the Tympanic Membrane Contact Hearing Aid, 3325-3327 2016-01090 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Adverse Event Reporting and Recordkeeping for Dietary Supplements as Required by the Dietary Supplement and Nonprescription Drug Consumer Protection Act, 3438-3439 2016-01103 Food Contact Substance Notification Program, 3434-3435 2016-01102 Conditional Approval of a New Animal Drug No Longer In Effect: Masitinib Mesylate Tablets, 3432 2016-01104 Determinations: MEVACOR (Lovastatin) Tablets, 20 Milligrams and 40 Milligrams, Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness, 3435-3436 2016-01096 THORAZINE (Chlorpromazine Hydrochloride) Tablets and Other Drug Products Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness, 3430-3431 2016-01097 Guidance: Implanted Blood Access Devices for Hemodialysis, 3432-3433 2016-01094 Submission and Review of Sterility Information in Premarket Notification (510(k)) Submissions for Devices Labeled as Sterile, 3436-3438 2016-01093 Target Animal Safety Data Presentation and Statistical Analysis, 3429-3430 2016-01098 Meetings: Cellular, Tissue and Gene Therapies Advisory Committee, 3431-3432 2016-01165 Foreign Assets Foreign Assets Control Office RULES Iranian Transactions and Sanctions, 3330-3333 2016-01227 Foreign Trade Foreign-Trade Zones Board NOTICES Approvals of Subzone Status: MannKind Corp., Danbury, CT, 3377-3378 2016-01178 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Change Order Accounting, 3420-3421 2016-01192 Economic Price Adjustment, 3420 2016-01194 Geological Geological Survey NOTICES Reopening of Nomination Period: State Government Members of the Advisory Committee on Climate Change and Natural Resource Science, 3452-3453 2016-01149 Grain Inspection Grain Inspection, Packers and Stockyards Administration PROPOSED RULES United States Standards for Flaxseed, 3341 2016-01045 United States Standards for Mixed Grain, 3343-3344 2016-01046 United States Standards for Rye, 3342-3343 2016-01044 United States Standards for Triticale, 3341-3342 2016-01042 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Children and Families Administration

See

Food and Drug Administration

See

Health Resources and Services Administration

See

National Institutes of Health

NOTICES Requests for Nominations: Secretary's Advisory Committee on Human Research Protections, 3442-3443 2016-01049
Health Resources Health Resources and Services Administration NOTICES Requests for Nominations: Advisory Committee on Organ Transplantation, 3441-3442 2016-01126 Advisory Council on Blood Stem Cell Transplantation, 3440-3441 2016-01127 Homeland Homeland Security Department See

Coast Guard

Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3449-3450 2016-01151 Indian Affairs Indian Affairs Bureau NOTICES Liquor Ordinances: Salt River Pima-Maricopa Indian Community of the Salt River Reservation, 3453-3462 2016-01156 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Chemical Weapons Convention Declaration and Report Handbook and Forms, 3378 2016-01030 Interior Interior Department See

Fish and Wildlife Service

See

Geological Survey

See

Indian Affairs Bureau

See

Land Management Bureau

See

National Park Service

See

Office of Natural Resources Revenue

International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Laser-Driven Light Sources, Subsystems Containing Laser-Driven Light Sources, and Products Containing Same, 3473-3474 2016-01134 Certain RF Capable Integrated Circuits and Products Containing the Same, 3474-3475 2016-01135 Windshield Wiper Devices and Components Thereof, 3471-3473 2016-01089 Meetings; Sunshine Act, 3475 2016-01243 Justice Department Justice Department See

Drug Enforcement Administration

See

Parole Commission

NOTICES Proposed Consent Decrees, 3476 2016-01109
Labor Department Labor Department See

Employment and Training Administration

See

Workers Compensation Programs Office

Land Land Management Bureau NOTICES Enforcement of Temporary Court-Ordered Closure to Target Shooting on Public Lands in the Sonoran Desert National Monument, Arizona, 3468 2016-01186 Environmental Assessments; Availability, etc.: Resource Management Plan for the Sonoran Desert National Monument, Arizona; Intent To Amend, 3463-3464 2016-01187 Environmental Impact Statements; Availability, etc.: Expanding an Existing Perlite Mining Operation; Lake County, OR, 3467 2016-01176 Realty Actions: Proposed Competitive Sealed-Bid, Oral Auction Sale and Segregation of Public Land in Owyhee County, ID, 3465-3467 2016-01188 Temporary Closures of Public Land: Sierra County, NM, 3462-3463 2016-01175 Withdrawals of Public Land: Public Land Order No. 7849; Protection of the Red Gulch Dinosaur Tracksite, WY, 3464 2016-01164 Legal Legal Services Corporation NOTICES Funding Availabilities: Technology Initiative Grant; Letters of Intent To Apply, 3478-3481 2016-01106 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation Supplements, 3339 2016-01085 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Change Order Accounting, 3420-3421 2016-01192 Economic Price Adjustment, 3420 2016-01194 National Capital National Capital Planning Commission NOTICES Environmental Impact Statements; Availability, etc.: Smithsonian Institution's South Mall Campus Master Plan, 3481 2016-01162 National Endowment for the Arts National Endowment for the Arts NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Survey of Public Participation in the Arts, 3481-3482 2016-01136 National Foundation National Foundation on the Arts and the Humanities See

National Endowment for the Arts

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81 13 Thursday, January 21, 2016 Rules and Regulations DEPARTMENT OF AGRICULTURE Farm Service Agency 7 CFR Parts 761 and 764 RIN 0560-AI33 Direct Farm Ownership Microloan AGENCY:

Farm Service Agency, USDA.

ACTION:

Final rule.

SUMMARY:

The Farm Service Agency (FSA) is adding Direct Farm Ownership Microloan (DFOML) to the existing Direct Loan Program. The revisions to the Direct Loan Program regulations consist of application, eligibility, repayment terms, and security requirements to better serve the unique operating needs of small family farm operations. The existing Microloans (ML) in the Direct Loan Program already include MLs for operating loans (OL). DFOML is expected to make farm ownership loans (FOs) available and more attractive to small operators through reduced application requirements, more timely application processing, and added flexibility for Youth Loan (YL) borrowers in meeting the farm experience eligibility requirement.

DATES:

Effective date: January 21, 2016.

Comment Date: We will consider comments we receive by April 20, 2016.

ADDRESSES:

We invite you to submit comments on this final rule. In your comment, please specify RIN 0560-AI33 and include the volume, date, and page number of this issue of the Federal Register. You may submit comments by either of the following methods:

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

Mail: Director, Loan Making Division, Farm Loan Programs (FLP), FSA, U.S. Department of Agriculture, 1400 Independence Avenue SW., Stop 0522, Washington, DC 20250-0522.

Comments will be available for inspection online at http://www.regulations.gov and in the Office of the Director, Loan Making Division, FSA, USDA, 1400 Independence Avenue SW., Stop 0522, Washington, DC 20250-0522, between 8 a.m. and 4:30 p.m., except holidays.

FOR FURTHER INFORMATION CONTACT:

Russ Clanton; telephone: (202) 690-0214. Persons with disabilities or who require alternative means for communication should contact the USDA Target Center at (202) 720-2600 (voice).

SUPPLEMENTARY INFORMATION: Background

FSA provides agricultural credit to the Nation's farmers and ranchers through the FO Program. The Consolidated Farm and Rural Development Act of 1972 (CONACT, Pub. L. 92-419), as amended, authorizes FSA's FO Program. The FO Program is designed to finance the farm ownership needs of family farms for operators who meet the program eligibility requirements. Among other things, eligible applicants must be unable to obtain sufficient credit from other sources; have sufficient farming experience; have an acceptable credit history; and have adequate collateral for the proposed loan. (See 7 CFR 764.101 and 764.152 for a full explanation of FO eligibility requirements.) FO funds may be used, among other purposes, to purchase a farm, enlarge an existing farm, construct new farm buildings or improve structures, pay closing costs, and promote soil and water conservation and protection. (See 7 CFR 764.151 for a complete list of FO funds uses.) Throughout this rule, any reference to “farm” or “farmer” also includes “ranch” or “rancher,” respectively; in this document, the word “operator” refers to farmers who operate a farm.

FSA has conducted a Direct ML Program for OLs since January 2013 and has made 16,842 MLs to farmers since inception and provided MLs totaling $66.1 million dollars in FY 2013, $98.3 million in FY 2014, and $209.4 million in FY 2015 and the first quarter of FY 2016 (loan amounts are as of January 13, 2016). The Direct ML Program has seen explosive growth and helped to fill a need for financing of small farm operations, many of them to beginning or underserved farmers. Following the success of the Direct ML Program for direct OLs, FSA has decided to expand the ML Program to add direct FOs to reach more beginning farmers and farmers with small farms.

FSA evaluated the unique needs of small farm operations and identified unintended barriers to applying for FOs of smaller loan amounts. FSA is simplifying the application process and adding flexibility for meeting loan eligibility in order to encourage their participation. FSA is creating the new DFOML application process within the existing FO Program framework, and will use existing FO appropriations to focus on the financing needs of small farm operations.

FSA is implementing the DFOML to provide credit in an aggregate amount not to exceed $50,000. The $50,000 limit for MLs is established as specified in section 5106 of the Agricultural Act of 2014 (Pub. L. 113-79, referred to as the 2014 Farm Bill), amending the CONACT (7 U.S.C. 1943), to set the limit of $50,000 for the total ML indebtedness outstanding at any one time to any single borrower. Therefore, eligible farmers cannot have more than $50,000 in direct ML debt in each of the direct FO and OL programs upon loan closing. It is intended that smaller loan amounts will help small operations, such as beginning farmers, truck farmers, niche-type operations, and those who have demonstrated financial and business experience through the successful repayment of a Youth Loan (YL). These farmers tend to have difficulty obtaining real estate financing from lenders who are unlikely to loan such small amounts, particularly to non-typical operations. FSA is providing credit to these farmers at reasonable rates and terms that are significant because financing costs have a greater impact on smaller startup operations, which typically have a tighter cash flow.

Similar to the OL ML, under 7 CFR 761.104(e) DFOML applicants can provide other forms of documentation, such as operator's sales receipts, financial statements, contracts, and tax returns. This change will be helpful for operations where past yields have little bearing on the projected plan, such as vegetable operators who plan short term and grow different crops to meet current demand; operators who produce crops using measures such as rows or partial rows versus acres; or operators who grow crops that sell in volumes such as bunches. In some of these cases it will be impracticable, burdensome, and often irrelevant for the farmer to demonstrate accurate yields, especially if a variety of produce is harvested and then sold to the public only hours later. In such cases, past reliable history of income and expenses or cash receipts may be more useful in projecting the future production revenue of a field, greenhouse, or operation. Also, if an operator is changing the crop from year to year to meet changing market demands, then production for the past 2 or 3 years may not be applicable to the production model. This modification allows FSA to assist operations that otherwise may have difficulty meeting or documenting production and yield history and will provide sufficient information for a loan official to determine eligibility and feasibility.

Additionally, repayment terms are being modified for these smaller FOs to allow borrowers to more quickly build equity in their farm real estate according to their repayment ability. That, combined with the already established flexibility for the farmers to make loan payments when they sell their products, allows farmers to more efficiently manage their income and resources.

This rule modifies the FO eligibility requirements in 7 CFR 764.152 to allow farmers who have successfully repaid an FSA financed YL to use the term of that loan toward the 3 years farm management experience for a DFOML. Each year of the YL term can be applied toward meeting the requirement for 3 years of farm management experience.

The repayment terms of DFOML will differ from the regular FO Program; the maximum number of years for a borrower to pay back a DFOML is 25 years. For smaller real estate loans, there is not a large difference in the payment amount between the annual installments under DFOML's maximum 25-year amortization schedule and the regular FO's maximum 40 year amortization. However; the interest paid on a 40 year amortization is considerably larger than on the 25-year schedule. The borrowers will benefit from paying less total interest on the life of their loan. The average number of years for an FO to be outstanding is 13 years, with loans being either paid in full or refinanced with another lender within this timeframe. Some borrowers do remain with FSA for the duration of their FO term. The 25-year maximum is reasonable for assisting our borrowers to purchase land and to build equity in the property. The benefits will help small operations endure through the start-up years, demonstrate capacity, build equity, move up to FSA regular loan programs, and eventually graduate to commercial credit.

Our role in providing supervised credit is to help borrowers prepare for the transition to conventional credit. While a DFOML will reduce the paperwork burden on applicants and FSA staff, it will not reduce the amount of oversight provided by FSA to these farmers. In fact, as a result of streamlining the application process, FSA will have more time to work on cash flow analysis, provide borrower training and ready these borrowers for transition into commercial credit.

ML Application Requirements and Application Processing

This rule is revising 7 CFR 764.51 to add the requirements for the DFOML application. A complete DFOML application will consist of the following:

• A microloan application form (§ 764.51(b)(1));

• A balance sheet (§ 764.51(b)(9) and (d)(2)(ii));

• An operating plan (§ 764.51(b)(9));

• Applicable environmental information (§ 764.51(b)(7));

• Description of the applicant's farm training and experience (§ 764.51(b)(3));

• Verification of applicant's farm experience (§ 764.51(d)(2)(v));

• Documentation that credit cannot be obtained elsewhere (§ 764.51(b)(6));

• Documents with regard to the property or option to purchase agreement (§ 764.51(b)(10));

• The credit report fee (§ 764.51(b)(11)); and

• Verification of non-farm income for repayment (§ 764.51(d)(2)(iii)).

• In addition, if the applicant is an entity, the complete application will include entity and entity member information specified in § 764.51(b)(2).

The DFOML application form is the same one in use for applicants for Direct ML Program for OLs. This form is intended to capture most of the information needed to process an ML, including sections for the applicant to describe farm training and experience. It also reduces and simplifies the financial statement.

Environmental information will still be handled through the county office process, involving FSA staff and NRCS staff, as applicable. This will not change from the current process followed for regular FOs.

Verification of non-farm income will only be required if that income is necessary for a feasible plan and sufficient cash flow for debt repayment. This is a change from the existing FO application process, as income is always verified as specified in § 764.51(b)(8). If it is necessary to verify debt, debts will be verified through the credit bureau reporting system.

This information will be sufficient for a loan official to determine eligibility and feasibility. The DFOML includes an abbreviated loan assessment, Farm Business Plan credit presentation, and year-end analysis, which will better parallel components of a small operation. Additionally, since these real estate loans will be $50,000 or less, the appraisal requirement may be met by an authorized agency official's evaluation that establishes the value of the real estate. An acceptable evaluation for DFOML will include an identification of the location of the property; a description of the property, including any improvements and its current and projected use; confirmation that the property was physically inspected and the date of the inspection; description of the analysis performed and supporting information used to determine the property's market value; an effective date of the evaluation and signature of the preparer.

The reduced requirements will allow loan staff to focus on paperwork that is valuable in the analysis of these smaller operations, instead of reviewing the required forms and paperwork necessary with larger, more complex real estate loans. The lower loan limit helps mitigate much of the risk inherent with less documentation and non-typical agricultural operations.

For incomplete applications, FSA will follow existing direct loan processing procedures. Following current procedures, FSA will inform the applicant, through written correspondence, of any missing items needed to complete the application prior to established regulatory deadlines.

Eligibility

Since DFOMLs are FOs, applicants will be subject to existing FO eligibility requirements. However, FSA added flexibility for YL borrowers in meeting the managerial ability requirement. Current regulations in 7 CFR 764.152(d) require that an FO applicant show the ability to manage a farm operation; the applicant must have participated in the business operations of a farm for at least 3 years out of the 10 years prior to the date the application is submitted. One of these three years can be substituted with the following experience:

• Postsecondary education in agriculture business, horticulture, animal science, agronomy, or other agricultural related fields,

• Significant business management experience, or

• Leadership or management experience while serving in any branch of the military.

As noted above, the current revisions add flexibility for farmers who have successfully repaid an FSA financed YL to use the term of that loan toward the 3 years farm management experience for a DFOML.

Except as noted in the rule, FO eligibility and feasibility criteria will remain consistent with existing programs in FLP, but the small loan amount will make the extensive paperwork requirements unnecessary. The farm operation will be required to project a positive cash flow, and servicing options will remain consistent with existing FLP options. The DFOML process will simply broaden the reach of FSA's FO Program by providing flexibility that allows FSA loan programs to be more attractive to small and beginning farmers.

This rule modifies the ML definition, in 7 CFR 761.2, to include FO uses of funds; the prior ML definition only addressed direct OLs. Additionally, this rule creates a distinction between MLs used for OL and FO purposes in areas in which the application process, eligibility, and security requirements differ.

FSA has considered several options in creating the DFOML and has weighed the underwriting risks against the opportunity to improve the FO Program. The underwriting risks will be limited due to the lower loan amounts and the smaller pool of applicants who are able to benefit from DFOML. The benefits to beginning and small farmers to apply for DFOML clearly outweigh any perceived risks or barriers.

Security Requirements

As specified in § 764.101(c) and (e), MLs are exempted from the requirements of obtaining 150 percent security and taking a lien on non-essential assets. As specified in § 764.155(b)(1), an ML made for FO purposes, may be secured only by the real estate being purchased or improved, as long as it meets the 100 percent security requirement. This is consistent with the security requirements in place for existing OL MLs.

Applicability of Other Regulatory Requirements

Other existing and applicable regulatory requirements pertaining to development of operating plans, loan processing and closing, use of loan funds, loan servicing, and environmental requirements not specifically amended by this rule will apply to MLs, like other FOs.

Miscellaneous Changes

In addition to the changes discussed above, this rule is making conforming minor changes to correct the ML limit to be consistently $50,000 and to otherwise add MLs to FOs in the regulations.

Notice and Comment

In general, the Administrative Procedure Act (5 U.S.C. 553) requires that a notice of proposed rulemaking be published in the Federal Register and interested persons be given an opportunity to participate in the rulemaking through submission of written data, views, or arguments with or without opportunity for oral presentation, except when the rule involves a matter relating to public property, loans, grants, benefits, or contracts. This rule involved matters relating to loans and is therefore being published as a final rule. Although FSA is not required to provide the opportunity for comments on this rule, we are requesting public comments for 90 days to get input on the changes.

Effective Date

The Administrative Procedure Act (5 U.S.C. 553) provides generally that before rules are issued by Government agencies, the rule is required to be published in the Federal Register, and the required publication of a substantive rule is to be not less than 30 days before its effective date. One of the exceptions is when the agency finds good cause for not delaying the effective date. Most FO loans are established at the beginning of the calendar year, therefore, implementing this rule quickly will benefit beginning and small farms starting in 2016 instead of having to wait for 2017. Using the administrative procedure provisions in 5 U.S.C. 553, FSA finds that there is good cause for making this rule effective less than 30 days after publication in the Federal Register. Therefore, this final rule is effective when published in the Federal Register.

Executive Orders 12866 and 13563

Executive Order 12866, “Regulatory Planning and Review,” and Executive Order 13563, “Improving Regulation and Regulatory Review,” direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasized the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility.

The Office of Management and Budget (OMB) designated this rule as not significant under Executive Order 12866 and, therefore, OMB has not reviewed this final rule.

Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), generally requires an agency to prepare a regulatory flexibility analysis of any rule whenever an agency is required by APA or any other law to publish a final rule, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. This rule is not subject to the Regulatory Flexibility Act because it is exempt from notice and comment rulemaking requirements of the APA and no other law requires that a proposed rule be published for this rulemaking initiative.

Environmental Review

The environmental impacts of this rule have been considered in a manner consistent with the provisions of the National Environmental Policy Act (NEPA, 42 U.S.C. 4321-4347), the regulations of the Council on Environmental Quality (40 CFR parts 1500-1508), and the FSA regulations for compliance with NEPA (7 CFR 799 and 7 CFR part 1940, subpart G). FSA concluded that simplifying the application process and adding flexibility for meeting loan eligibility requirements to encourage small farm operation participation in its FO program explained in this rule are administrative in nature and will not have a significant impact on the quality of the human environment either individually or cumulatively. The environmental responsibilities for each prospective applicant will not change from the current process followed for all FLP actions (7 CFR 1940.309). Therefore, FSA will not prepare an environmental assessment or environmental impact statement on this rule.

Executive Order 12372

Executive Order 12372, “Intergovernmental Review of Federal Programs,” requires consultation with State and local officials. The objectives of the Executive Order are to foster an intergovernmental partnership and a strengthened Federalism, by relying on State and local processes for State and local government coordination and review of proposed Federal Financial assistance and direct Federal development. For reasons set forth in the Notice to 7 CFR part 3015, subpart V (48 FR 29115, June 24, 1983), the programs and activities within this rule are excluded from the scope of Executive Order 12372.

Executive Order 12988

This rule has been reviewed in accordance with Executive Order 12988, “Civil Justice Reform.” The provisions of this rule will not have preemptive effect with respect to any State or local laws, regulations, or policies that conflict with such provision or which otherwise impede their full implementation. The rule will not have retroactive effect.

Executive Order 13132

This rule has been reviewed under Executive Order 13132, “Federalism.” The policies contained in this rule will not have any substantial direct effect on States, on the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government. Nor would this rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States is not required.

Executive Order 13175

This rule has been reviewed in accordance with the requirements of Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments.” Executive Order 13175 requires Federal agencies to consult and coordinate with tribes on a government-to-government basis on policies that have tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects 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.

FSA has assessed the impact of this rule on Indian tribes and determined that this rule does not, to our knowledge, have tribal implications that require tribal consultation under Executive Order 13175. If a Tribe requests consultation, FSA will work with the USDA Office of Tribal Relations to ensure meaningful consultation is provided where changes, additions, and modifications identified in this rule are not expressly mandated by the 2014 Farm Bill.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandate Reform Act of 1995 (UMRA, Pub. L. 104-4) requires Federal agencies to assess the effects of their regulatory actions on State, local, or Tribal governments or the private sector. Agencies generally must prepare a written statement, including a cost benefit analysis, for proposed and final rules with Federal mandates that may result in expenditures of $100 million or more in any 1 year for State, local, or Tribal governments, in the aggregate, or to the private sector. UMRA generally requires agencies to consider alternatives and adopt the more cost effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates under the regulatory provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) for State, local, or Tribal governments, or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA.

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), FSA described the Direct Farm Ownership Microloan (DFOML) information collection activities in the request for the renewal and revision of the 0260-0237, Direct Loan Making, notice published on 10/07/2015, 80 FR 60614-60615. FSA will be using the existing approval for the forms to begin the DFOML collection under the 0560-0237, Direct Loan Making. Therefore, no change to the information collection was required in this rule.

E-Government Act Compliance

FSA is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes.

Federal Assistance Programs

The title and number of the Federal assistance programs, as found in the Catalog of Federal Domestic Assistance, to which this final rule would apply is:

10.407 Farm Ownership Loans. List of Subjects 7 CFR Part 761

Accounting, Loan programs-agriculture, Rural areas.

7 CFR Part 764

Agriculture, Disaster assistance, Loan programs-agriculture, Agricultural commodities, Livestock.

For reasons discussed above, FSA amends 7 CFR chapter VII as follows:

PART 761—FARM LOAN PROGRAMS; GENERAL PROGRAM ADMINISTRATION 1. The authority citation for part 761 continues to read as follows: Authority:

5 U.S.C. 301 and 7 U.S.C. 1989.

2. Revise the definition of “Microloan” in § 761.2(b) to read as follows:
§ 761.2 Abbreviations and definitions.

(b) * * *

Microloan means a type of OL or FO of $50,000 or less made using a reduced loan application. Direct MLs are made under modified eligibility and security requirements.

PART 764—DIRECT LOAN MAKING 3. The authority citation for part 764 continues to read as follows: Authority:

5 U.S.C. 301 and 7 U.S.C. 1989.

§ 764.1 [Amended]
4. In § 764.1(b)(1), add the phrase “ML and” immediately after “including”. 5. Amend § 764.51 as follows: a. In paragraph (c) introductory text, add the words “for OL purposes” immediately after “request”; b. Redesignate paragraphs (d), (e), and (f) as paragraphs (e), (f), and (g); and c. Add a new paragraph (d).

The addition reads as follows:

§ 764.51 Introduction.

(d) For an ML request for FO purposes, all of the following criteria must be met:

(1) The loan requested is:

(i) To pay for any authorized purpose under the FO Program, which are specified in § 764.151; and

(ii) $50,000 or less and the applicant's total outstanding Agency FO debt at the time of loan closing will be $50,000 or less,

(2) The applicant must submit the following:

(i) Items specified in paragraphs (b)(1), (2), (3), (6), (7), (9), (10), and (11) of this section;

(ii) Financial and production records for the most recent production cycle, if available and practicable to project the cash flow of the operating cycle; and

(iv) Verification of all non-farm income relied upon for repayment; and

(v) Verification of applicant's farm experience;

(3) The Agency may require an ML applicant to submit any other information listed in paragraph (b) of this section upon request when necessary to make a determination on the loan application.

6. Amend § 764.101 as follows: a. In paragraph (i)(3), remove “MLs” and add the phrase “MLs, made for OL purposes,” in its place; and b. Revise paragraph (i)(4).

The revision reads as follows:

§ 764.101 General eligibility requirements.

(i) * * *

(4) Alternatives for MLs made for OL purposes. Applicants for MLs made for OL purposes, also may demonstrate managerial ability by one of the following:

7. Revise § 764.107(a) to read as follows:
§ 764.107 General appraisal requirements.

(a) Establishing value for real estate. The value of real estate will be established by an appraisal completed in accordance with § 761.7 of this chapter, except that for MLs made for FO purposes, the appraisal requirement may be satisfied by an evaluation by an authorized agency official that establishes the value of the real estate.

8. Amend § 764.152 as follows: a. Redesignate paragraph (e) as paragraph (f); and b. Add a new paragraph (e).

The addition reads as follows:

§ 764.152 Eligibility requirements.

(e) For an ML made for FO purposes, if an ML applicant has successfully repaid an FSA financed youth loan, the term of that loan may be used toward the 3 years of management experience required for a FO direct loan.

9. Amend § 764.154 as follows: a. In paragraph (b), remove the words “The Agency” and add the phrase “Except for MLs made for FO purposes, the Agency” in their place. b. Add paragraph (b)(1) and add and reserve paragraph (b)(2).

The addition reads as follows:

§ 764.154 Rates and terms.

(b) * * *

(1) For MLs made for FO purposes the Agency schedules repayment of an FO based on the applicant's ability to repay and the useful life of the security. In no event will the term be more than 25 years from the date of the note.

(2) [Reserved]

10. In § 764.155, add paragraph (b)(1) to read as follows; and add and reserve paragraph (b)(2).
§ 764.155 Security requirements.

(b) * * *

(1) An ML made for FO purposes, may be secured only by the real estate being purchased or improved, as long as its value is at least 100 percent of the loan amount.

(2) [Reserved]

11. Amend § 764.203 as follows: a. Redesignate paragraph (c) as paragraph (d); and b. Add a new paragraph (c).

The addition reads as follows:

§ 764.203 Limitation.

(c) Downpayment loans made as an ML for FO purposes may not exceed $50,000.

§ 764.251 [Amended]
12. In § 764.251(a) introductory text, add the phrase “used for OL purposes” immediately after “ML”.
§ 764.255 [Amended]
13. In § 764.255(c) introductory text, add “used for OL purposes” immediately after “MLs”.
Val Dolcini, Administrator, Farm Service Agency.
[FR Doc. 2016-01038 Filed 1-20-16; 8:45 am] BILLING CODE 3410-05-P
DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 922 [Doc. No. AMS-FV-15-0033; FV15-922-1 FIR] Apricots Grown in Designated Counties in Washington; Decreased Assessment Rate AGENCY:

Agricultural Marketing Service, USDA.

ACTION:

Affirmation of interim rule as final rule.

SUMMARY:

The Department of Agriculture is adopting, as a final rule, without change, an interim rule that implemented a recommendation from the Washington Apricot Marketing Committee (Committee) to decrease the assessment rate from $1.50 to $0.75 per ton of Washington apricots handled for the 2015-2016 and subsequent fiscal periods. The Committee locally administers the marketing order and is comprised of apricot producers and handlers operating within designated counties in Washington. The interim rule was necessary to allow the Committee to reduce its financial reserve while still providing adequate funding to meet program expenses.

DATES:

Effective January 22, 2016.

FOR FURTHER INFORMATION CONTACT:

Teresa Hutchinson, Marketing Specialist, or Gary Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (503) 326-2724; Fax: (503) 326-7440; or Email: [email protected] or [email protected]

Small businesses may obtain information on complying with this and other marketing order regulations by viewing a guide at the following Web site: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide; or by contacting Antoinette Carter, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491; Fax: (202) 720-8938; or Email: [email protected]

SUPPLEMENTARY INFORMATION:

This rule is issued under Marketing Agreement No. 132 and Order No. 922, as amended (7 CFR 922), regulating the handling of apricots grown in designated counties in Washington, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.”

The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175.

Under the order, Washington apricot handlers are subject to assessments, which provide funds to administer the order. Assessment rates issued under the order are intended to be applicable to all assessable Washington apricots for the entire fiscal period, and continue indefinitely until amended, suspended, or terminated. The Committee's fiscal period begins on April 1 and ends on March 31.

In an interim rule published in the Federal Register on August 19, 2015, and effective on August 20, 2015, (80 FR 50189, Doc. No. AMS-FV-15-0033, FV15-922-1 IR), § 922.235 was amended by decreasing the assessment rate for the 2015-2016 and subsequent fiscal periods from $1.50 to $0.75 per ton. The decrease in the per ton assessment rate allows the Committee to reduce its financial reserve while still providing adequate funding to meet program expenses.

Final Regulatory Flexibility Analysis

Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) has considered the economic impact of this rule on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis.

The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf.

There are approximately 100 apricot producers in the production area and approximately 17 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration as those having annual receipts of less than $750,000, and small agricultural service firms are defined as those having annual receipts of less than $7,000,000 (13 CFR 121.201).

The National Agricultural Statistics Service reported that, in 2014, the Washington apricot total utilization of 8,500 tons (including both fresh and processed markets) sold for an average of $1,080 per ton. Consequently, the total farm-gate value in 2014 was approximately $9,180,000. Based on the number of producers in the production area (100), the 2014 average revenue from the sale of apricots is estimated at approximately $91,800 per producer. In addition, based on information from the USDA's Market News Service, 2014 f.o.b. prices for WA No. 1 apricots ranged from $20.00 to $26.00 per 24-pound loose-pack container, and from $22.00 to $30.00 for 2-layer tray-pack containers. Using average price and shipment information provided by the Committee, it is determined that each of the Washington apricot handlers currently ship less than $7,000,000 worth of apricots on an annual basis. In view of the foregoing, it can be concluded that the majority of Washington apricots producers and handlers may be classified as small entities.

This rule continues in effect the action that decreased the assessment rate collected from handlers for the 2015-2016 and subsequent fiscal periods from $1.50 to $0.75 per ton of apricots handled. The Committee also unanimously recommended 2015-2016 fiscal period expenditures of $7,610. With a 2015 Washington apricot crop estimate of 5,800 fresh market tons, the Committee anticipates assessment income of approximately $4,350. Income derived from handler assessments, along with funds from the Committee's monetary reserve, will be adequate to cover budgeted expenses for the 2015-2016 fiscal period. This action will allow the Committee to reduce its financial reserve while still providing adequate funding to meet program expenses.

This rule continues in effect the action that decreased the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers. However, decreasing the assessment rate reduces the burden on handlers, and may reduce the burden on producers.

In addition, the Committee's meeting was widely publicized throughout the Washington apricot industry, and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the May 12, 2015, meeting was a public meeting, and all entities, both large and small, were able to express views on this issue.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581-0189. No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval.

This action imposes no additional reporting or recordkeeping requirements on either small or large Washington apricot handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies.

USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule.

Comments on the interim rule were required to be received on or before October 19, 2015. No comments were received. Therefore, for reasons given in the interim rule, we are adopting the interim rule as a final rule, without change.

To view the interim rule, go to: http://www.regulations.gov/#!documentDetail;D=AMS-FV-15-0033-0001.

This action also affirms information contained in the interim rule concerning Executive Orders 12866, 12988, 13175, and 13563; the Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 U.S.C. 101).

After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the Federal Register (80 FR 50189, August 19, 2015) will tend to effectuate the declared policy of the Act.

List of Subjects in 7 CFR Part 922

Apricots, Marketing agreements, Reporting and recordkeeping requirements.

Accordingly, the interim rule amending 7 CFR part 922, which was published at 80 FR 50189 on August 19, 2015, is adopted as a final rule without change.

Dated: January 15, 2016. Erin Morris, Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2016-01137 Filed 1-20-16; 8:45 am] BILLING CODE 3410-02-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-8433; Directorate Identifier 2015-NM-194-AD; Amendment 39-18366; AD 2016-01-07] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

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

ACTION:

Final rule; request for comments.

SUMMARY:

We are adopting a new airworthiness directive (AD) for all Airbus Model A319-113 and A319-114 airplanes; and Model A320-211 and A320-212 airplanes. This AD requires identifying affected engines, and doing a torque check of the forward engine bolts on affected engines. This AD would also require, for any bolt rotation that is found, torqueing the bolt and eventually replacing the forward engine mount bolts, nuts, and washers, doing a fluorescent penetrant inspection and dimensional check of the affected bolt holes for local deformation and cracks, and doing corrective actions if necessary. This AD was prompted by an incorrect torque unit for the CFM56-5A engine forward mount fasteners that was inadvertently introduced into a certain Airbus airplane maintenance manual. We are issuing this AD to prevent loose bolts, which, if combined with induced maintenance damage, could lead to forward engine mount failure. An engine mount failure can result in an engine detachment and consequent reduced control of the airplane, damage to the airplane, and injury to persons on the ground.

DATES:

This AD becomes effective February 5, 2016.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of February 5, 2016.

We must receive comments on this AD by March 7, 2016.

ADDRESSES:

You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:

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

Fax: 202-493-2251.

Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this AD, contact Airbus, Airworthiness Office—EAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-8433.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-8433; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION: Discussion

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2015-0229, dated November 27, 2015, (referred to after this as “the MCAI”), to correct an unsafe condition for all Airbus Model A319-113 and A319-114 airplanes; and Model A320-211 and A320-212 airplanes. The MCAI states:

A review of the maintenance instructions revealed that an incorrect torque value with wrong unit for the four forward engine mount pylon bolts was included in task 71-00-00-400-040-A01, “Installation of the power plant with Engine Positioner TWW75E”, of the A320 family (CFMI) [CFM International] Aircraft Maintenance Manual (AMM), revision dated May 2013. It was determined that this AMM inconsistent torque unit affected the A319/A320 airplane equipped with CFM56-5A engines only.

Subsequently, AMM task 71-00-00-400-040-A01 was corrected to include the correct values in the August 2015 revision. During the period between these two AMM revisions, incorrect torque values may have been applied.

This condition, if not corrected, and if combined with induced maintenance damage, could lead to forward engine mount failure, possibly resulting in engine detachment and consequent reduced control of the airplane, damage to the airplane and/or injury to persons on the ground.

To address this potential unsafe condition, Airbus issued Alert Operators Transmission (AOT) A71N010-15 * * *, to provide instructions to check the torque values of the forward engine mount bolts.

For the reasons described above, this [EASA] AD requires identification of CFM56-5A engines that were installed by using the incorrect torque data, verifying the proper torque value of the all four forward engine mount pylon bolts and, depending on findings, accomplishment of corrective action(s) [i.e., tightening the under-torqued bolts and replacement of bolts at the next engine change. The replacement includes a fluorescent penetrant inspection and dimensional check of the pylon bolt holes of the affected forward engine mount platform for local deformation and cracks and corrective actions, i.e., replacing the forward platform].

You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-8433.

Related Service Information Under 1 CFR Part 51

Airbus has issued Alert Operators Transmission (AOT) A71N010-15, dated September 30, 2015. The service information describes procedures for checking the current torque value for the forward engine bolts; torqueing the bolt; replacing the forward engine mount bolts, nuts, and washers; doing a fluorescent penetrant inspection and dimensional check of the pylon bolt holes of the affected forward engine mount platform for local deformation and cracks; and doing corrective actions. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This AD

This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of these same type designs.

FAA's Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of this AD. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because this condition, if not corrected, and if combined with induced maintenance damage, could lead to forward engine mount failure. A failed engine mount can result in engine detachment and consequent reduced control of the airplane, damage to the airplane, and injury to persons on the ground. Therefore, we determined that notice and opportunity for public comment before issuing this AD are impracticable and that good cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2015-8433; Directorate Identifier 2015-NM-194-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD based on those comments.

We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.

Costs of Compliance

We estimate that this AD affects 126 airplanes of U.S. registry.

We also estimate that it will take about 5 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $53,550, or $425 per product.

In addition, we estimate that any necessary follow-on actions will take about 1 work-hour for a cost of $85 per product. We have no definitive costs for the engine mounting bolts, nuts, and washers, and no way of determining the number of aircraft that might need this action.

Authority for This Rulemaking

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

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

Regulatory Findings

We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

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

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

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

3. Will not affect intrastate aviation in Alaska; and

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2016-01-07 Airbus: Amendment 39-18366. Docket No. FAA-2015-8433; Directorate Identifier 2015-NM-194-AD. (a) Effective Date

This AD becomes effective February 5, 2016.

(b) Affected ADs

None.

(c) Applicability

This AD applies to the airplanes identified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category.

(1) Airbus Model A319-113 and A319-114 airplanes, all manufacturer serial numbers.

(2) Airbus Model A320-211 and A320-212 airplanes, all manufacturer serial numbers.

(d) Subject

Air Transport Association (ATA) of America Code 71, Power Plant.

(e) Reason

This AD was prompted by an incorrect torque unit for the CFM56-5A engine forward mount fasteners that was inadvertently introduced into a certain Airbus airplane maintenance manual. We are issuing this AD to prevent loose bolts, which if combined with induced maintenance damage, could lead to forward engine mount failure. An engine mount failure can result in an engine detachment and consequent reduced control of the airplane, damage to the airplane, and injury to persons on the ground.

(f) Compliance

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

(g) Identification of Affected Engines and Torque Check

Within 2 months after the effective date of this AD, accomplish the actions required by paragraphs (g)(1) and (g)(2) of this AD, as applicable.

(1) Identify each CFM56-5A engine that has been installed on the airplane as specified in A318/A319/A320/A321 Airplane Maintenance Manual (AMM) Task 71-00-00-400-040-A01, “Installation of the Power Plant with Engine Positioner TWW-75E,” of an AMM having a revision date between May 2013 and July 2015 (inclusive). A review of airplane maintenance records is acceptable in lieu of this determination if the date of the AMM revision used for the engine installation can be conclusively determined from that review.

(2) For each engine installation determined to be affected as required by paragraph (g)(1) of this AD, check the torque values applied on the forward engine mount bolts, in accordance with the instructions of paragraph 4.2.2 of Airbus Alert Operators Transmission (AOT) A71N010-15, dated September 30, 2015.

(h) On-Condition Actions

If, during the torque check required by paragraph (g)(2) of this AD, any bolt rotation is detected, accomplish the actions required by paragraphs (h)(1) and (h)(2) of this AD.

(1) Before further flight, torque the affected bolt, in accordance with the instructions of paragraph 4.2.3.1 of Airbus AOT A71N010-15, dated September 30, 2015.

(2) During the next engine removal, replace the forward engine mount bolts, nuts, and washers; accomplish a fluorescent penetrant inspection and dimensional check of the pylon bolt holes of the affected forward engine mount platform for local deformation and cracks; and do all applicable corrective actions; in accordance with the instructions of paragraph 4.2.3.2 of Airbus AOT A71N010-15, dated September 30, 2015. Do all applicable corrective actions before further flight.

(i) Parts Installation Limitation

As of the effective date of this AD, installation of a CFM56-5A engine on an airplane is permitted, provided that the installation is accomplished using the torque values for forward engine mount bolts specified in paragraph 4.2.3.1 of Airbus AOT A71N010-15, dated September 30, 2015.

Note 1 to paragraph (i) of this AD:

Additional guidance for the re-torque can be found in Airbus A318/A319/A320/A321 AMM, Task 71-00-00-400-040-A01, “Installation of the Power Plant with Engine Positioner TWW 75E,” dated August 2015.

(j) Special Flight Permits

Special flight permits, as described in Section 21.197 and Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199), are not allowed.

(k) Other FAA AD Provisions

The following provisions also apply to this AD:

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

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

(l) Related Information

Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2015-0229, dated November 27, 2015, for related information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-8433.

(m) Material Incorporated by Reference

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

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

(i) Airbus Alert Operators Transmission (AOT) A71N010-15, dated September 30, 2015.

(ii) Reserved.

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

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

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

Issued in Renton, Washington, on December 28, 2015. Phil Forde, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-01110 Filed 1-20-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-1987; Directorate Identifier 2014-NM-240-AD; Amendment 39-18377; AD 2016-01-17] RIN 2120-AA64 Airworthiness Directives; Bombardier, Inc. Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes. This AD was prompted by reports of cracked forward door members of the inboard main landing gear (MLG) doors. This AD requires repetitive inspections of the inboard MLG doors, repairs if necessary, and replacement of the inboard MLG doors. This AD also provides optional terminating action for the door replacement. We are issuing this AD to prevent loss of an MLG door during flight, which could result in damage to the airplane.

DATES:

This AD becomes effective February 25, 2016.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of February 25, 2016.

ADDRESSES:

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-1987; or in person at the Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

For service information identified in this AD, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; email [email protected]; Internet http://www.bombardier.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-1987.

FOR FURTHER INFORMATION CONTACT:

Aziz Ahmed, Aerospace Engineer, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone 516-228-7329; fax 516-794-5531.

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes. The NPRM published in the Federal Register on June 30, 2015 (80 FR 37200). The NPRM was prompted by reports of cracked forward door members of the inboard MLG doors. The NPRM proposed to require repetitive inspections of the inboard MLG doors, repairs if necessary, and replacement of the inboard MLG doors. The NPRM also proposed optional terminating action for the door replacement. We are issuing this AD to prevent loss of an MLG door during flight, which could result in damage to the airplane.

Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF-2014-42, dated December 12, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes. The MCAI states:

Cases of inboard MLG doors with cracked door forward members were found. A cracked inboard MLG door forward member could result in door departure from the aeroplane. Loss of an MLG door during flight could result in damage to the aeroplane and injury to persons on the ground.

This [Canadian] AD mandates the repetitive inspection [and corrective actions if necessary] and replacement of the inboard MLG doors.

The repetitive inspection is a detailed inspection for damage (including deformation, pulled or missing fasteners on the inner skins and outer skin, and cracks) on the inner skins, outer skin, and the forward member of the inboard MLG doors. Corrective actions include repairing, removing, or replacing the inboard MLG door.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-1987-0002.

Comments

We gave the public the opportunity to participate in developing this AD. The following presents the comment received on the NPRM (80 FR 37200, June 30, 2015) and the FAA's response to the comment.

Request To Revise Repair Instructions

Envoy Airlines requested that we revise the wording in paragraph (i)(1)(ii)(A) of the proposed AD (80 FR 37200, June 30, 2015) to clarify that removal of the MLG door is not required in all repair situations. Envoy Airlines stated that Bombardier Service Bulletin 670BA-32-042, Revision A, dated July 2, 2014, including Appendixes A and B, both dated November 5, 2013, specifies that repairs can be accomplished with the door installed in some situations. Envoy Airlines suggested that the text “Repair and reinstall the door” in paragraph (i)(1)(ii)(A) of the proposed AD be reworded to specify “repair the door.”

We agree with the commenter's request to revise the repair instructions. We have revised paragraph (i)(1)(ii)(A) of this AD by removing the instructions to reinstall the door.

Clarification of Actions

We have clarified the inspection area in paragraph (g) of this AD by specifying to inspect for damage on the inner skins, outer skin, and the forward member of the inboard MLG doors.

Paragraph (i)(1)(ii)(A) of the proposed AD (80 FR 37200, June 30, 2015) specifies to do a repair “if repair of the inboard MLG is possible.” We have revised paragraph (i)(1)(ii)(A) of this AD to clarify the repair is done if it is possible to repair the inboard MLG door in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-042, Revision A, dated July 2, 2014, including Appendixes A and B, both dated November 5, 2013.

We have also revised paragraph (i)(1)(i) of this AD to specify that clarify that removed damaged doors cannot be reinstalled, unless the door is repaired prior to reinstallation and the actions specified in paragraph (l) of this AD are done.

We have also clarified the actions required by paragraphs (i)(1)(iii), (i)(2), (k)(1), and (k)(2)(i) of this AD by specifying that where Bombardier Service Bulletin 670BA-32-043, Revision A, dated November 13, 2014, specifies to contact the manufacturer for certain instructions, this AD requires accomplishing those actions using a method approved by the Manager, New York ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO.

We have also revised paragraph (m) of this AD to refer to the latest revision of Bombardier Service Bulletin 670BA-32-043, dated July 2, 2014. The “Pre SB Part Number” column of Section M, Relationship Chart, of Bombardier Service Bulletin 670BA-32-043, Revision A, dated November 13, 2014, is the same as that in Bombardier Service Bulletin 670BA-32-043, dated July 2, 2014.

Conclusion

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

• Are consistent with the intent that was proposed in the NPRM (80 FR 37200, June 30, 2015) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (80 FR 37200, June 30, 2015).

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

Related Service Information Under 1 CFR Part 51

Bombardier has issued the following service information.

• Bombardier Modification Summary Package IS670528200033, Revision A-2, dated October 11, 2005. This service information describes procedures for enlarging the forward and aft hinge cutouts of the MLG inboard and outboard doors.

• Bombardier Service Bulletin 670BA-32-040, Revision D, dated July 2, 2014, including Appendix A, Revision A, dated July 2, 2014, and Appendix B, Revision B, dated July 2, 2014. This service information describes procedures for increasing the clearances between the MLG fairing and the MLG doors.

• Bombardier Service Bulletin 670BA-32-040, Revision E, dated November 13, 2014, including Appendix A, Revision A, dated July 2, 2014, and Appendix B, Revision B, dated July 2, 2014. This service information describes procedures for increasing the clearances between the MLG fairing and the MLG doors, and for enlarging the forward and aft hinge cutouts of the MLG inboard and outboard doors.

• Bombardier Service Bulletin 670BA-32-042, Revision A, dated July 2, 2014, including Appendixes A and B, both dated November 5, 2013. This service information describes procedures for inspecting and repairing the inboard MLG door inner skins, outer skin, and the forward member.

• Bombardier Service Bulletin 670BA-32-043, dated July 2, 2014; and Bombardier Service Bulletin 670BA-32-043, Revision A, dated November 13, 2014. This service information describes procedures for replacing the inboard MLG doors.

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

Costs of Compliance

We estimate that this AD affects 269 airplanes of U.S. registry.

We estimate that it will take about 16 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work hour. Required parts will cost about $31,000 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $8,704,840, or $32,360 per product.

In addition, we estimate that any necessary follow-on actions will take up to 44 work-hours and require parts costing up to $31,000, for a cost of up to $34,740 per product. We have no way of determining the number of aircraft that might need these actions.

Authority for This Rulemaking

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

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

Regulatory Findings

We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

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

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

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

3. Will not affect intrastate aviation in Alaska; and

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

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-1987; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2016-01-17 Bombardier, Inc.: Amendment 39-18377; Docket No. FAA-2015-1987; Directorate Identifier 2014-NM-240-AD. (a) Effective Date

This AD becomes effective February 25, 2016.

(b) Affected ADs

None.

(c) Applicability

This AD applies to Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, & 702) airplanes, certificated in any category, serial numbers 10002 and subsequent, as identified in Bombardier Service Bulletin 670BA-32-042, Revision A, dated July 2, 2014, including Appendixes A and B, both dated November 5, 2013.

(d) Subject

Air Transport Association (ATA) of America Code 32, Landing Gear.

(e) Reason

This AD was prompted by reports of cracked forward door members of the inboard main landing gear (MLG) doors. We are issuing this AD to prevent loss of an MLG door during flight, which could result in damage to the airplane.

(f) Compliance

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

(g) Repetitive Inspections

Within 660 flight hours or 12 months after the effective date of this AD, whichever occurs first: Do a detailed inspection for damage (including deformation, pulled or missing fasteners on the inner skins and outer skin, and cracks) on the inner skins, outer skin, and the forward member of the inboard MLG doors, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-042, Revision A, dated July 2, 2014, including Appendixes A and B, both dated November 5, 2013. Repeat the inspection thereafter at intervals not to exceed 660 flight hours or 12 months, whichever occurs first.

(h) Detailed Inspection Definition

For the purposes of this AD, a detailed inspection is an intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.

(i) Corrective Actions

(1) If any damage is found on any inner skin or outer skin of the inboard MLG door during any inspection required by paragraph (g) of this AD: Before further flight, do the actions specified in paragraph (i)(1)(i), (i)(1)(ii), or (i)(1)(iii) of this AD.

(i) Remove the damaged inboard MLG door, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-042, Revision A, dated July 2, 2014, including Appendixes A and B, both dated November 5, 2013. A damaged inboard MLG door cannot be reinstalled, unless the repair specified in paragraph (i)(1)(ii) of this AD is done prior to reinstallation and the actions specified in paragraph (l) of this AD are done at the times specified in paragraph (l) of this AD.

(ii) Repair the door as specified in paragraph (i)(1)(ii)(A) or (i)(1)(ii)(B) of this AD, as applicable.

(A) If it is possible to repair the inboard MLG door in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-042, Revision A, dated July 2, 2014, including Appendixes A and B, both dated November 5, 2013: Repair the door, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-042, Revision A, dated July 2, 2014, including Appendixes A and B, both dated November 5, 2013.

(B) If it is not possible to repair the inboard MLG door in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-042, Revision A, dated July 2, 2014, including Appendixes A and B, both dated November 5, 2013: Repair using a method approved by the Manager, New York Aircraft Certification Office (ACO), ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval Organization (DAO).

(iii) Replace the inboard MLG door, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-043, Revision A, dated November 13, 2014, except, where Bombardier Service Bulletin 670BA-32-043, Revision A, dated November 13, 2014, specifies to contact the manufacturer for certain instructions, this AD requires accomplishing those actions using a method approved by the Manager, New York ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO.

(2) If any damage is found on the forward member of the inboard MLG door during any inspection required by paragraph (g) of this AD: Before further flight, replace the inboard MLG door, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-043, Revision A, dated November 13, 2014, except, where Bombardier Service Bulletin 670BA-32-043, Revision A, dated November 13, 2014, specifies to contact the manufacturer for certain instructions, this AD requires accomplishing those actions using a method approved by the Manager, New York ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO.

(j) Terminating Action

Within 6,600 flight hours or 36 months after the effective date of this AD, whichever occurs first, except as provided by paragraph (l) of this AD: Replace the inboard MLG doors, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-043, Revision A, dated November 13, 2014; except, where Bombardier Service Bulletin 670BA-32-043, Revision A, dated November 13, 2014, specifies to contact the manufacturer for certain instructions, this AD requires accomplishing those actions using a method approved by the Manager, New York ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO.

(1) Doing the MLG door replacement required by the introductory text of paragraph (j) of this AD terminates the inspections required by paragraph (g) of this AD for that MLG door.

(2) Doing the MLG door replacement required by the introductory text of paragraph (j) of this AD does not terminate the actions required by AD 2010-23-19, Amendment 39-16508 (75 FR 68695, November 9, 2010).

(k) Optional Actions for Compliance With Paragraph (j) of This AD

Doing any of the actions specified in paragraph (k)(1), (k)(2), (k)(3), or (k)(4) of this AD is acceptable for compliance with the requirements of paragraph (j) of this AD.

(1) Replacement of the inboard MLG door, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-043, Revision A, dated November 13, 2014, except, where Bombardier Service Bulletin 670BA-32-043, Revision A, dated November 13, 2014, specifies to contact the manufacturer for certain instructions, this AD requires accomplishing those actions using a method approved by the Manager, New York ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO; and enlargement of the forward and aft hinge cutouts, in accordance with the procedures specified in Bombardier Modification Summary Package IS670528200033, Revision A-2, dated October 11, 2005.

(2) Installation of an inboard MLG door assembly with a part number listed in the “Post SB Part Number” column of Section M, Relationship Chart, of Bombardier Service Bulletin 670BA-32-043, dated July 2, 2014, in accordance with a method specified in paragraph (k)(2)(i) or (k)(2)(ii) of this AD.

(i) Do the installation in accordance with the Accomplishment instructions of Bombardier Service Bulletin 670BA-32-043, dated July 2, 2014; or Bombardier Service Bulletin 670BA-32-043, Revision A dated November 13, 2014; except, where Bombardier Service Bulletin 670BA-32-043, Revision A, dated November 13, 2014, specifies to contact the manufacturer for certain instructions, this AD requires accomplishing those actions using a method approved by the Manager, New York ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO.

(ii) Do the installation using a method approved by the Manager, New York ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO.

(3) Doing the actions specified in “PART C—Installation of the Inboard MLG Door Part Number CC670-10520-15 and Increase of the Clearance Between the Left MLG Inboard-Door and the MLG Fairing” and “PART D—Installation of the Inboard MLG Door Part Number CC670-10520-16 and Increase of the Clearance Between the Right MLG Inboard-Door and the MLG Fairing” of the Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-040, Revision E, dated November 13, 2014, including Appendix A, Revision A, dated July 2, 2014, and Appendix B, Revision B, dated July 2, 2014.

(4) Doing the actions specified in paragraphs (k)(4)(i) and (k)(4)(ii) of this AD.

(i) Doing the actions specified in “PART C—Installation of the Inboard MLG Door Part Number CC670-10520-15 and Increase of the Clearance Between the Left MLG Inboard-Door and the MLG Fairing” and “PART D—Installation of the Inboard MLG Door Part Number CC670-10520-16 and Increase of the Clearance Between the Right MLG Inboard-Door and the MLG Fairing” of the Accomplishment Instructions of Bombardier Service Bulletin 670BA-32-040, Revision D, dated July 2, 2014, including Appendix A, Revision A, dated July 2, 2014, and Appendix B, Revision B, dated July 2, 2014.

(ii) Enlargement of the forward and aft hinge cutouts specified in Bombardier Modification Summary Package IS670528200033, Revision A-2, dated October 11, 2005.

(l) Optional Delay of MLG Door Replacement

If an MLG door is removed, the replacement required by paragraph (j) of this AD can be delayed until the MLG door is reinstalled. When the removed MLG door is reinstalled, the actions required by paragraph (j) of this AD must be done at the time specified in paragraph (j) of this AD.

(m) Parts Installation Prohibition

Upon completion of the actions specified in paragraph (j) or (k) of this AD, no person may install an inboard MLG door assembly with a part number listed in the “Pre SB Part Number” column of Section M, Relationship Chart, of Bombardier Service Bulletin 670BA-32-043, Revision A, dated November 13, 2014; on any airplane.

(n) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO, ANE-170, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the ACO, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

(2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, New York ACO, ANE-170, FAA; or TCCA; or Bombardier, Inc.'s TCCA DAO. If approved by the DAO, the approval must include the DAO authorized signature.

(o) Special Flight Permits

Special flight permits, as described in Section 21.197 and Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199), are not allowed.

(p) Related Information

Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF-2014-42, dated December 12, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-1987-0002.

(q) Material Incorporated by Reference

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

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

(i) Bombardier Modification Summary Package IS670528200033, Revision A-2, dated October 11, 2005.

(ii) Bombardier Service Bulletin 670BA-32-040, Revision D, dated July 2, 2014, including Appendix A, Revision A, dated July 2, 2014, and Appendix B, Revision B, dated July 2, 2014.

(iii) Bombardier Service Bulletin 670BA-32-040, Revision E, dated November 13, 2014, including Appendix A, Revision A, dated July 2, 2014, and Appendix B, Revision B, dated July 2, 2014.

(iv) Bombardier Service Bulletin 670BA-32-042, Revision A, dated July 2, 2014, including Appendixes A and B, both dated November 5, 2013.

(v) Bombardier Service Bulletin 670BA-32-043, dated July 2, 2014.

(vi) Bombardier Service Bulletin 670BA-32-043, Revision A, dated November 13, 2014.

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

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

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

Issued in Renton, Washington, on January 6, 2016. Victor Wicklund, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-00630 Filed 1-20-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-1045; Directorate Identifier 2014-NM-031-AD; Amendment 39-18372; AD 2016-01-13] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for all Airbus Model A310 and Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes; and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes). This AD was prompted by a report of skin disbonding and damage found on the composite side panel of the rudder, located between the rudder core and skin of a previously repaired area. This AD requires an inspection for disbonding or damage of certain rudders, and related investigative actions and corrective actions if necessary. We are issuing this AD to detect and correct disbonding and damage of the rudder, which could result in reduced structural integrity of the rudder and consequent reduced controllability of the airplane.

DATES:

This AD is effective February 25, 2016.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of February 25, 2016.

ADDRESSES:

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-1045; or in person at the Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

For service information identified in this final rule, contact Airbus SAS, Airworthiness Office—EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-1045.

FOR FURTHER INFORMATION CONTACT:

Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-2125; fax 425-227-1149.

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Airbus Model A310 and Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes) series airplanes. The NPRM published in the Federal Register on January 23, 2015 (80 FR 3525).

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014-0026, dated January 28, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Airbus Model A310 and Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes; and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes). The MCAI states:

A case of skin disbonding was reported on a composite side of a rudder installed on an A310 aeroplane.

The investigation results revealed that this disbonding started from a skin panel area previously repaired in-service in accordance with the Structural Repair Manual (SRM).

The initial damage has been identified as a disbonding between the core and the repaired area. This damage may not be visually detectable and likely propagates during normal operation due to the variation of pressure during ground-air-ground cycles.

This condition, if not detected and corrected, could affect the structural integrity of the rudder, possibly resulting in reduced control of the aeroplane.

For the reasons described above, this [EASA] AD requires a one-time thermography inspection of each repaired rudder or rudder whose maintenance records are incomplete and, depending on findings, accomplishment of applicable corrective and follow-up actions.

Related investigative actions include doing a pulse thermography inspection for disbonding or damage of the left- and right-hand rudder side shells; a core ventilation through the inner skin, an elasticity laminate checker or ultrasonic inspection around the identified repairs in the booster area, and around identified fluid ingress; and a Tap test inspection of the glass fiber reinforced plastic area to identify skin-to-core disbonding and on identified repairs. Corrective actions include repairing or replacing any disbonded or damaged rudder.

Depending on configuration and inspection results, the repetitive inspection intervals are 750 or 1,000 flight cycles, or 500 flight hours or 4 months, whichever occurs later.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-1045-0002.

Comments

We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM (80 FR 3525, January 23, 2015) and the FAA's response to each comment.

No Justification for Issuing NPRM (80 FR 3525, January 23, 2015)

FedEx stated that Airbus has not provided any data or analysis showing the de-validated SRM procedures in the proposed AD (80 FR 3525, January 23, 2015) as inadequate. FedEx noted that one finding on a Model A310 airplane with skin disbonding and damage found on the composite side panel of the rudder caused the de-validation of all Model A300 and A310 airplanes with rudder side shell repairs, and mandatory inspections of all rudders repaired using the structural repair manual (SRM). FedEx added that a heavy burden is being placed on operators with very little justification from the manufacturer. FedEx stated that Airbus has not provided new validated SRM procedures, yet FedEx is being required to inspect all rudders without having any available, developed repairs; instead repairs would need to be done using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA). FedEx does not agree with the de-validation of the SRM procedures and mandating inspections of the entire fleet of airplanes, based on one finding.

We infer that the commenter is asking for justification to support issuing this final rule. We acknowledge the commenter's concerns. However, the safety risk of undetected rudder skin disbonding that may not be detectable visually and could propagate during normal operation due to the variation of aerodynamic pressure during ground-air-ground cycles is sufficient to require the proposed actions. We also acknowledge that Airbus does not have new SRM procedures available, partially due to the unknown size and location of previously accomplished SRM repairs and the type of skin disbonding that may be identified that will result in each repair needing to be evaluated individually. Therefore, we have determined that inspections are necessary if an applicable SRM repair has been done, or if maintenance records are not available or are incomplete. The service information provides procedures for the detailed inspections; therefore, using a method approved by the FAA, EASA, or Airbus's EASA DOA is necessary only for repairs. We have determined it is necessary to proceed with issuing this final rule as proposed.

Request To Allow Using Future Revisions of the SRM for Rudder Repairs

FedEx asked that paragraph (i) of the proposed AD (80 FR 3525, January 23, 2015) be revised to allow a composite side shell panel repair on any rudder using future revisions of the SRM procedure identified in Figure A-GBBAA (Sheet 01 and 02) or Figure A-GBCAA (Sheet 02) of Airbus Service Bulletin A310-55-2051; or Figure A-GBBAA (Sheet 01, 02, or 03) or Figure A-GBCAA (Sheet 02 or 04) of Airbus Service Bulletin A300-55-6050. FedEx stated that when Airbus revalidates the SRM procedures, FedEx won't be able to use those procedures for the repair because it is not allowed per paragraph (i) of the proposed AD.

We do not agree with the request. Although we understand the FedEx concerns, allowing the use of later revisions of service documents in an AD is not allowed by the Office of the Federal Register's regulations. However, after the manufacturer validates a later revision of the SRM procedures that provides an acceptable level of safety we can evaluate the later revision of the SRM as an alternative method of compliance, in accordance with the procedures specified in paragraph (m)(1) of this AD. Paragraph (i) of this AD only prohibits the use of specific SRM procedures identified in that paragraph. We have not changed this AD in this regard.

Conclusion

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

• Are consistent with the intent that was proposed in the NPRM (80 FR 3525, January 23, 2015) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (80 FR 3525, January 23, 2015).

Related Service Information Under 1 CFR Part 51

Airbus has issued Service Bulletins A300-55-2051 and A310-55-6050, both Revision 01, both dated August 20, 2014. The service information describes procedures for inspecting the left- and right-hand rudder side shells for disbonding or damage, and related investigative actions and corrective actions if necessary. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

We estimate that this AD affects 199 airplanes of U.S. registry.

We also estimate that it will take about 4 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $0 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $67,660, or $340 per product.

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

Authority for This Rulemaking

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

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

Regulatory Findings

This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

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

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

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

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

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

Examining the AD Docket

You may examine the AD docket on the Internet at: http://www.regulations.gov/#!docketDetail;D=FAA-2014-1045; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2016-01-13 Airbus: Amendment 39-18372; Docket No. FAA-2014-1045; Directorate Identifier 2014-NM-031-AD. (a) Effective Date

This AD is effective February 25, 2016.

(b) Affected ADs

None.

(c) Applicability

This AD applies to all Airbus Model A310-203, -204, -221, -222, -304, -322, -324, and -325 airplanes; Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes; Model A300 B4-605R and B4-622R airplanes; and Model A300 F4-605R, F4-622R, and A300 C4-605R Variant F airplanes; certificated in any category.

(d) Subject

Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Reason

This AD was prompted by a report of skin disbonding and damage found on the composite side panel of the rudder, located between the rudder core and skin of a previously repaired area. We are issuing this AD to detect and correct disbonding and damage of the rudder, which could result in reduced structural integrity of the rudder, and consequent reduced controllability of the airplane.

(f) Compliance

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

(g) Rudder Assembly Identification

Within 4 months after the effective date of this AD: Check the applicable rudder maintenance records to determine if any composite side shell panel repair has been done since first installation of the rudder, and do the applicable actions specified in paragraph (g)(1) or (g)(2) of this AD at the time specified in paragraph 1.E., “Compliance,” of Airbus Service Bulletin A300-55-6050, or A310-55-2051, both Revision 01, both dated August 20, 2014; as applicable, except as provided by paragraph (j)(3) of this AD.

(1) If a repair is identified based on the maintenance records: Perform a rudder thermography inspection of the repaired area only for disbonding or damage, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-55-6050, or A310-55-2051, both Revision 01, both dated August 20, 2014; as applicable.

(2) If the rudder maintenance records are unavailable or incomplete: Perform a rudder thermography inspection of the complete side shell panels to identify and mark the repair locations for disbonding or damage, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-55-6050, or A310-55-2051, both Revision 01, both dated August 20, 2014; as applicable.

(h) Related Investigative Actions/Repair or Replace

If any disbonding or damage is found during any inspection required by paragraph (g)(1) or (g)(2) of this AD: Do the actions required by paragraphs (h)(1) and (h)(2) of this AD, as applicable.

(1) At the time specified in paragraph 1.E., “Compliance,” of Airbus Service Bulletin A300-55-6050, or A310-55-2051, both Revision 01, both dated August 20, 2014; as applicable, except as required by paragraph (j)(1) of this AD; do the applicable related investigative actions identified in Tables 3, 4A, 4B, 4C, 4D, and 5 of paragraph 1.E., “Compliance,” of Airbus Service Bulletin A300-55-6050, or A310-55-2051, both Revision 01, both dated August 20, 2014; as applicable, to determine the type and extent of the disbonding or damage, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-55-6050, or A310-55-2051, both Revision 01, both dated August 20, 2014; as applicable. Repeat the applicable inspection at the time specified in paragraph 1.E., “Compliance” of Airbus Service Bulletin A300-55-6050, or A310-55-2051, both Revision 01, both dated August 20, 2014; as applicable.

(2) Before further flight: Repair any disbonding or damage found during any inspection required by paragraph (h)(1) of this AD, or replace any affected rudder, as applicable, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-55-6050, or A310-55-2051, both Revision 01, both dated August 20, 2014; as applicable, except as required by paragraph (j)(4) of this AD.

(i) Repair Using Structural Repair Manual (SRM) Procedure Not Allowed

As of the effective date of this AD, do not accomplish a composite side shell panel repair on any rudder using an SRM procedure identified in Figure A-GBBAA (Sheet 01 and 02) or Figure A-GBCAA (Sheet 02) of Airbus Service Bulletin A310-55-2051; or Figure A-GBBAA (Sheet 01, 02, or 03) or Figure A-GBCAA (Sheet 02 or 04) of Airbus Service Bulletin A300-55-6050; as applicable.

(j) Exceptions to Service Information

(1) Where Airbus Service Bulletins A300-55-6050; and A310-55-2051; both Revision 01, both dated August 20, 2014; specify a compliance time “from original service bulletin issue date,” this AD requires compliance within the specified compliance time after the effective date of this AD.

(2) Where Airbus Service Bulletins A300-55-6050; and A310-55-2051 both Revision 01, both dated August 20, 2014; specify to contact Airbus for appropriate action: Before further flight, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA).

(3) Airplanes on which a rudder is installed having a serial number that is not in the range HF-1005 through HF-1323, inclusive; HF-1325, HF-1327, HF-1329, HF-1331, HF-1332, HF-1340, TS-1324, TS-1326, TS-1328, TS-1330, TS-1333 through TS-1339, inclusive; TS-1341 through TS-1420, inclusive; or TS-2001 through TS-2197, inclusive; are not affected by the requirements of paragraphs (g) and (h) of this AD, provided that no repairs have been done in accordance with the applicable SRM specified in paragraph (i) of this AD on the composite side shell panel of that rudder since installation.

(4) The compliance time for the initial detailed inspection of the restored area for loose or lost tape identified in Tables 3 and 4 of paragraph 1.E., “Compliance,” of Airbus Service Bulletins A300-55-6050 and A310-55-2051, both Revision 01, both dated August 20, 2014; specifies “within 500 FH or 4 months after closing holes.” This AD requires this action within 500 flight hours or 4 months, whichever occurs later, after the holes are closed.

(k) Credit for Previous Actions

This paragraph provides credit for actions required by paragraphs (g) and (h) of this AD, if those actions were performed before the effective date of this AD using Airbus Service Bulletin A300-55-6050, or A310-55-2051, both dated September 11, 2012; as applicable; which are not incorporated by reference in this AD.

(l) Parts Installation Limitations

As of the effective date of this AD, no person may install any affected rudder on any airplane, unless the actions required by paragraphs (g) and (h) of this AD have been accomplished.

(m) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-2125; fax 425-227-1149. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

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

(n) Related Information

(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2014-0026, dated January 28, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-1045-0002.

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

(o) Material Incorporated by Reference

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

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

(i) Airbus Service Bulletin A300-55-6050, Revision 01, dated August 20, 2014.

(ii) Airbus Service Bulletin A310-55-2051, Revision 01, dated August 20, 2014.

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

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

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

Issued in Renton, Washington, on December 31, 2015. Phil Forde, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-00376 Filed 1-20-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-0081; Directorate Identifier 2014-NM-170-AD; Amendment 39-18371; AD 2016-01-12] RIN 2120-AA64 Airworthiness Directives; Bombardier, Inc. Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model BD-700-1A10 and BD-700-1A11 airplanes. This AD was prompted by reports of fluid entry and accumulation in the aft equipment bay. This AD requires modifying the aft equipment bay. We are issuing this AD to prevent excessive quantities of flammable fluid accumulation in the aft equipment bay. Flammable fluid entry and accumulation in the aft equipment bay, in excessive quantities, could exceed safe levels maintained by the drainage and ventilation system.

DATES:

This AD becomes effective February 25, 2016.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of February 25, 2016.

ADDRESSES:

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0081; or in person at the Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

For service information identified in this final rule, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; email [email protected]; Internet http://www.bombardier.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-0081.

FOR FURTHER INFORMATION CONTACT:

Cesar Gomez, Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7318; fax 516-794-5531.

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Bombardier, Inc. Model BD-700-1A10 and BD-700-1A11 airplanes. The NPRM published in the Federal Register on January 26, 2015 (80 FR 3924). The NPRM was prompted by reports of fluid entry and accumulation in the aft equipment bay. The NPRM proposed to require modifying the aft equipment bay. We are issuing this AD to prevent excessive quantities of flammable fluid accumulation in the aft equipment bay. Flammable fluid entry and accumulation in the aft equipment bay, in excessive quantities, could exceed safe levels maintained by the drainage and ventilation system.

Transport Canada Civil Aviation, which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF-2014-25, dated August 7, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Bombardier, Inc. Model BD-700-1A10 and BD-700-1A11 airplanes. The MCAI states:

There have been two reports of fluid entry and accumulation in the aft equipment bay. The leaked fluid in the first incident was fuel and the fluid in the second incident was test dye. Further investigation revealed that leaked fluid from the aft fuel tank drain entered the bay through the slot in the door latch mechanism.

Flammable fluid entry and accumulation in the aft equipment bay, in excessive quantities, could exceed safe levels maintained by the drainage and ventilation system.

Bombardier Inc. has issued several Service Bulletins (SB) to modify the Aft Equipment Bay by installing a cover to the door latch mechanism in order to reduce the risk of fuel entry into it. This [Canadian] AD mandates the incorporation of the applicable Bombardier Inc. SBs to rectify this problem.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-0081-0002.

Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (80 FR 3924, January 26, 2015) or on the determination of the cost to the public.

Conclusion

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

• Are consistent with the intent that was proposed in the NPRM (80 FR 3924, January 26, 2015) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (80 FR 3924, January 26, 2015).

Related Service Information Under 1 CFR Part 51

Bombardier has issued the following service information:

• Bombardier Service Bulletin 700-1A11-52-019, dated March 29, 2012.

• Bombardier Service Bulletin 700-52-042, dated March 29, 2012.

• Bombardier Service Bulletin 700-52-5007, dated March 29, 2012.

• Bombardier Service Bulletin 700-52-6007, dated March 29, 2012.

The service information describes procedures for the modification of the aft equipment compartment door. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

We estimate that this AD affects 60 airplanes of U.S. registry.

We also estimate that it will take about 8 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts will cost about $720 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $84,000, or $1,400 per product.

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

Authority for This Rulemaking

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

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

Regulatory Findings

We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

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

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

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

3. Will not affect intrastate aviation in Alaska; and

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

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-0081; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2016-01-12 Bombardier, Inc. Airplanes: Amendment 39-18371. Docket No. FAA-2015-0081; Directorate Identifier 2014-NM-170-AD. (a) Effective Date

This AD becomes effective February 25, 2016.

(b) Affected ADs

None.

(c) Applicability

This AD applies to Bombardier, Inc. Model BD-700-1A10 and BD-700-1A11 airplanes, certificated in any category, serial numbers 9001 through 9476 inclusive and 9998.

(d) Subject

Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

This AD was prompted by reports of fluid entry and accumulation in the aft equipment bay. We are issuing this AD to prevent excessive quantities of flammable fluid accumulation in the aft equipment bay. Flammable fluid entry and accumulation in the aft equipment bay, in excessive quantities, could exceed safe levels maintained by the drainage and ventilation system.

(f) Compliance

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

(g) Modification

Within 24 months after the effective date of this AD, modify the aft equipment bay, in accordance with the Accomplishment Instructions of the applicable service information specified in paragraphs (g)(1) through (g)(4) of this AD.

(1) For Model BD-700-1A10 airplanes, serial numbers 9002 through 9312 inclusive, 9314 through 9380 inclusive, and 9384 through 9429 inclusive: Bombardier Service Bulletin 700-52-042, dated March 29, 2012.

(2) For Model BD-700-1A10 airplanes, serial numbers 9381 and 9432 through 9476 inclusive: Bombardier Service Bulletin 700-52-6007, dated March 29, 2012.

(3) For Model BD-700-1A11 airplanes, serial numbers 9127 through 9383 inclusive, 9389 through 9400 inclusive, 9404 through 9431 inclusive, and 9998: Bombardier Service Bulletin 700-1A11-52-019, dated March 29, 2012.

(4) For Model BD-700-1A11 airplanes, serial numbers 9386, 9401, and 9445 through 9474 inclusive: Bombardier Service Bulletin 700-52-5007, dated March 29, 2012.

(h) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, New York Aircraft Certification Office (ACO), ANE-170, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the ACO, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

(2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, New York ACO, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature.

(i) Related Information

Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF-2014-25, dated August 21, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-0081-0002.

(j) Material Incorporated by Reference

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

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

(i) Bombardier Service Bulletin 700-1A11-52-019, dated March 29, 2012.

(ii) Bombardier Service Bulletin 700-52-042, dated March 29, 2012.

(iii) Bombardier Service Bulletin 700-52-5007, dated March 29, 2012.

(iv) Bombardier Service Bulletin 700-52-6007, dated March 29, 2012.

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

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

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

Issued in Renton, Washington, on December 31, 2015. Philip Forde, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-00371 Filed 1-20-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-0669; Directorate Identifier 2013-SW-038-AD; Amendment 39-18373; AD 2016-01-14] RIN 2120-AA64 Airworthiness Directives; Airbus Helicopters Deutschland GmbH (Previously Eurocopter Deutschland GmbH) Helicopters AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for Airbus Helicopters Deutschland GmbH (AHD) (previously Eurocopter Deutschland GmbH) Model MBB-BK 117 A-1, A-3, A-4, B-1, B-2, C-1, and C-2 helicopters. This AD requires an initial and recurring inspection of the N2 control arm and, depending on the outcome of the inspection, repairing or replacing the N2 control arm. This AD was prompted by a report of a heavily corroded and broken N2 control arm. The actions of this AD are intended to detect corrosion, a crack, or a scratch in the N2 control arm, which could lead to failure of the N2 control arm, a drop in rotor speed, and subsequent loss of control of the helicopter.

DATES:

This AD is effective February 25, 2016.

The Director of the Federal Register approved the incorporation by reference of certain documents listed in this AD as of February 25, 2016.

ADDRESSES:

For service information identified in this final rule, contact Airbus Helicopters, Inc., 2701 N. Forum Drive, Grand Prairie, Texas 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at http://www.airbushelicopters.com/techpub. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov in Docket No. FAA-2015-0669 or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the European Aviation Safety Agency (EASA) AD, any incorporated-by-reference service information, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (phone: 800-647-5527) is U.S. Department of Transportation, Docket Operations Office, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

James Blyn, Aviation Safety Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email [email protected].

SUPPLEMENTARY INFORMATION: Discussion

On March 24, 2015, at 80 FR 15530, the Federal Register published our notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR part 39 by adding an AD that would apply to AHD Model MBB-BK 117 A-1, A-3, A-4, B-1, B-2, C-1, and C-2 helicopters. The NPRM proposed to require repetitive visual inspections of the N2 control arm for corrosion, a crack, and a scratch. The NPRM also proposed to require repairing any N2 control arm with corrosion or a scratch less than 0.020 inch in depth and replacing any N2 control arm with exfoliation corrosion, a crack, or with corrosion or a scratch 0.020 inch or greater in depth. The proposed requirements were intended to detect corrosion, a crack, or a scratch in the N2 control arm, which could lead to failure of the N2 control arm, a drop in rotor speed, and subsequent loss of control of the helicopter.

The NPRM was prompted by AD No. 2013-0154, dated July 22, 2013, issued by EASA, which is the Technical Agent for the Member States of the European Union, to correct an unsafe condition for the Eurocopter Deutschland GmbH (now AHD) Model MBB-BK117 A-1, A-3, A-4, B-1, B-2, C-1, and C-2 helicopters. EASA advises of an incident with a Model MBB-BK117 C-2 helicopter that dropped rotor speed (RPM) within the green range and could not be recovered to nominal value because of a heavily corroded and broken N2 control arm. EASA advises that under certain flight conditions and power demands, a broken N2 control arm can cause a significant and non-recoverable drop in RPM. As a result, EASA AD No. 2013-0154 requires an initial and repetitive inspection of the N2 control arm for corrosion, damage, and scratches, and depending on the outcome of the inspection, repairing or replacing the N2 control arm.

Since the NPRM was issued, the FAA Southwest Regional Office has relocated and a group email address has been established for requesting an FAA alternative method of compliance for a helicopter of foreign design. We have revised the contact information throughout this final rule to reflect the new address and new email address.

Comments

We gave the public the opportunity to participate in developing this AD, but we did not receive any comments on the NPRM (80 FR 15530, March 24, 2015).

FAA's Determination

These helicopters have been approved by the aviation authority of Germany and are approved for operation in the United States. Pursuant to our bilateral agreement with Germany, EASA, its technical representative, has notified us of the unsafe condition described in the EASA AD. We are issuing this AD because we evaluated all information provided by EASA and determined the unsafe condition exists and is likely to exist or develop on other helicopters of these same type designs and that air safety and the public interest require adopting the AD requirements as proposed except for the minor editorial changes described above. These changes are consistent with the intent of the proposals in the NPRM (80 FR 15530, March 24, 2015) and will not increase the economic burden on any operator nor increase the scope of this AD.

Differences Between This AD and the EASA AD

The EASA AD allows a noncumulative tolerance of 3 months in the compliance time for the initial inspection on helicopters with less than 2 years from the date of first flight and for the repetitive inspections, and this AD does not.

Related Service Information Under 1 CFR Part 51

Eurocopter issued ASB MBB-BK117-60A-126 for Model MBB-BK 117 A-1, A-3, A-4, B-1, B-2, and C-1 helicopters, and ASB MBB-BK117 C-2-76A-005 for Model MBB-BK 117 C-2 helicopters, both Revision 0, and both dated June 24, 2013. The Eurocopter ASBs specify inspecting the N2 control arm for corrosion, damage, and scratches and, depending on the outcome of the inspection, either repairing or replacing the affected parts. The Eurocopter ASBs also specify performing the inspection with each 12 month inspection until the N2 inspection requirements are incorporated into the aircraft maintenance manual.

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

Costs of Compliance

We estimate that this AD affects 441 helicopters of U.S. Registry. We estimate that operators may incur the following costs in order to comply with this AD. Labor costs are estimated at $85 per work-hour. Inspecting the N2 control arm requires about one work-hour for an estimated cost of $85 per helicopter and $37,485 for the U.S. fleet per inspection cycle. Repairing the N2 control arm requires about four work-hours for an estimated labor cost of $340. Replacing the N2 control arm requires about three work-hours for an estimated labor cost of $255. Parts to replace the N2 control arm for Model MBB-BK 117 A-1, A-3, A-4, B-1, B-2, and C-1 helicopters cost about $2,743 for a total estimated cost of $2,998. Parts to replace the N2 control arm for a Model MBB-BK 117 C-2 helicopter cost about $4,500 for a total estimated cost of $4,755.

Authority for This Rulemaking

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

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

Regulatory Findings

This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

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

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

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

(3) Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

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

We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2016-01-14 Airbus Helicopters Deutschland GmbH (AHD) (Previously Eurocopter Deutschland GmbH): Amendment 39-18373; Docket No. FAA-2015-0669; Directorate Identifier 2013-SW-038-AD. (a) Applicability

This AD applies to AHD Model MBB-BK 117 A-1, A-3, A-4, B-1, B-2, C-1, and C-2 helicopters, certificated in any category.

(b) Unsafe Condition

This AD defines the unsafe condition as corrosion, a crack, or a scratch on an N2 control arm. This condition could lead to failure of the N2 control arm, resulting in a reduction in rotor speed and subsequent loss of control of the helicopter.

(c) Effective Date

This AD becomes effective February 25, 2016.

(d) Compliance

You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

(e) Required Actions

For helicopters that have not reached 2 years from the date of first flight, within 1 year or before reaching 2 years from the date of first flight, whichever occurs first; and for helicopters that have reached or exceeded 2 years from the date of first flight, within 50 hours TIS:

(1) Visually inspect each N2 control arm for corrosion, a crack, and a scratch as depicted in Figure 1 of Eurocopter Alert Service Bulletin (ASB) MBB-BK117-60A-126 or ASB MBB-BK117 C-2-76A-005, both Revision 0, and both dated June 24, 2013, as applicable to your model helicopter.

(i) If an N2 control arm has corrosion or a scratch less than 0.5 millimeter (mm) (0.020 inch) in depth, before further flight, remove the corrosion and repair the scratch.

(ii) If an N2 control arm has any exfoliation corrosion, a crack, or has corrosion or a scratch 0.5 mm (0.020 inch) or greater in depth, before further flight, replace the N2 control arm.

(2) Thereafter, perform the requirements in paragraph (e)(1) of this AD at intervals not to exceed 12 months.

(f) Alternative Methods of Compliance (AMOCs)

(1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: James Blyn, Aviation Safety Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email [email protected].

(2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office, before operating any aircraft complying with this AD through an AMOC.

(g) Additional Information

The subject of this AD is addressed in European Aviation Safety Agency (EASA) AD No. 2013-0154, dated July 22, 2013. You may view the EASA AD on the Internet at http://www.regulations.gov in Docket No. FAA-2015-0669.

(h) Subject

Joint Aircraft Service Component (JASC) Code: Engine Controls, 7600.

(i) Material Incorporated by Reference

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

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

(i) Eurocopter Alert Service Bulletin (ASB) MBB-BK117-60A-126, Revision 0, dated June 24, 2013.

(ii) Eurocopter ASB MBB-BK117 C-2-76A-005, Revision 0, dated June 24, 2013.

(3) For Eurocopter service information identified in this final rule, contact Airbus Helicopters, Inc., 2701 N. Forum Drive, Grand Prairie, Texas 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at http://www.airbushelicopters.com/techpub.

(4) You may view this service information at FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222-5110.

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

Issued in Fort Worth, Texas, on January 6, 2016. Bruce E. Cain, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-00658 Filed 1-20-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-1935; Directorate Identifier 2014-SW-008-AD; Amendment 39-18374; AD 2016-01-15] RIN 2120-AA64 Airworthiness Directives; Agusta S.p.A. Helicopters AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model AB139 and AW139 helicopters. This AD requires visually inspecting certain subfloor frames for a crack. This AD was prompted by reports of cracks on in-service helicopters. The actions of this AD are intended to detect or prevent a crack in the subfloor frame, which could result in failure of the pilot and co-pilot pedal support frame and subsequent loss of control of the helicopter.

DATES:

This AD is effective February 25, 2016.

The Director of the Federal Register approved the incorporation by reference of a certain document listed in this AD as of February 25, 2016.

ADDRESSES:

For service information identified in this rule, contact AgustaWestland, Product Support Engineering, Via del Gregge, 100, 21015 Lonate Pozzolo (VA) Italy, ATTN: Maurizio D'Angelo; telephone 39-0331-664757; fax 39-0331-664680; or at http://www.agustawestland.com/technical-bulletins. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-1935 or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the European Aviation Safety Agency (EASA) AD, any incorporated-by-reference service information, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (phone: 800-647-5527) is U.S. Department of Transportation, Docket Operations Office, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Robert Grant, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email [email protected].

SUPPLEMENTARY INFORMATION: Discussion

On June 5, 2015, at 80 FR 32072, the Federal Register published our notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR part 39 by adding an AD that would apply to Agusta Model AB139 and AW139 helicopters, serial number (S/N) 31005 through 31517 (except S/N 31007, 31415, 31431, 31491, 31500, 31508, and 31516) and S/N 41001 through 41356 (except S/N 41355). The NPRM proposed to require visually inspecting certain subfloor frames for a crack. The proposed requirements were intended to detect or prevent a crack in the subfloor frame, which could result in failure of the pilot and co-pilot pedal support frame and subsequent loss of control of the helicopter.

The NPRM was prompted by AD No. 2014-0048, dated March 4, 2014, issued by EASA, which is the Technical Agent for the Member States of the European Union, to correct an unsafe condition for Agusta Model AB139 and AW139 helicopters with a S/N 31005 through 31517 (except S/N 31007, 31415, 31431, 31491, 31500, 31508, and 31516) and S/N 41001 through 41356 (except S/N 41355). EASA advises that cracks have been reported in the subfloor frame at station (STA) 2105 on in-service helicopters. This condition, if not detected and corrected, could lead to failure of the pedals supporting the frame, which in turn could lead to the pedals being inoperative and subsequent loss of control of the helicopter, EASA advises.

The EASA AD requires repetitive inspections of the subfloor frame at STA 2105 for a crack. The EASA AD also requires installation of frame reinforcements before further flight if there is a crack or within 1,200 flight hours if there is no crack. The EASA AD provides that installation of the frame reinforcements constitutes terminating action for the repetitive inspections required by the AD.

Since the NPRM was issued, the FAA Southwest Regional Office has relocated and a group email address has been established for requesting an FAA Alternative Method of Compliance (AMOC) for a helicopter of foreign design. This AD contains the current physical address of the FAA Southwest Regional Office and the new email address for requesting an AMOC.

Comments

We gave the public the opportunity to participate in developing this AD, but we received no comments on the NPRM (80 FR 32072, June 5, 2015).

FAA's Determination

These helicopters have been approved by the aviation authority of Italy and are approved for operation in the United States. Pursuant to our bilateral agreement with Italy, EASA, its technical representative, has notified us of the unsafe condition described in the EASA AD. We are issuing this AD because we evaluated all information provided by EASA and determined the unsafe condition exists and is likely to exist or develop on other helicopters of these same type designs and that air safety and the public interest require adopting the AD requirements as proposed.

Differences Between This AD and the EASA AD

The EASA AD requires conducting the initial inspection within 30 flight hours or 2 months, whichever occurs first, and thereafter, at intervals not to exceed 300 flight hours or 6 months, whichever occurs first. This AD requires conducting the initial inspection within 30 hours time-in-service (TIS), and thereafter, at intervals not to exceed 300 hours TIS.

Related Service Information Under 1 CFR Part 51

We reviewed AgustaWestland Bolletino Tecnico No. 139-311, Revision B, dated June 4, 2014 (BT), for certain serial-numbered Agusta Model AB139 and AW139 helicopters. The BT calls for visual inspections of the subfloor frames within 30 flight hours or two months, whichever occurs first, and thereafter at intervals of 300 flight hours or 6 months, whichever comes first, until frame reinforcements are installed to prevent future failures. The BT also specifies installing the frame reinforcements immediately if a crack is found and within 1,200 flight hours if a crack is not found. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

We estimate that this AD affects 102 U.S.-registered helicopters and that labor costs average $85 a work hour. Based on these estimates, we expect the following costs:

• The visual inspection requires 2 work-hours for a labor cost of $170 per helicopter. No parts are needed, so the cost totals $170 per helicopter, $17,340 for the U.S. fleet.

• If there are no cracks, installing the frame reinforcements requires 240 work-hours for a labor cost of $20,400 and $2,274 for parts. The total cost is $22,674 per helicopter.

• If there is a crack, installing the frame reinforcements requires 240 work-hours for a labor cost of $20,400 and $3,401 for parts. The total cost is $23,801 per helicopter.

Authority for This Rulemaking

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

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

Regulatory Findings

This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

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

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

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

(3) Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

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

We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2016-01-15  Agusta S.p.A.: Amendment 39-18374; Docket No. FAA-2015-1935; Directorate Identifier 2014-SW-008-AD. (a) Applicability

This AD applies to Agusta S.p.A. Model AB139 and AW139 helicopters, serial number (S/N) 31005 through 31517 (except S/N 31007, 31415, 31431, 31491, 31500, 31508, and 31516) and S/N 41001 through 41356 (except S/N 41355), certificated in any category.

(b) Unsafe Condition

This AD defines the unsafe condition as a crack in a subfloor frame. This condition could result in failure of the pilot and co-pilot pedal support frame and subsequent loss of control of the helicopter.

(c) Effective Date

This AD becomes effective February 25, 2016.

(d) Compliance

You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

(e) Required Actions

(1) Within 30 hours time-in-service (TIS) and thereafter at intervals not to exceed 300 hours TIS, using a light, inspect all visible surfaces of the left hand subfloor frame, right hand subfloor frame, and middle subfloor frame at station (STA) 2105 for a crack as shown in Figures 10 through 13 of AgustaWestland Bollettino Tecnico No. 139-311, Revision B, dated June 4, 2014 (BT 139-311).

(2) If there is a crack, before further flight, install frame STA 2105 retromod part number (P/N) 3G5306P47211 by following the Compliance Instructions, Part II, paragraphs 7 through 7.10. of BT 139-311.

(3) If there are no cracks, within 1200 hours TIS, install frame STA 2105 retromod P/N 3G5306P47211 by following the Compliance Instructions, Part II, paragraphs 7 through 7.10. of BT 139-311.

(4) Installing frame STA 2105 retromod P/N 3G5306P47211 terminates the repetitive inspection requirements in paragraph (e)(1) of this AD.

(f) Special Flight Permits

Special flight permits are prohibited.

(g) Alternative Methods of Compliance (AMOCs)

(1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: Robert Grant, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email [email protected]

(2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office, before operating any aircraft complying with this AD through an AMOC.

(h) Additional Information

The subject of this AD is addressed in European Aviation Safety Agency (EASA) AD No. 2014-0048, dated March 4, 2014. You may view the EASA AD on the Internet at http://www.regulations.gov in Docket No. FAA-2015-1935.

(i) Subject

Joint Aircraft Service Component (JASC) Code: 5300, Fuselage Structure (General).

(j) Material Incorporated by Reference

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

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

(i) AgustaWestland Bollettino Tecnico No. 139-311, Revision B, dated June 4, 2014.

(ii) Reserved.

(3) For Agusta S.p.A. service information identified in this AD, contact AgustaWestland, Product Support Engineering, Via del Gregge, 100, 21015 Lonate Pozzolo (VA) Italy, ATTN: Maurizio D'Angelo; telephone 39-0331-664757; fax 39-0331-664680; or at http://www.agustawestland.com/technical-bulletins.

(4) You may view this service information at FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222-5110.

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

Issued in Fort Worth, Texas, on January 6, 2016. Bruce E. Cain, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-00659 Filed 1-20-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0577; Directorate Identifier 2013-SW-042-AD; Amendment 39-18375; AD 2015-12-09 R1] RIN 2120-AA64 Airworthiness Directives; Airbus Helicopters Deutschland GmbH (Previously Eurocopter Deutschland GmbH) (Airbus Helicopters) AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are revising airworthiness directive (AD) 2015-12-09 for Airbus Helicopters Model EC135P1, EC135T1, EC135P2, EC135T2, EC135P2+, EC135T2+, and MBB-BK 117 C-2 helicopters. AD 2015-12-09 required inspecting certain washers for movement and making the appropriate repairs if the washers move. As published, AD 2015-12-09 referenced an incorrect date for the service information in the Credit for Previous Actions section. This AD corrects the error while retaining the requirements of AD 2015-12-09. These actions are intended to prevent loss of concerned control axis and subsequent loss of control of the helicopter.

DATES:

This AD is effective February 25, 2016.

The Director of the Federal Register approved the incorporation by reference of certain documents listed in this AD as of July 23, 2015 (80 FR 34831, June 18, 2015).

ADDRESSES:

For service information identified in this final rule, contact Airbus Helicopters, Inc., 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at http://www.airbushelicopters.com/techpub. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, Room 6N-321, 10101 Hillwood Pkwy, Fort Worth, TX 76177.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0577; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the European Aviation Safety Agency (EASA) AD, any incorporated-by-reference information, the economic evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Matt Wilbanks, Aviation Safety Engineer, Regulations and Policy Group, Rotorcraft Directorate, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; email [email protected].

SUPPLEMENTARY INFORMATION: Discussion

On July 24, 2015, we issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to revise AD 2015-12-09, Amendment 39-18184 (80 FR 34831, June 18, 2015), which applied to Airbus Helicopters Model EC135P1, EC135T1, EC135P2, EC135T2, EC135P2+, EC135T2+, and MBB-BK 117 C-2 helicopters. The NPRM published in the Federal Register on August 3, 2015 (80 FR 45900). The NPRM was prompted by the discovery of an incorrectly dated Alert Service Bulletin (ASB) in the Credit for Previous Actions section of AD 2015-12-09. The NPRM proposed to retain the actions required by AD 2015-12-09 and correct the ASB date and revise other information throughout the AD.

AD 2015-12-09 was prompted by AD No. 2013-0176, dated August 7, 2013, issued by EASA, which is the Technical Agent for the Member States of the European Union, to correct an unsafe condition for Eurocopter Deutschland GmbH Model EC 135 P1 (CDS), EC 135 P1 (CPDS), EC 135 P2+, EC 135 P2 (CPDS), EC 135 T1 (CDS), EC 135 T1 (CPDS), EC 135 T2+, EC 135 T2 (CPDS), EC 635 P2+, EC 635 T1 (CPDS), EC 635 T2+, and MBB-BK 117 C-2 helicopters. EASA advises that during installation work on a helicopter, it was discovered that it was not possible to install attachment hardware on a threaded blind borehole between the Smart Electro Mechanical Actuator (SEMA) and the control rod without play. EASA advises that this condition, if not detected and corrected, could lead to loss of the concerned control axis, possibly resulting in loss of helicopter control. For these reasons, EASA AD No. 2013-0176 requires a one-time inspection of the affected SEMA attachment hardware to detect improper connection and play and, depending on the findings, replacement of the affected hardware. After the issuance of EASA AD No. 2013-0176, Eurocopter Deutschland GmbH changed its name to Airbus Helicopters Deutschland GmbH.

When AD 2015-12-09 was published, an incorrect reference to the date of Eurocopter ASB EC135-22A-015, Revision 0, dated May 13, 2008, appeared in the text of the rule. Specifically, AD 2015-12-09 includes the following under paragraph (f), Credit for Previous Actions: “If you performed the actions in Eurocopter Alert Service Bulletin EC135-22A-015, Revision 0, dated May 13, 2018, or Eurocopter Alert Service Bulletin MBB BK117 C-2-22A-009, Revision 0, May 13, 2008, before the effective date of this AD, you met the requirements of this AD.” As published, the reference to May 13, 2018, is incorrect. The correct date for Eurocopter ASB EC135-22A-015, Revision 0, is May 13, 2008.

Accordingly, we are revising AD 2015-12-09 to correct the date for Eurocopter ASB EC135-22A-015, Revision 0. Further, we updated the physical address of the FAA Southwest Regional Office throughout this AD and the email address for requesting an Alternative Method of Compliance (AMOC). We did not change any other part of the preamble or regulatory information. The final rule is reprinted in its entirety for the convenience of affected operators.

Comments

We gave the public the opportunity to participate in developing this AD, but we received no comments on the NPRM (80 FR 45900, August 3, 2015).

FAA's Determination

These helicopters have been approved by the aviation authority of Germany and are approved for operation in the United States. Pursuant to our bilateral agreement with Germany, EASA, its technical representative, has notified us of the unsafe condition described in the EASA AD. We are issuing this AD because we evaluated all information provided by EASA and determined the unsafe condition exists and is likely to exist or develop on other helicopters of these same type designs.

Related Service Information Under 1 CFR Part 51

Eurocopter reported in ASBs EC135-22A-015, Revision 1, dated January 28, 2013, and MBB BK117 C-2-22A-009, Revision 1, dated August 3, 2009, that it was discovered during the installation work on a helicopter that it was not possible to establish attachment hardware on a threaded blind borehole between the SEMA and the control rod without play. The ASBs state that “unfavourable adding of the tolerances” of the individual attachment hardware elements caused the screw to push against the bottom of the threaded blind borehole on the SEMA, preventing any clamping force on the screw head. The ASBs call for inspecting the SEMA attachment hardware connected to their respective control rods for play and making the proper adjustments to eliminate any play. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

We estimate that this AD affects 385 helicopters of U.S. Registry and that labor costs average $85 per work-hour. Based on these estimates, we expect the following costs:

• Inspecting for movement of the washers requires 1.5 work-hours for a labor cost of $128 per helicopter and $49,280 for the U.S. fleet.

• Replacing the screws and related work requires an additional 0.5 work-hours for a labor cost of $43. Screws cost $4 each while washers cost $10 each. We estimate the cost at $79 per repair.

Authority for This Rulemaking

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

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

Regulatory Findings

We have determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

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

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

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

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

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2015-12-09, Amendment 39-18184 (80 FR 34831, June 18, 2015), and adding the following new AD: 2015-12-09 R1 Airbus Helicopters Deutschland GmbH (Previously Eurocopter Deutschland GmbH) (Airbus Helicopters): Amendment 39-18375; Docket No. FAA-2014-0577; Directorate Identifier 2013-SW-042-AD. (a) Applicability

This AD applies to Airbus Helicopters Model EC135P1, EC135T1, EC135P2, EC135T2, EC135P2+, EC135T2+, and MBB-BK 117 C-2 helicopters, certificated in any category.

(b) Unsafe Condition

This AD defines the unsafe condition as loose attachment hardware between the Smart Electro Mechanical Actuator (SEMA) and a control rod. This condition could result in loss of the control axis and subsequent loss of control of the helicopter.

(c) Effective Date

This AD becomes effective February 25, 2016.

(d) Compliance

You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

(e) Required Actions

(1) Within 50 hours time-in-service (TIS), for Model EC135P1, EC135T1, EC135P2, EC135T2, EC135P2+, and EC135T2+ helicopters, do the following:

(i) Using Figure 1 and Figure 2 of Eurocopter Alert Service Bulletin EC135-22A-015, Revision 1, dated January 28, 2013 (ASB EC135-22A-015) as reference, inspect the attachment hardware between the SEMA and the longitudinal actuator control rod to determine whether any of the washers can be moved.

(A) If no washer can be moved, no further action is needed.

(B) If a washer can be moved, replace the four screws and install two additional washers, part number (P/N) EN2139-05016, to connect the SEMA with the control rod. Torque-tighten each screw to 5-6 Nm.

(ii) Using Figure 1 and Figure 2 of ASB EC135-22A-015 as reference, inspect the attachment hardware between the SEMA and the lateral actuator control rod to determine whether any of the washers can be moved.

(A) If no washer can be moved, no further action is needed.

(B) If a washer can be moved, replace the four screws and install two additional washers, P/N EN2139-05016, to connect the SEMA with the control rod. Torque-tighten each screw to 5-6 Nm.

(iii) Using Figure 1, Figure 3, and Figure 4 of ASB EC135-22A-015 as reference, inspect the attachment hardware between the SEMA and the yaw actuator control rod to determine whether any of the washers can be moved.

(A) If no washer can be moved, no further action is needed.

(B) If a washer can be moved, replace the four screws and install two additional washers, P/N EN2139-05016, to connect the SEMA with the control rod. Torque-tighten each screw to 5-6 Nm.

(2) Within 50 hours TIS, for Model MBB BK117 C-2 helicopters, using Figure 1 of Eurocopter Alert Service Bulletin MBB BK117 C-2-22A-009, Revision 1, dated August 3, 2009, as reference, inspect the attachment hardware between the Yaw-SEMA and the Yaw-SEMA control rod to determine whether any of the washers can be moved.

(i) If no washer can be moved, no further action is needed.

(ii) If a washer can be moved, replace the four screws and install two additional washers, P/N EN2139-05016, to connect the SEMA with the control rod. Torque-tighten each screw to 5-6 Nm and apply polyurethane lacquer onto the attachment hardware.

(f) Affected ADs

This AD revises AD 2015-12-09, Amendment 39-18184 (80 FR 34831, June 18, 2015).

(g) Credit for Previous Actions

If you performed the actions in Eurocopter Alert Service Bulletin EC135-22A-015, Revision 0, dated May 13, 2008, or Eurocopter Alert Service Bulletin MBB BK117 C-2-22A-009, Revision 0, May 13, 2008, before the effective date of this AD, you met the requirements of this AD.

(h) Alternative Methods of Compliance (AMOCs)

(1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: Matt Wilbanks, Aviation Safety Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone (817) 222-5110; email [email protected]

(2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC.

(i) Additional Information

The subject of this AD is addressed in the European Aviation Safety Agency (EASA) AD No. 2013-0176, dated August 7, 2013. You may view the EASA AD on the Internet at http://www.regulations.gov in Docket No. FAA 2014-0577.

(j) Subject

Joint Aircraft Service Component (JASC) Code: 2213, Flight Controller.

(k) Material Incorporated by Reference

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

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

(3) The following service information was approved for IBR on July 23, 2015, (80 FR 34831, June 18, 2015).

(i) Eurocopter Alert Service Bulletin EC135-22A-015, Revision 1, dated January 28, 2013.

(ii) Eurocopter Alert Service Bulletin MBB BK117 C-2-22A-009, Revision 1, dated August 3, 2009.

(4) For Airbus Helicopters service information identified in this final rule, contact Airbus Helicopters, Inc., 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at http://www.airbushelicopters.com/techpub.

(5) You may view this service information at FAA, Office of the Regional Counsel, Southwest Region, Room 6N-321, 10101 Hillwood Pkwy, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222-5110.

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

Issued in Fort Worth, Texas, on January 6, 2016. Bruce E. Cain, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-00664 Filed 1-20-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2014-0447; Directorate Identifier 2014-NM-019-AD; Amendment 39-18368; AD 2016-01-09] RIN 2120-AA64 Airworthiness Directives; Bombardier, Inc. Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain Bombardier Model DHC-8-400 series airplanes. This AD was prompted by a report of several cracks found on the forward passenger airstair door step assembly. This AD requires an inspection to determine the serial number of the airstair door step assembly, and if necessary, an electronic tap test, reidentification of the airstair door step assembly, and replacement of the airstair door step assembly. We are issuing this AD to detect and correct cracks in the forward passenger airstair door step assembly; such cracking could propagate and result in the structural failure of the steps and impede the evacuation of passengers in the event of an emergency egress situation.

DATES:

This AD becomes effective February 25, 2016.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of February 25, 2016.

ADDRESSES:

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0447; or in person at the Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

For service information identified in this final rule, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-4539; email [email protected]; Internet http://www.bombardier.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-0447.

FOR FURTHER INFORMATION CONTACT:

Jeffrey Zimmer, Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7306; fax 516-794-5531.

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Bombardier Model DHC-8-400 series airplanes. The NPRM published in the Federal Register on July 17, 2014 (79 FR 41661). The NPRM was prompted by a report of several cracks found on the forward passenger airstair door step assembly. The NPRM proposed to require an inspection to determine the serial number of the airstair door step assembly, and if necessary, an electronic tap test, reidentification of the airstair door step assembly, and replacement of the airstair door step assembly. We are issuing this AD to detect and correct cracks in the forward passenger airstair door step assembly; such cracking could propagate and result in the structural failure of the steps and impede the evacuation of passengers in the event of an emergency egress situation.

Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF-2013-20R1, dated December 30, 2013 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states:

There has been one in-service report of several cracks being found on the forward passenger airstair door step assembly between the steps and the sidewall panels. The investigation revealed that the application of potting compound may have been omitted during the bonding at the joint of the airstair door steps and the sidewalls. The omission of potting compound could cause the bonding sealant to crack. The cracks, if not detected, could propagate to result in the structural failure of the steps.

In the event of an emergency egress situation, the failure of the airstair step assembly could impede the evacuation of passengers.

This [Canadian] AD mandates the replacement of the affected forward passenger airstair step assembly with a new or reworked step assembly.

Revision 1 of this [Canadian] AD provides additional instructions for performing an electronic tap test of the airstair step assembly if the Serial Number (S/N) of the airstair step assembly cannot be found.

Required actions include an inspection to determine the serial number of the airstair door step assembly, and if necessary, an electronic tap test and reidentification and replacement of the assembly. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0447-0004.

Comments

We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM (79 FR 41661, July 17, 2014) and the FAA's response to each comment.

Request To Refer to Latest Service Information

Republic Airlines and Horizon Air requested that we revise the NPRM (79 FR 41661, July 17, 2014) to refer to the latest service information.

We agree with the request. The revised service information, Bombardier Service Bulletin 84-52-77, Revision C, dated June 5, 2014, provides minor wording changes but does not change the procedures or add any airplanes. We have revised paragraphs (g) and (h) in this AD to refer to the new service information, and added Bombardier Service Bulletin 84-52-77, Revision B, dated October 31, 2013, to paragraph (i) of this AD, to provide credit for previous actions done before the effective date of this AD.

Request To Allow Records Review

Horizon Air requested that we revise paragraph (g) of the proposed AD (79 FR 41661, July 17, 2014) to allow a review of aircraft records, in addition to a physical inspection, as a way to determine the serial number of the airstair door step assembly.

We disagree with the request. A review of aircraft records may provide an appropriate means to determine serial numbers. For the airstair door step assembly, however, we understand that operators may remove and exchange the assemblies within their fleet for repair, and replace them relatively quickly to minimize airplane downtime. In these cases, there may be a lag between the removal and replacement action and updating the records typically used to conduct a records review. In coordination with TCCA, we have determined that airplane records may not reliably reflect the serial numbers of all airstair door step assemblies present on the affected airplanes. However, under the provisions of paragraph (j)(1) of this AD, we will consider requests for approval of an alternative method of compliance for determining serial numbers, if sufficient data are submitted to substantiate that the new method would provide an acceptable level of safety. We have not changed this final rule regarding this issue.

Request To Allow Maintenance Manual Tasks for Airstair Replacement

Horizon Air requested that we revise paragraph (g)(1)(ii) of the proposed AD (79 FR 41661, July 17, 2014), which would conditionally require replacing the airstair door step assembly in accordance with Bombardier Service Bulletin 84-52-77, Revision B, dated October 31, 2013. For this action, Horizon Air requested that we also allow the replacement to be done using maintenance manual tasks 52-11-01-000-801 and 52-11-01-400-801. Horizon Air stated that the service information specified in the NPRM does not include any actions beyond those specified in the maintenance manual tasks.

We disagree with the request. Part 3, “Procedure,” of the Accomplishment Instructions of Bombardier Service Bulletin 84-52-77, Revision C, dated June 5, 2014, does, in fact, specify additional tasks not included in the maintenance manual tasks referenced by the commenter. The additional tasks include verification of the serial number of the new airstair door step assembly before installation, and adjustment and a functional check of the new door. We have not changed this AD regarding this issue.

Request To Limit Requirements to Steps That Correct the Unsafe Condition

Horizon Air requested that we revise the NPRM (79 FR 41661, July 17, 2014) to require only the section of the Accomplishment Instructions of Bombardier Service Bulletin 84-52-77, Revision C, dated June 5, 2014, that directly corrects the unsafe condition: paragraph 3.B., “Procedure.” Horizon Air stated that the unsafe condition is not directly corrected by accomplishment of the actions specified in paragraph 3.A., “Job Set-up,” and paragraph 3.C., “Close Out,” of the Accomplishment Instructions of Bombardier Service Bulletin 84-52-77, Revision C, dated June 5, 2014. Horizon Air added that incorporating the Job Set-up and Close Out as a requirement of the AD would restrict an operator's ability to perform other maintenance in conjunction with the incorporation of the service information.

We agree with the request and the commenter's rationale. We have revised paragraph (g) of this AD accordingly.

Conclusion

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

• Are consistent with the intent that was proposed in the NPRM (79 FR 41661, July 17, 2014) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (79 FR 41661, July 17, 2014).

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

Related Service Information Under 1 CFR Part 51

Bombardier has issued Service Bulletin 84-52-77, Revision C, dated June 5, 2014, including Appendix A, and with the attached Short Brothers Service Bulletin D8400-52-0011, Revision C, dated February 26, 2014. The service information describes procedures for determining the airstair door step assembly serial number, doing an electronic tap test, and reidentifying and replacing the assembly. This service information is reasonably available because the interested parties have access to it through their normal course of business or by means identified in the ADDRESSES section of this AD.

Costs of Compliance

We estimate that this AD affects 76 airplanes of U.S. registry. We also estimate that it will take about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts would cost about $0 per product. Based on these figures, we estimate the cost of this AD on U.S. operators to be $6,460, or $85 per product.

In addition, we estimate that any necessary follow-on actions would take up to 9 work-hours and require parts costing $206,175, for a cost of $206,940 per product. We have no way of determining the number of aircraft that might need these actions.

Authority for This Rulemaking

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

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

Regulatory Findings

We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

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

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

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

3. Will not affect intrastate aviation in Alaska; and

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

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2014-0447; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2016-01-09 Bombardier, Inc.: Amendment 39-18368. Docket No. FAA-2014-0447; Directorate Identifier 2014-NM-019-AD. (a) Effective Date

This AD becomes effective February 25, 2016.

(b) Affected ADs

None.

(c) Applicability

This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -402 airplanes, certificated in any category, serial numbers 4001 and subsequent.

(d) Subject

Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

This AD was prompted by a report of several cracks found on the forward passenger airstair door step assembly. We are issuing this AD to detect and correct cracks in the forward passenger airstair door step assembly, which could propagate and result in the structural failure of the steps and impede the evacuation of passengers in the event of an emergency egress situation.

(f) Compliance

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

(g) Inspection, Electronic Tap Test, Reidentification, and Replacement of the Airstair Door Step Assembly

For airplanes having serial numbers 4001 through 4393: Within 320 days after the effective date of this AD, do an inspection to determine the serial number of the airstair door step assembly, in accordance with paragraph 3.B., “Procedure,” of the Accomplishment Instructions of Bombardier Service Bulletin 84-52-77, Revision C, dated June 5, 2014, including Appendix A, and with the attached Short Brothers Service Bulletin D8400-52-0011, Revision C, dated February 26, 2014.

(1) If the serial number of the airstair door step assembly cannot be found, or if the serial number is illegible: Before further flight, do an electronic tap test to determine the existence of epoxy compound, in accordance with paragraph 3.B., “Procedure,” of the Accomplishment Instructions of Bombardier Service Bulletin 84-52-77, Revision C, dated June 5, 2014, including Appendix A, and with the attached Short Brothers Service Bulletin D8400-52-0011, Revision C, dated February 26, 2014.

(i) If the existence of epoxy compound is confirmed, before further flight, reidentify the airstair door step assembly, in accordance with paragraph 3.B., “Procedure,” of the Accomplishment Instructions of Bombardier Service Bulletin 84-52-77, Revision C, dated June 5, 2014, including Appendix A, and with the attached Short Brothers Service Bulletin D8400-52-0011, Revision C, dated February 26, 2014.

(ii) If the existence of epoxy compound is not confirmed: Within 6,000 flight hours after the effective date of this AD, replace the airstair door step assembly, in accordance with paragraph 3.B., “Procedure,” of the Accomplishment Instructions of Bombardier Service Bulletin 84-52-77, Revision C, dated June 5, 2014, including Appendix A, and with the attached Short Brothers Service Bulletin D8400-52-0011, Revision C, dated February 26, 2014.

(2) If the serial number of the airstair door step assembly is in the affected range specified in paragraph 1.A., “Effectivity,” of Bombardier Service Bulletin 84-52-77, Revision C, dated June 5, 2014: Within 6,000 flight hours after the effective date of this AD, replace the airstair door step assembly, in accordance with paragraph 3.B., “Procedure,” of the Accomplishment Instructions of Bombardier Service Bulletin 84-52-77, Revision C, dated June 5, 2014, including Appendix A, and with the attached Short Brothers Service Bulletin D8400-52-0011, Revision C, dated February 26, 2014.

(h) Parts Installation Prohibition

As of the effective date of this AD, no person may install on any airplane an airstair door step assembly with part number 85217008-001 containing a serial number in the affected range specified in paragraph 1.A., “Effectivity,” of Bombardier Service Bulletin 84-52-77, Revision C, dated June 5, 2014, including Appendix A, and with the attached Short Brothers Service Bulletin D8400-52-0011, Revision C, dated February 26, 2014.

(i) Credit for Previous Actions

This paragraph provides credit for actions required by paragraph (g) of this AD if the serial number is known, and if those actions were performed before the effective date of this AD using Bombardier Service Bulletin 84-52-77, Revision A, dated April 24, 2013; or Bombardier Service Bulletin 84-52-77, Revision B, dated October 31, 2013. This service information is not incorporated by reference in this AD.

(j) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, New York Aircraft Certification Office (ACO), ANE-170, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the ACO, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

(2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, New York ACO, ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature.

(k) Related Information

(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF-2013-20R1, dated December 30, 2013, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0447-0004.

(2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (l)(3) and (l)(5) of this AD.

(l) Material Incorporated by Reference

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

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

(i) Bombardier Service Bulletin 84-52-77, Revision C, dated June 5, 2014, including Appendix A, which is undated, and attached Short Brothers Service Bulletin D8400-52-0011, Revision C, dated February 26, 2014.

(ii) Reserved.

(3) For Bombardier service information identified in this AD, contact Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone 416-375-4000; fax 416-375-4539; email [email protected]; Internet http://www.bombardier.com.

(4) For Short Brothers service information identified in this AD, contact Short Brothers PLC, Airworthiness, P.O. Box 241, Airport Road, Belfast, BT3 9DZ Northern Ireland; telephone +44(0)2890-462469; fax +44(0)2890 468444; email [email protected]; Internet http://www.bombardier.com.

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

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

Issued in Renton, Washington, on January 4, 2016. Victor Wicklund, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-00378 Filed 1-20-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-1422; Directorate Identifier 2014-NM-125-AD; Amendment 39-18370; AD 2016-01-11] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are superseding Airworthiness Directive (AD) 98-18-26, for certain Airbus Model A320 series airplanes. AD 98-18-26 required repetitive inspections to detect fatigue cracking of the front spar vertical stringers on the wings; and repair, if necessary. This new AD requires repetitive high frequency eddy current (HFEC) inspections for cracking of the radius of the front spar vertical stringers and the horizontal floor beam on frame 36, a rototest inspection for cracking of the fastener holes of the front spar vertical stringers on frame 36, and repair if necessary. This AD was prompted by reports that indicate new repetitive inspections having new thresholds and intervals are needed and that additional work is needed to accomplish the inspections on airplanes on which a previous modification has been accomplished. We are issuing this AD to detect and correct fatigue cracking of the front spar vertical stringers on the wings, which could result in the reduced structural integrity of the airframe.

DATES:

This AD becomes effective February 25, 2016.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of February 25, 2016.

ADDRESSES:

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-1422; or in person at the Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

For service information identified in this AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket Number FAA-2015-1422.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 98-18-26, Amendment 39-10742 (63 FR 47423, September 8, 1998). AD 98-18-26 applied to certain Airbus Model A320 series airplanes. The NPRM published in the Federal Register on June 5, 2015 (80 FR 32063).

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014-0069, dated March 19, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition on certain Airbus Model A320-211, -212, and -231 airplanes. The MCAI states:

During center fuselage certification full scale fatigue test, cracks were found on the front vertical stringer at frame 36. Analysis of these findings indicated that a number of in-service aeroplanes could be similarly affected.

This condition, if not detected and corrected, could lead to crack propagation and consequent deterioration of the structural integrity of the aeroplane.

To address this potential unsafe condition, [Directorate General for Civil Aviation] DGAC France AD 97-311-105 [which corresponds to FAA AD 98-18-26, Amendment 39-10742 (63 FR 47423, September 8, 1998)] was issued to require repetitive [HFEC] inspections [for cracking] in accordance with the instruction of Airbus Service Bulletin (SB) A320-57-1016. At the same time, the modification provided by Airbus SB A320-57-1017 was considered to be terminating action for the repetitive inspections required by DGAC France AD 97-311-105.

Since that [DGAC] AD was issued, and following new analysis, modification per Airbus SB A320-57-1017 is no longer considered to be terminating action for the repetitive inspections as required by DGAC France AD 97-311-105.

Aeroplanes with [manufacturer serial number] MSN 0080 up to 0155 inclusive have been delivered with the addition of a 5 [millimeter] mm thick light alloy shim under the heads of 2 fasteners at the top end of the front spar vertical stringers (Airbus modification 21290P1546, which is the production line equivalent to in-service modification through Airbus SB A320-57-1017). From MSN 0156 and higher, all aeroplanes are delivered with vertical stiffeners of the forward wing spar upper end with stiffener cap thickness increased from 4 to 6 mm (Airbus modification 21290P1547).

Prompted by these findings, Airbus issued SB A320-57-1178 to introduce new repetitive inspections with new thresholds and intervals.

For the reasons described above, DGAC France AD 97-311-105 is superseded and this [EASA] AD requires the repetitive inspections at new thresholds and intervals.

After EASA issued [proposed airworthiness directive] PAD 14-021, it was discovered that additional work [HFEC inspections for cracking of the radius of spar vertical stringers and horizontal beam in the center fuselage of frame 36, and a rototest inspection for cracking of the fastener holes of the spar vertical stringers radius on Frame 36 and repair if necessary], to be included in Revision 01 of Airbus SB A320-57-1178, is required to accomplish the inspections. This Final [EASA] AD has been amended accordingly.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-1422-0002.

Comments

We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM (80 FR 32063, June 5, 2015) and the FAA's response to the comments.

Requests for Clarification of Certain Requirements

Delta Airlines (DAL) asked that we move the repetitive inspection intervals from paragraph (g) of the proposed AD (80 FR 32063, June 5, 2015), and create a new paragraph (i) with the repetitive inspection intervals. DAL stated that having the inspection method and the repetitive inspection intervals in one paragraph, as well as a separate paragraph for the initial inspection is cumbersome.

We do not agree with the requested changes. We re-examined the structure of the regulatory text of this AD, and have determined that the specified language as proposed is clear and aligns with the MCAI. Therefore, we have not changed this AD in this regard.

DAL also asked that we add sub-steps to requirements in the proposed AD (80 FR 32063, June 5, 2015), to clarify the inspection requirements specified in Airbus Service Bulletin A320-57-1178, Revision 01, dated May 28, 2014.

We do not agree. Our goal in referring to the Accomplishment Instructions of the service information is to ensure that operators follow the details in the inspection steps shown therein. DAL has the option of creating task cards if it makes accomplishing the sub-steps easier, provided the cards meet the intent of the AD. We have not changed this AD in this regard.

Additionally, DAL asked that Appendix 01 of Airbus Service Bulletin A320-57-1178, Revision 01, dated May 28, 2014, be removed from the service bulletin identification in the NPRM (80 FR 32063, June 5, 2015), because Appendix 01 has Gantt Chart information that should not be highlighted as a regulatory requirement for compliance.

We do not agree. The information in Appendix 01 of Airbus Service Bulletin A320-57-1178, Revision 01, dated May 28, 2014, may be helpful to operators that want to determine the number of work hours necessary to accomplish specific actions. Moreover, Appendix 01 does not contain a requirement for compliance. We have not changed this AD in this regard.

Conclusion

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

• Are consistent with the intent that was proposed in the NPRM (80 FR 32063, June 5, 2015) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (80 FR 32063, June 5, 2015).

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

Related Service Information Under 1 CFR Part 51

Airbus has issued Service Bulletin A320-57-1178, Revision 01, dated May 28, 2014, including Appendix 01, dated May 28, 2014. The service information describes procedures for inspecting the radius of the front spar vertical stringers and the horizontal floor beam on frame 36 for cracking. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

We estimate that this AD affects 17 airplanes of U.S. registry.

We also estimate that it will take about 24 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $34,680, or $2,040 per product.

In addition, we estimate that any necessary follow-on actions will take about 49 work-hours and require parts costing $1,210, for a cost of $5,375 per product. We have no way of determining the number of aircraft that might need this action.

Authority for This Rulemaking

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

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

Regulatory Findings

We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

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

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

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

3. Will not affect intrastate aviation in Alaska; and

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

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-1422; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 98-18-26, Amendment 39-10742 (63 FR 47423, September 8, 1998), and adding the following new AD: 2016-01-11 Airbus: Amendment 39-18370. Docket No. FAA-2015-1422; Directorate Identifier 2014-NM-125-AD. (a) Effective Date

This AD becomes effective February 25, 2016.

(b) Affected ADs

This AD replaces AD 98-18-26, Amendment 39-10742 (63 FR 47423, September 8, 1998).

(c) Applicability

This AD applies to Airbus Model A320-211, -212, and -231 airplanes, certificated in any category, manufacturer serial numbers (MSN) 0001 through 0155 inclusive.

(d) Subject

Air Transport Association (ATA) of America Code 57, Wings.

(e) Reason

This AD was prompted by cracks found on the front vertical stringer at frame 36. This AD was also prompted by reports that indicate new repetitive inspections having new thresholds and intervals are needed and that additional work is needed to accomplish the inspections on airplanes on which a previous modification has been accomplished. We are issuing this AD to detect and correct fatigue cracking of the front spar vertical stringers on the wings, which could result in the reduced structural integrity of the airframe.

(f) Compliance

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

(g) Inspections

Within the applicable compliance times specified in paragraphs (h)(1) through (h)(4) of this AD, do a high frequency eddy current (HFEC) inspection for cracking of the radius of the front spar vertical stringers and the horizontal floor beam on frame 36, and do a rototest inspection for cracking of the fastener holes of the front spar vertical stringers on frame 36, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-57-1178, Revision 01, dated May 28, 2014, including Appendix 01, dated May 28, 2014. Repeat the inspections thereafter at the compliance times specified in paragraphs (g)(1) and (g)(2) of this AD.

(1) For Configuration 1 airplanes identified in paragraph (h)(1) of this AD: At intervals not to exceed 8,800 flight cycles or 17,700 flight hours, whichever occurs first.

(2) For Configuration 2, 3, and 4 airplanes identified in paragraphs (h)(2) through (h)(4) of this AD: At intervals not to exceed 24,900 flight cycles or 49,800 flight hours, whichever occurs first.

(h) Compliance Times for Initial Inspections Required by Paragraph (g) of This AD

Do the initial inspections required by paragraph (g) of this AD within the applicable compliance times specified in paragraphs (h)(1) through (h)(4) of this AD.

(1) For Configuration 1 airplanes, having MSNs 0001 through MSN 0079 inclusive, on which the modification specified by Airbus Service Bulletin A320-57-1017, dated September 3, 1991; or Airbus Service Bulletin A320-57-1017, Revision 01, dated March 17, 1997, has not been accomplished: Inspect at the later of the times specified by paragraphs (h)(1)(i) through (h)(1)(iii) of this AD.

(i) Inspect at the later of the times specified by paragraphs (h)(1)(i)(A) and (h)(1)(i)(B) of this AD.

(A) Prior to the accumulation of 24,000 flight cycles or 48,000 flight hours, whichever occurs first since airplane first flight.

(B) Within 60 days after the effective date of this AD.

(ii) Inspect within 8,800 flight cycles or 17,700 flight hours, whichever occurs first, since the last inspection specified in Airbus Service Bulletin A320-57-1016 was accomplished.

(iii) Inspect within 850 flight cycles or 1,700 flight hours, whichever occurs first, after the effective date of this AD, without exceeding 14,000 flight cycles after the last inspection specified in Airbus Service Bulletin A320-57-1016 was accomplished.

(2) For Configuration 2 airplanes, having MSNs 0001 through 0079 inclusive, on which the actions specified by Airbus Service Bulletin A320-57-1016, have not been done prior to accomplishing the actions specified by Airbus Service Bulletin A320-57-1017, dated September 3, 1991; or Airbus Service Bulletin A320-57-1017, Revision 01, dated March 17, 1997: Inspect at the later of the times specified by paragraphs (h)(2)(i) and (h)(2)(ii) of this AD.

(i) Within 8,800 flight cycles or 17,700 flight hours, whichever occurs first, since the modification specified in Airbus Service Bulletin A320-57-1017, dated September 3, 1991; or Airbus Service Bulletin A320-57-1017, Revision 01, dated December 6, 1995, was accomplished.

(ii) Within 850 flight cycles or 1,700 flight hours, whichever occurs first, after the effective date of this AD.

(3) For Configuration 3 airplanes, having MSNs 0001 through 0079 inclusive, on which the actions specified by Airbus Service Bulletin A320-57-1016, have been done prior to accomplishing the actions specified by Airbus Service Bulletin A320-57-1017, dated September 3, 1991; or Airbus Service Bulletin A320-57-1017, Revision 01, dated March 17, 1997: Inspect at the later of the times specified by paragraphs (h)(3)(i) and (h)(3)(ii) of this AD.

(i) Within 24,900 flight cycles or 49,800 flight hours, whichever occurs first, since the modification specified in Airbus Service Bulletin A320-57-1017, dated September 3, 1991; or Airbus Service Bulletin A320-57-1017, Revision 01, dated March 17, 1997, was accomplished.

(ii) Within 850 flight cycles or 1,700 flight hours, whichever occurs first, after the effective date of this AD.

(4) For Configuration 4 airplanes, having MSNs 0080 through 0155 inclusive: Inspect at the later of the times specified in paragraphs (h)(4)(i) or (h)(4)(ii) of this AD.

(i) Prior to the accumulation of 54,300 flight cycles or 108,600 flight hours, whichever occurs first since airplane first flight.

(ii) Within 60 days after the effective date of this AD.

(i) Repair

If any crack is detected during any inspection required by paragraph (g) of this AD: Before further flight, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA).

(j) Other FAA AD Provisions

The following provisions also apply to this AD:

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

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

(k) Related Information

Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2014-0069, dated March 19, 2014, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-1422.

(l) Material Incorporated by Reference

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

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

(3) The following service information was approved for IBR on February 25, 2016.

(i) Airbus Service Bulletin A320-57-1178, Revision 01, dated May 28, 2014, including Appendix 01, dated May 28, 2014.

(ii) Reserved.

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

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

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

Issued in Renton, Washington, on December 31, 2015. Philip Forde, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-00373 Filed 1-20-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-1998; Directorate Identifier 2014-SW-035-AD; Amendment 39-18379; AD 2016-01-19] RIN 2120-AA64 Airworthiness Directives; MD Helicopters Inc. AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for MD Helicopters Inc. (MDHI) Model 500N and 600N helicopters with certain rotating cone assemblies installed. This AD requires establishing a life limit of 10,000 hours time-in-service (TIS) on these rotating cone assemblies. This AD was prompted by the determination that MDHI created rotating cone assemblies with new dash numbers but incorrectly failed to identify them as life-limited parts. The actions are intended to prevent operation of rotating cone assemblies past their life limits, failure of the rotating cone assemblies, loss of directional control, and subsequent loss of control of the helicopter.

DATES:

This AD is effective February 25, 2016.

ADDRESSES:

For service information identified in this final rule, contact MD Helicopters, Inc., Attn: Customer Support Division, 4555 E. McDowell Rd., Mail Stop M615, Mesa, AZ 85215-9734; telephone 1-800-388-3378; fax 480-346-6813; or at http://www.mdhelicopters.com. You may review a copy of the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-1998; or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (phone: 800-647-5527) is U.S. Department of Transportation, Docket Operations Office, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Galib Abumeri, Aerospace Engineer, Los Angeles Aircraft Certification Office, Transport Airplane Directorate, FAA, 3960 Paramount Blvd., Lakewood, California 90712, telephone 562-627-5324; email [email protected].

SUPPLEMENTARY INFORMATION: Discussion

On June 9, 2015, at 80 FR 32508, the Federal Register published our notice of proposed rulemaking (NPRM), which proposed to amend 14 CFR part 39 by adding an AD that would apply to MDHI Model 500N helicopters with a rotating cone assembly part number (P/N) 500N3740-81 installed, and Model 600N helicopters with a rotating cone assembly P/N 500N3740-71 installed. The NPRM proposed to require establishing a life limit of 10,000 hours TIS on these rotating cone assemblies. Although these parts have a life limit of 10,000 hours TIS, they were incorrectly omitted from the Airworthiness Limitation Section of the Rotorcraft Maintenance Manual. Some of the affected parts were sold as spares, while others were installed on new helicopters in production. The proposed requirements were intended to prevent operation of rotating cone assemblies past their life limits, failure of the rotating cone assemblies, loss of directional control, and subsequent loss of control of the helicopter.

Since the NPRM was issued, the FAA Southwest Regional Office has relocated. This AD includes the current physical address of the FAA Southwest Regional Office.

Comments

We gave the public the opportunity to participate in developing this AD, but we received no comments on the NPRM (80 FR 32508, June 9, 2015).

FAA's Determination

We have reviewed the relevant information and determined that an unsafe condition exists and is likely to exist or develop on other products of these same type designs and that air safety and the public interest require adopting the AD requirements as proposed.

Related Service Information

MDHI issued Service Bulletin SB500N-046 and SB600N-054 (SB) as a single bulletin on July 9, 2012. The SB calls for a one-time inspection within 100 flight hours to determine the rotating cone assembly's part number on MDHI Model 500N and 600N helicopters. The SB then states the need to correct the component record for certain rotating cone assemblies.

The SB also specifies determining the rotating cone assembly's total service time since new and recording this on the component record. MDHI reports that failure to comply with the SB may result in an aircraft exceeding the life limit of the rotating cone assembly and that this could lead to component failure and loss of directional control of the helicopter.

Differences Between This AD and the Service Information

The SB calls for inspecting the rotating cone assembly to determine its P/N. We make no requirement about how to determine the P/N. The compliance time for the SB is within 100 flight hours, while this AD requires compliance within 1 year or by the next annual inspection, whichever comes later.

Costs of Compliance

We estimate that this AD affects 8 helicopters of U.S. Registry and that labor costs average $85 a work hour. We estimate that creating a component history card and revising the appropriate records takes 1 work-hour. No parts are needed for a total cost of $85 per helicopter and $680 for the U.S. fleet.

Authority for This Rulemaking

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

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

Regulatory Findings

This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

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

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

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

(3) Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

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

We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2016-01-19 MD Helicopters Inc.: Amendment 39-18379; Docket No. FAA-2015-1998; Directorate Identifier 2014-SW-035-AD. (a) Applicability

This AD applies to MD Helicopters Inc. (MDHI) Model 500N with a rotating cone assembly part number (P/N) 500N3740-81 installed, and Model 600N helicopters with a rotating cone assembly P/N 500N3740-71 installed, certificated in any category.

(b) Unsafe Condition

This AD defines the unsafe condition as a rotating cone assembly remaining in service beyond its fatigue life. This condition could result in failure of the rotating cone assembly and loss of control of the helicopter.

(c) Effective Date

This AD becomes effective February 25, 2016.

(d) Compliance

You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

(e) Required Actions

(1) Within 1 year or at the next annual inspection, whichever comes later:

(i) Create a component history card or equivalent record for each rotating cone assembly, P/N 500N3740-81 and P/N 500N3740-71, and record a life limit of 10,000 hours time-in-service (TIS).

(ii) Revise the Airworthiness Limitations Section of the applicable maintenance manual or Instructions for Continued Airworthiness by establishing a new retirement life of 10,000 hours TIS for each rotating cone assembly, P/N 500N3740-81 and P/N 500N3740-71, by making pen-and-ink changes or by inserting a copy of this AD into the Airworthiness Limitations Section of the maintenance manual or the Instructions for Continued Airworthiness.

(iii) Remove from service any rotating cone assembly, P/N 500N3740-81 and P/N 500N3740-71, that has 10,000 or more hours TIS.

(2) Do not install a rotating cone assembly, P/N 500N3740-81 or P/N 500N3740-71, on any helicopter unless you have complied with the requirements of this AD.

(f) Alternative Methods of Compliance (AMOCs)

(1) The Manager, Los Angeles Aircraft Certification Office, FAA, may approve AMOCs for this AD. Send your proposal to: Galib Abumeri, Aerospace Engineer, Los Angeles Aircraft Certification Office, Transport Airplane Directorate, FAA, 3960 Paramount Blvd., Lakewood, California 90712, telephone 562-627-5324; email [email protected].

(2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC.

(g) Additional Information

MD Helicopters Inc. Service Bulletin SB500N-046/SB600N-054, dated July 9, 2012, which is not incorporated by reference, contains additional information about the subject of this AD. For service information identified in this AD, contact MD Helicopters, Inc., Attn: Customer Support Division, 4555 E. McDowell Rd., Mail Stop M615, Mesa, AZ 85215-9734; telephone 1-800-388-3378; fax 480-346-6813; or at http://www.mdhelicopters.com. You may review a copy of this service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

(h) Subject

Joint Aircraft Service Component (JASC) Code: 5302, Rotorcraft Tail Boom.

Issued in Fort Worth, Texas, on January 8, 2016. Lance T. Gant, Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-00945 Filed 1-20-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-2967; Directorate Identifier 2014-NM-072-AD; Amendment 39-18376; AD 2016-01-16] RIN 2120-AA64 Airworthiness Directives; Dassault Aviation Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are superseding Airworthiness Directive (AD) 2002-23-20, for certain Dassault Aviation Model FALCON 900EX and MYSTERE-FALCON 900 airplanes. AD 2002-23-20 required repetitive operational tests of the flap asymmetry detection system to verify proper functioning, and repair if necessary; repetitive replacement of the inboard flap jackscrews with new or reconditioned jackscrews; and repetitive measurement of the screw/nut play of the jackscrews on the inboard and outboard flaps to detect discrepancies, and corrective action if necessary. AD 2002-23-20 also required a revision of the airplane flight manual. Since we issued AD 2002-23-20, the maintenance manual has been revised. This AD requires revising the maintenance or inspection program, as applicable, to include the maintenance tasks and airworthiness limitations specified in the Airworthiness Limitations section of the airplane maintenance manual. This AD also removes the Model FALCON 900EX airplanes from the applicability. We are issuing this AD to prevent reduced structural integrity of the airplane.

DATES:

This AD becomes effective February 25, 2016.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of February 25, 2016.

ADDRESSES:

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;015-2967; or in person at the Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

For service information identified in this AD, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201-440-6700; Internet http://www.dassaultfalcon.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-2967.

FOR FURTHER INFORMATION CONTACT:

Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2002-23-20, Amendment 39-12964 (67 FR 71098, November 29, 2002); corrected May 4, 2010 (75 FR 23579). AD 2002-23-20 applied to certain Dassault Aviation Model FALCON 900EX and MYSTERE-FALCON 900 airplanes.

The NPRM published in the Federal Register on August 3, 2015 (80 FR 45902). The NPRM was prompted by a revision to the maintenance manual. The NPRM proposed to require revising the maintenance or inspection program, as applicable, to include the maintenance tasks and airworthiness limitations specified in the Airworthiness Limitations section of the airplane maintenance manual. The NPRM also proposed to remove the Model FALCON 900EX airplanes from the applicability of the existing AD. We are issuing this AD to prevent reduced structural integrity of the airplane.

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2013-0053, dated March 4, 2013 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all MYSTERE-FALCON 900 airplanes. The MCAI states:

The airworthiness limitations and maintenance requirements for the Mystère -Falcon 900 type design are included in Aircraft Maintenance Manual (AMM) chapter 5-40 and are approved by the European Aviation Safety Agency (EASA). EASA issued AD 2008-0221 [http://ad.easa.europa.eu/blob/easa_ad_2008_0221_Corrected.pdf/AD_2008-0221_1] to require accomplishment of the maintenance tasks, and implementation of the airworthiness limitations, as specified in Dassault Aviation F900 AMM chapter 5-40 referenced DGT 113873 at revision 16.

Since that [EASA] AD was issued, Dassault Aviation issued revision 20 of F900 AMM chapter 5-40 which contains new or more restrictive maintenance requirements and/or airworthiness limitations and introduces, among others, the following changes:

—Tasks renumbering; —Introduction of a Corrosion Prevention Control Program (CPCP); —Upgrade of screwjack of flap actuators from the older to the latest -3 version; —Revised Time Between Overhaul for screwjack of flap actuators -3 version; —Revised interval for checking the screw/nut play on screwjack of flap actuators -3 version; —Removal of calendar limit for checking the screw/nut play on screwjack of external flap actuators -1 and -2 versions; —Removal of service life limit for screwjack of flap actuators; —Test of flap asymmetry protection system. Compliance with this test is required by [a certain AD] * * *, but F900 AMM chapter 5-40 at revision 20 introduces an extended inspection interval; —Inspection procedures of fuselage and wings; —Check of overpressure tightness on pressurization control regulating valves. Compliance with this check is required by EASA AD 2008-0072 [http://ad.easa.europa.eu/blob/easa_ad_2008_0072.pdf/AD_2008-0072_1] [which corresponds to FAA AD 2010-26-05, Amendment 39-16544 (75 FR 79952, December 21, 2010], but F900 AMM chapter 5-40 at revision 20 introduces an extended inspection interval; —Check of overpressure relief valve vacuum supply lines.

The maintenance tasks and airworthiness limitations, as specified in the F900 AMM chapter 5-40, have been identified as mandatory actions for continued airworthiness of the F900 type design. Failure to comply with AMM chapter 5-40 at revision 20 may result in an unsafe condition [reduced structural integrity of the airplane].

For the reasons described above, this [EASA] AD requires the implementation of the maintenance tasks and airworthiness limitations, as specified in the Dassault Aviation F900 AMM chapter 5-40 DGT 113873 at revision 20.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2015-2967-0002.

Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (80 FR 45902, August 3, 2015) or on the determination of the cost to the public.

Conclusion

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

• Are consistent with the intent that was proposed in the NPRM (80 FR 45902, August 3, 2015) for correcting the unsafe condition; and

• Do not add any additional burden upon the public than was already proposed in the NPRM (80 FR 45902, August 3, 2015).

Related Service Information Under 1 CFR Part 51

Dassault Aviation issued Chapter 5-40, Airworthiness Limitations, Revision 20, dated October 2012, of the Dassault Aviation Falcon 900 Maintenance Manual. This service information describes procedures, maintenance tasks, and airworthiness limitations specified in the Airworthiness Limitations section of the AMM. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

We estimate that this AD affects 112 airplanes of U.S. registry. We estimate that it will take about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $9,520, or $85 per product.

Authority for This Rulemaking

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

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

Regulatory Findings

We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.

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

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

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

3. Will not affect intrastate aviation in Alaska; and

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

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2015-2967; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2002-23-20, Amendment 39-12964 (67 FR 71098, November 29, 2002); corrected May 4, 2010 (75 FR 23579); and adding the following new AD: 2016-01-16 Dassault Aviation: Amendment 39-18376. Docket No. FAA-2015-2967; Directorate Identifier 2014-NM-072-AD. (a) Effective Date

This AD becomes effective February 25, 2016.

(b) Affected ADs

This AD replaces AD 2002-23-20, Amendment 39-12964 (67 FR 71098, November 29, 2002); corrected May 4, 2010 (75 FR 23579). This AD also affects AD 2010-26-05, Amendment 39-16544 (75 FR 79952, December 21, 2010).

(c) Applicability

This AD applies to all DASSAULT AVIATION Model MYSTERE-FALCON 900 airplanes, certificated in any category.

(d) Subject

Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks.

(e) Reason

This AD was prompted by our determination of the need for a revision to the airplane airworthiness limitations to introduce a corrosion prevention control program, among other changes, to the maintenance requirements and airworthiness limitations. We are issuing this AD to prevent reduced structural integrity of the airplane.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

Within 30 days after the effective date of this AD, revise the maintenance or inspection program, as applicable, to incorporate the information specified in Chapter 5-40, Airworthiness Limitations, Revision 20, dated October 2012, of the Dassault Aviation Falcon 900 Maintenance Manual. The initial compliance time for accomplishing the actions specified in Chapter 5-40, Airworthiness Limitations, Revision 20, dated October 2012, of the Dassault Aviation Falcon 900 Maintenance Manual, is within the applicable times specified in the maintenance manual or within 30 days after the effective date of this AD, whichever occurs later, except as provided by paragraphs (g)(1) through (g)(4) of this AD.

(1) The term “LDG” in the “First Inspection” column of any table in the service information means total airplane landings.

(2) The term “FH” in the “First Inspection” column of any table in the service information means total flight hours.

(3) The term “FC” in the “First Inspection” column of any table in the service information means total flight cycles.

(4) The term “M” in the “First Inspection” column of any table in the service information means months.

(h) Terminating Action

Accomplishing paragraph (g) of this AD terminates the requirements of paragraph (g)(1) of AD 2010-26-05, Amendment 39-16544 (75 FR 79952, December 21, 2010), for DASSAULT AVIATION Model MYSTERE-FALCON 900 airplanes.

(i) No Alternative Actions and Intervals

After accomplishing the revision required by paragraph (g) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions or intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (j)(1) of this AD.

(j) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-1149. Information may be emailed to: [email protected] Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

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

(k) Related Information

Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2013-0053, dated March 4, 2013, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-2967.

(l) Material Incorporated by Reference

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

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

(i) Chapter 5-40, Airworthiness Limitations, Revision 20, dated October 2012, of the Dassault Aviation Falcon 900 Maintenance Manual.

(ii) Reserved.

(3) For service information identified in this AD, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201-440-6700; Internet http://www.dassaultfalcon.com.

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

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

Issued in Renton, Washington, on January 6, 2016. Victor Wicklund, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-00629 Filed 1-20-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2014-1074; Airspace Docket No. 14-ASW-10] Amendment of Class E Airspace; El Paso, TX AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action amends Class E airspace at El Paso, TX. Closure of West Texas Airport has made this action necessary for continued safety and management within the National Airspace System. Additionally, the geographic coordinates for El Paso International Airport and Biggs Army Airfield (AAF), are adjusted correctly noted in the Rule section of this document. This does not affect the boundaries or operating requirements of the airspace.

DATES:

Effective 0901 UTC, March 31, 2016. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES:

FAA Order 7400.9Z, Airspace Designations and Reporting Points, and subsequent amendments can be viewed on line at http://www.faa.gov/air_traffic/publications. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 29591; telephone: 202-267-8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.9Z at NARA, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.

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

FOR FURTHER INFORMATION CONTACT:

Rebecca Shelby, Central Service Center, Operations Support Group, Federal Aviation Administration, Southwest Region, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone: 817-222-5857.

SUPPLEMENTARY INFORMATION: Authority for This Rulemaking

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

History

On June 18, 2015, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to remove Class E airspace extending upward from 700 feet above the surface at West Texas Airport, El Paso, TX, as the airport is now closed (80 FR 34855) Docket No. FAA-2014-1074. Additionally, the FAA identified an error in the geographical coordinates for El Paso International Airport, would be changed from (lat. 31°50′59″ N., long. 106°22′40″ W.) in the proposal to (lat. 31°48′26″ N., long. 106°22′35″ W.) (80 FR 34855). The FAA found the NPRM incorrectly listed the geographic coordinates for Biggs AAF and El Paso International Airport under the Proposal section, but was correctly noted in the airspace designation. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

Class E airspace designations are published in paragraph 6005 of FAA Order 7400.9Z, dated August 6, 2015, and effective September 15, 2015, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

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

The Rule

This action amends Title 14, Code of Federal Regulations (14 CFR), Part 71 by removing Class E airspace extending upward from 700 feet above the surface at West Texas Airport, El Paso, TX. This action is necessary due to the closure of the airport; therefore controlled airspace is no longer needed. Also, the geographic coordinates for El Paso International Airport, are changed to (lat. 31°48′26″ N., long. 106°22′35″ W.), and the coordinates for Biggs AAF are changed to (lat. 31°50′58″ N., long. 106°22′48″ W.), to coincide with the FAAs aeronautical data base.

Regulatory Notices and Analyses

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

Environmental Review

The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures” paragraph 5-6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (Air)

Adoption of the Amendment

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

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

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

§ 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Z, Airspace Designations and Reporting Points, dated August 6, 2015, and effective September 15, 2015, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ASW TX E5 El Paso, TX [Amended] Biggs AAF, (Fort Bliss) (Lat. 31°50′58″ N., long. 106°22′48″ W.). El Paso International Airport, TX (Lat. 31°48′26″ N., long. 106°22′35″ W.) El Paso VORTAC (Lat. 31°48′57″ N., long. 106°16′55″ W.).

Class E airspace extending upward from 700 feet above the surface within a 9.1-mile radius of Biggs AAF, and within a 8.4-mile radius of El Paso International Airport, and within 2 miles each side of the 050° bearing from El Paso International Airport extending from the 8.4-mile radius to 13 miles northeast of the airport, and within 1.6 miles each side of the 093° radial of the El Paso VORTAC extending from the 8.4-mile radius to 7.3 miles east of the VORTAC.

Issued in Fort Worth, TX, on January 7, 2016. Robert W. Beck, Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-00879 Filed 1-20-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 510 and 516 [Docket No. FDA-2015-N-0002] Conditional Approval of a New Animal Drug No Longer in Effect; Masitinib AGENCY:

Food and Drug Administration, HHS.

ACTION:

Final rule.

SUMMARY:

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect that the conditional approval of an application for masitinib mesylate tablets, a new animal drug for a minor use, is no longer in effect.

DATES:

This rule is effective January 21, 2016.

FOR FURTHER INFORMATION CONTACT:

George K. Haibel, Center for Veterinary Medicine (HFV-6), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-402-5689, [email protected].

SUPPLEMENTARY INFORMATION:

FDA is amending the animal drug regulations to reflect that application 141-308 for conditional approval of KINAVET-CA1 (masitinib mesylate) Tablets, a new animal drug for a minor use sponsored by AB Science, 3 Avenue George V, 75008 Paris, France, is no longer in effect.

Elsewhere in this issue of the Federal Register, FDA gave notice that conditional approval of this drug, by operation of law, was no longer in effect as of December 15, 2015.

This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808.

List of Subjects 21 CFR Part 510

Administrative practice and procedure, Animal drugs, Labeling, Reporting and recordkeeping requirements.

21 CFR Part 516

Administrative practice and procedure, Animal drugs, Confidential business information, Reporting and recordkeeping requirements.

Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR parts 510 and 516 are amended as follows:

PART 510—NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 510 continues to read as follows: Authority:

21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e.

§ 510.600 [Amended]
2. In § 510.600, in the table in paragraph (c)(1), remove the entry for “AB Science” and in the table in paragraph (c)(2), remove the entry for “052913”.
PART 516—NEW ANIMAL DRUGS FOR MINOR USE AND MINOR SPECIES 3. The authority citation for 21 CFR part 516 continues to read as follows: Authority:

21 U.S.C. 360ccc-1, 360ccc-2, 371.

§ 516.1318 [Removed]
4. Remove § 516.1318.
Dated: January 14, 2016. Bernadette Dunham, Director, Center for Veterinary Medicine.
[FR Doc. 2016-01100 Filed 1-20-16; 8:45 am] BILLING CODE 4164-01-P
DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 874 [Docket No. FDA-2015-N-4328] Medical Devices; Ear, Nose, and Throat Devices; Classification of the Tympanic Membrane Contact Hearing Aid AGENCY:

Food and Drug Administration, HHS.

ACTION:

Final order.

SUMMARY:

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

DATES:

This order is effective January 21, 2016. The classification was applicable on September 29, 2015.

FOR FURTHER INFORMATION CONTACT:

Cherish Giusto, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 2432, Silver Spring, MD 20993-0002, 301-796-9679, [email protected]

SUPPLEMENTARY INFORMATION: I. Background

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

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

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

On January 5, 2015, EarLens Corporation submitted a request for classification of the EarLensTM Contact Hearing Device under section 513(f)(2) of the FD&C Act. The manufacturer recommended that the device be classified into class II (Ref. 1).

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

Therefore, on September 29, 2015, FDA issued an order to the requestor classifying the device into class II. FDA is codifying the classification of the device by adding 21 CFR 874.3315.

Following the effective date of this final classification order, any firm submitting a premarket notification (510(k)) for a tympanic membrane contact hearing aid will need to comply with the special controls named in this final administrative order.

The device is assigned the generic name tympanic membrane contact hearing aid, and it is identified as a prescription device that compensates for impaired hearing. Amplified sound is transmitted by vibrating the tympanic membrane through a transducer that is in direct contact with the tympanic membrane.

FDA has identified the following risks to health associated specifically with this type of device and the measures required to mitigate these risks:

Table 1—Tympanic Membrane Contact Hearing Aid Risks and Mitigation Measures Identified risks Mitigation methods Adverse Tissue Reactions Biocompatibility. Labeling. Electromagnetic Incompatibility Non-Clinical Performance Testing. Labeling. MRI Incompatibility Labeling. Overheating of Ear Canal or Skin Non-Clinical Performance Testing. Clinical Performance Testing. Labeling. Damage to Eyes from Direct Laser Exposure 1 Labeling. Trauma/Damage to the Ear Canal, Tympanic Membrane, or Middle Ear System Non-Clinical Performance Testing. Clinical Performance Testing. Training. Labeling. Residual Hearing Loss Non-Clinical Performance Testing. Clinical Performance Testing. Labeling. Ear Infections Clinical Performance Testing. Labeling. Vertigo or Tinnitus Clinical Performance Testing. Labeling. Dampening of Residual Hearing When the Device is Turned Off Clinical Performance Testing. Labeling. 1 A tympanic membrane contact hearing aid may contain a Class 1 laser product in its removable external component, which users will remove from their ear when the device is not in use (for example, to sleep or bathe). When being handled off of the ear, it is possible that the user could look directly at the laser. Thus, there is a risk of “damage to eyes from direct laser exposure.” As mitigation, the user should be warned in labeling not to look directly into the laser or aim it at their eyes.

FDA believes that special controls, in combination with the general controls, address these risks to health and provide reasonable assurance of the safety and effectiveness.

Tympanic membrane contact hearing aids are prescription devices restricted to patient use only upon the authorization of a practitioner licensed by law to administer or use the device; see 21 CFR 801.109 (Prescription devices).

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

II. Environmental Impact, No Significant Impact

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

III. Paperwork Reduction Act of 1995

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

IV. Reference

The following reference is on display in the Division of Dockets Management (see ADDRESSES) and is available for viewing by interested persons between 9 a.m. and 4 p.m., Monday through Friday; it is also available electronically at http://www.regulations.gov. FDA has verified the Web site address, as of the date this document publishes in the Federal Register, but Web sites are subject to change over time.

1. DEN150002: De novo Request per 513(f)(2) from EarLens Corporation, dated January 5, 2015. List of Subjects in 21 CFR Part 874

Medical devices.

Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, 21 CFR part 874 is amended as follows:

PART 874—EAR, NOSE, AND THROAT DEVICES 1. The authority citation for 21 CFR part 874 continues to read as follows: Authority:

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

2. Add § 874.3315 to subpart D to read as follows:
§ 874.3315 Tympanic membrane contact hearing aid.

(a) Identification. A tympanic membrane contact hearing aid is a prescription device that compensates for impaired hearing. Amplified sound is transmitted by vibrating the tympanic membrane through a transducer that is in direct contact with the tympanic membrane.

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

(1) The patient contacting components must be demonstrated to be biocompatible.

(2) Non-clinical performance testing must demonstrate that the device performs as intended under anticipated conditions of use, and must include:

(i) Mechanical integrity testing;

(ii) Electrical and thermal safety testing;

(iii) Software verification, validation, and hazard analysis;

(iv) Reliability testing consistent with expected device life;

(v) Electromagnetic compatibility testing; and

(vi) Validation testing of device output and mechanical force applied to the tympanic membrane in a clinically appropriate model.

(3) Clinical performance testing must characterize any adverse events observed during clinical use, and demonstrate that the device performs as intended under anticipated conditions of use.

(4) Professional training must include the ear impression procedure, correct placement, fitting, monitoring, care, and maintenance of the device.

(5) Labeling must include the following:

(i) A detailed summary of the adverse events and effectiveness outcomes from the clinical performance testing;

(ii) Detailed instructions on how to fit the device to the patient;

(iii) Instructions for periodic cleaning of any reusable components;

(iv) Information related to electromagnetic compatibility; and

(v) Patient labeling that includes:

(A) A patient card that identifies if a patient has been fitted with any non-self- removable components of the device and provides relevant information in cases of emergency;

(B) Information on how to correctly use and maintain the device;

(C) The potential risks and benefits associated with the use of the device; and

(D) Alternative treatments.

Dated: January 13, 2016. Leslie Kux, Associate Commissioner for Policy.
[FR Doc. 2016-01090 Filed 1-20-16; 8:45 am] BILLING CODE 4164-01-P
DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 9 [Docket No. TTB-2015-0004; T.D. TTB-132; Ref: Notice No. 148] RIN 1513-AC11 Establishment of the Los Olivos District Viticultural Area AGENCY:

Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION:

Final rule; Treasury decision.

SUMMARY:

The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 22,820-acre “Los Olivos District” viticultural area in Santa Barbara County, California. The viticultural area is located within the Santa Ynez Valley viticultural area and the larger, multicounty Central Coast viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.

DATES:

This final rule is effective February 22, 2016.

FOR FURTHER INFORMATION CONTACT:

Karen A. Thornton, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.

SUPPLEMENTARY INFORMATION: Background on Viticultural Areas TTB Authority

Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe regulations for the labeling of wine, distilled spirits, and malt beverages. The FAA Act provides that these regulations should, among other things, prohibit consumer deception and the use of misleading statements on labels and ensure that labels provide the consumer with adequate information as to the identity and quality of the product. The Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act pursuant to section 1111(d) of the Homeland Security Act of 2002, codified at 6 U.S.C. 531(d). The Secretary has delegated various authorities through Treasury Department Order 120-01, dated December 10, 2013 (superseding Treasury Department Order 120-01, dated January 24, 2003), to the TTB Administrator to perform the functions and duties in the administration and enforcement of these provisions.

Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to establish definitive viticultural areas and regulate the use of their names as appellations of origin on wine labels and in wine advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets forth standards for the preparation and submission of petitions for the establishment or modification of American viticultural areas (AVAs) and lists the approved AVAs.

Definition

Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) defines a viticultural area for American wine as a delimited grape-growing region having distinguishing features, as described in part 9 of the regulations, and a name and a delineated boundary, as established in part 9 of the regulations. These designations allow vintners and consumers to attribute a given quality, reputation, or other characteristic of a wine made from grapes grown in an area to the wine's geographic origin. The establishment of AVAs allows vintners to describe more accurately the origin of their wines to consumers and helps consumers to identify wines they may purchase. Establishment of an AVA is neither an approval nor an endorsement by TTB of the wine produced in that area.

Requirements

Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2)) outlines the procedure for proposing an AVA and provides that any interested party may petition TTB to establish a grape-growing region as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes standards for petitions for the establishment or modification of AVAs. Petitions to establish an AVA must include the following:

• Evidence that the area within the proposed AVA boundary is nationally or locally known by the AVA name specified in the petition;

• An explanation of the basis for defining the boundary of the proposed AVA;

• A narrative description of the features of the proposed AVA affecting viticulture, such as climate, geology, soils, physical features, and elevation, that make the proposed AVA distinctive and distinguish it from adjacent areas outside the proposed AVA boundary;

• The appropriate United States Geological Survey (USGS) map(s) showing the location of the proposed AVA, with the boundary of the proposed AVA clearly drawn thereon; and

• A detailed narrative description of the proposed AVA boundary based on USGS map markings.

Los Olivos District Petition

TTB received a petition from C. Frederic Brander, owner and winemaker of the Brander Vineyard, proposing the establishment of the “Los Olivos District” AVA in Santa Barbara County, California. There are 12 bonded wineries and approximately 47 commercially producing vineyards covering a total of 1,120 acres within the proposed AVA. The proposed Los Olivos District AVA shares its western boundary with the eastern boundary of the Ballard Canyon AVA (27 CFR 9.230) and its eastern boundary with the western boundary of the Happy Canyon of Santa Barbara AVA (27 CR 9.217), but it does not overlap either of these AVAs. It is located within the Santa Ynez Valley viticultural area and the larger, multicounty Central Coast viticultural area.

According to the petition, the distinguishing features of the proposed Los Olivos District AVA include its topography, soils, and climate. The proposed AVA is located on a broad alluvial terrace plain of the Santa Ynez River. The topography of the proposed AVA is relatively uniform, with nearly flat terrain that gently slopes southward toward the Santa Ynez River. The lack of steeply sloped hills reduces the risk of erosion and facilitates mechanical tiling and harvesting in the vineyards. Additionally, the open terrain allows vineyards throughout the proposed AVA to receive uniform amounts of sunlight, rainfall, and temperature-moderating fog because there are no significant hills or mountains within the proposed AVA to block the rainfall and fog or to shade the vineyards. By contrast, the regions surrounding the proposed Los Olivos District all have higher elevations and steep, rugged terrain.

Over 95 percent of the soils within the proposed Los Olivos District AVA are from the Positas-Ballard-Santa Ynez soil association and are derived from alluvium, including Orcutt sand and terrace deposits. The soils are moderately to well drained gravelly fine sandy loams and clay loams with low to moderate fertility. The soils within the proposed AVA drain quickly enough to reduce the risk of root disease but do not drain so excessively as to require frequent irrigation. Soil nutrient levels within the proposed AVA are adequate to produce healthy vines and fruit without promoting excessive growth. By contrast, the majority of soils in the surrounding regions are not from the Positas-Ballard-Santa Ynez soil association and are generally less fertile and drain faster.

Within the Central Coast AVA, where the proposed Los Olivos District AVA is located, temperatures are affected by cooling marine fog. However, the proposed Los Olivos District AVA is located about 30 miles inland from the Pacific Ocean, so much of the marine fog has diminished by the time it reaches the proposed AVA in the late afternoon. The thin fog within the proposed AVA allows the daytime temperatures to rise higher and the nighttime temperatures to drop lower than in the regions farther to the west, where heavy fog is present throughout the day. The region to the east receives even less fog than the proposed AVA, so daytime temperatures rise higher and nighttime temperatures drop lower. The warm daytime temperatures within the proposed AVA encourage fruit maturation and sugar production, and the cool nighttime temperatures minimize acid loss.

Notice of Proposed Rulemaking and Comments Received

TTB published Notice No. 148 in the Federal Register on March 3, 2015 (80 FR 11355), proposing to establish the Los Olivos District AVA. In the document, TTB summarized the evidence from the petition regarding the name, boundary, and distinguishing features for the proposed AVA. The document also compared the distinguishing features of the proposed AVA to the surrounding areas. In Notice No. 148, TTB solicited comments on the accuracy of the name, boundary, and other required information submitted in support of the petition. In addition, TTB solicited comments on whether the geographic features of the proposed Los Olivos District are so distinguishable from the established Santa Ynez Valley AVA and the Central Coast AVA that the proposed AVA should not be part of either established AVA. The comment period closed on May 4, 2015.

In response to Notice No. 148, TTB received 76 comments, all of which supported the establishment of the Los Olivos District AVA, with many citing to its distinct topography, climate, and soils. The comments did not raise any new issues concerning the proposed AVA. TTB received no comments opposing the establishment of the Los Olivos District AVA. TTB also did not receive any comments in response to its question of whether the proposed Los Olivos District AVA is so distinguishable from the established Santa Ynez Valley AVA or the established Central Coast AVA that the proposed AVA should not be part of either established AVA.

TTB Determination

After careful review of the petition and the comment received in response to Notice No. 148, TTB finds that the evidence provided by the petitioner supports the establishment of the Los Olivos District AVA. Accordingly, under the authority of the FAA Act, section 1111(d) of the Homeland Security Act of 2002, and part 4 of the TTB regulations, TTB establishes the “Los Olivos District” AVA in Santa Barbara County, California, effective 30 days from the publication date of this document.

TTB has also determined that the Los Olivos District AVA will remain part of both the established Santa Ynez Valley AVA and the established Central Coast AVA. As discussed in Notice No. 148, the Los Olivos District AVA receives some of the marine breezes and fog that are the primary characteristics of both the Santa Ynez Valley AVA and the Central Coast AVA. However, due to its central location within the Santa Ynez Valley AVA, the Los Olivos District AVA receives less marine air and heavy fog than the western portion of the Santa Ynez Valley AVA, which is closer to the Pacific Ocean, and it receives more cooling breezes and fog than the eastern portion. The topography of the Los Olivos District AVA is also more uniform than that of the Santa Ynez Valley AVA, which has mountains and canyons as well as flatter terrain. Additionally, due to its smaller size, the Los Olivos District AVA is more uniform in its geographical and climatic characteristics than the much larger, multicounty Central Coast AVA.

Boundary Description

See the narrative description of the boundary of the AVA in the regulatory text published at the end of this final rule.

Maps

The petitioner provided the required maps, and they are listed below in the regulatory text.

Impact on Current Wine Labels

Part 4 of the TTB regulations prohibits any label reference on a wine that indicates or implies an origin other than the wine's true place of origin. For a wine to be labeled with an AVA name or with a brand name that includes an AVA name, at least 85 percent of the wine must be derived from grapes grown within the area represented by that name, and the wine must meet the other conditions listed in 27 CFR 4.25(e)(3). If the wine is not eligible for labeling with an AVA name and that name appears in the brand name, then the label is not in compliance and the bottler must change the brand name and obtain approval of a new label. Similarly, if the AVA name appears in another reference on the label in a misleading manner, the bottler would have to obtain approval of a new label. Different rules apply if a wine has a brand name containing an AVA name that was used as a brand name on a label approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details.

With the establishment of this AVA, its name, “Los Olivos District,” is recognized as a name of viticultural significance under § 4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The text of the regulation clarifies this point. Consequently, wine bottlers using the name “Los Olivos District” in a brand name, including a trademark, or in another label reference as to the origin of the wine, will have to ensure that the product is eligible to use the AVA name as an appellation of origin. In Notice No. 148, TTB proposed to recognize “Los Olivos,” standing alone, as a term of viticultural significance. However TTB is not designating “Los Olivos,” standing alone, as a term of viticultural significance in this final rule. We make this change in light of new information concerning the current use of “Los Olivos” on wine labels.

The approval of the Los Olivos District AVA does not affect any existing AVA, and this approval does not affect any bottlers using “Central Coast” or “Santa Ynez Valley” as an appellation of origin or in a brand name for wines made from grapes grown within the Central Coast or Santa Ynez Valley AVAs. The establishment of the Los Olivos District AVA allows vintners to use “Los Olivos District,” “Santa Ynez Valley,” and “Central Coast” as appellations of origin for wines made from grapes grown within the Los Olivos District AVA, if the wines meet the eligibility requirements for the appellation.

Regulatory Flexibility Act

TTB certifies that this regulation will not have a significant economic impact on a substantial number of small entities. The regulation imposes no new reporting, recordkeeping, or other administrative requirement. Any benefit derived from the use of an AVA name would be the result of a proprietor's efforts and consumer acceptance of wines from that area. Therefore, no regulatory flexibility analysis is required.

Executive Order 12866

It has been determined that this final rule is not a significant regulatory action as defined by Executive Order 12866 of September 30, 1993. Therefore, no regulatory assessment is required.

Drafting Information

Karen A. Thornton of the Regulations and Rulings Division drafted this final rule.

List of Subjects in 27 CFR Part 9

Wine.

The Regulatory Amendment

For the reasons discussed in the preamble, TTB amends title 27, chapter I, part 9, Code of Federal Regulations, as follows:

PART 9—AMERICAN VITICULTURAL AREAS 1. The authority citation for part 9 continues to read as follows: Authority:

27 U.S.C. 205.

Subpart C—Approved American Viticultural Areas 2. Add § 9.253 to subpart C to read as follows:
§ 9.253 Los Olivos District.

(a) Name. The name of the viticultural area described in this section is “Los Olivos District”. For purposes of part 4 of this chapter, “Los Olivos District” is a term of viticultural significance.

(b) Approved maps. The four United States Geological Survey (USGS) 1:24,000 scale topographic maps used to determine the boundary of the Los Olivos District viticultural area are titled:

(1) Los Olivos, CA, 1995;

(2) Zaca Creek, Calif., 1959;

(3) Solvang, CA, 1995; and

(4) Santa Ynez, CA, 1995.

(c) Boundary. The Los Olivos District viticultural area is located in Santa Barbara County, California. The boundary of the Los Olivos District viticultural area is as described below:

(1) The beginning point is on the Los Olivos map at the intersection of Foxen Canyon Road with California State Road 154 (known locally as San Marcos Pass Road/Chumash Highway), section 23, T7N/R31W.

(2) From the beginning point, proceed southwesterly in a straight line approximately 0.3 mile, crossing onto the Zaca Creek map, to the intersection of Ballard Canyon Road and an unnamed, unimproved road known locally as Los Olivos Meadows Drive, T7N/R31W; then

(3) Proceed south-southeasterly in a straight line approximately 1 mile, crossing onto the Los Olivos map, to a marked, unnamed structure within a circular-shaped 920-foot contour line in the southwest corner of section 26, T7N/R31W; then

(4) Proceed south-southwesterly in a straight line approximately 1.25 miles, crossing onto the Zaca Creek map, to the point marked by the “Ball” 801-foot elevation control point, T6N/R31W; then

(5) Proceed south-southwesterly in a straight line approximately 1.45 miles, crossing onto the Solvang map, to a marked, unnamed 775-foot peak, T6N/R31W; then

(6) Proceed south-southwesterly in a straight line approximately 0.55 mile to a marked communication tower located within the 760-foot contour line, T6N/R31W; then

(7) Proceed south-southeasterly in a straight line approximately 0.6 mile to the intersection of Chalk Hill Road with an unnamed creek descending from Adobe Canyon, northwest of the unnamed road known locally as Fredensborg Canyon Road, T6N/R31W; then

(8) Proceed southwesterly (downstream) along the creek approximately 1 mile to the creek's intersection with the Santa Ynez River, T6N/R31W; then

(9) Proceed easterly (upstream) along the Santa Ynez River approximately 8 miles, crossing onto the Santa Ynez map, to the river's intersection with State Highway 154, T6N/R30W; then

(10) Proceed north-northwest in a straight line approximately 1.2 miles to the marked 924-foot elevation point, T6R/R30W; then

(11) Proceed north-northwest in a straight line 1.2 miles to the “Y” in an unimproved road 0.1 mile south of the 800-foot contour line, west of Happy Canyon Road, T6R/R30W; then

(12) Proceed north-northwest in a straight line for 0.5 mile, crossing onto the Los Olivos map, and continuing approximately 2.3 miles to the third intersection of the line with the 1,000-foot contour line northwest of BM 812, T7N/R30W; then

(13) Proceed westerly along the meandering 1,000-foot contour line to the contour line's intersection with an unnamed, unimproved road, an unnamed light-duty road, and the northern boundary line of section 23, T7N/R31W; then

(14) Proceed northerly, then westerly, along the unnamed, unimproved road to Figueroa Mountain Road, near the marked 895-foot elevation, T7N/R31W; then

(15) Proceed north on Figueroa Mountain Road approximately 400 feet to the 920-foot contour line, T7N/R31W; then

(16) Proceed initially south, then northwesterly along the meandering 920-foot contour line, crossing onto the Zaca Creek map, to Foxen Canyon Road, T7N/R31W; then

(17) Proceed southeasterly on Foxen Canyon Road approximately 1.7 miles, crossing onto the Los Olivos map, returning to the beginning point.

Signed: December 9, 2015. John J. Manfreda, Administrator. Approved: January 14, 2016. Timothy E. Skud, Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2016-01155 Filed 1-20-16; 8:45 am] BILLING CODE 4810-31-P
DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 560 and Appendix A to Chapter V Iranian Transactions and Sanctions Regulations AGENCY:

Office of Foreign Assets Control, Treasury.

ACTION:

Final rule.

SUMMARY:

The Department of the Treasury's Office of Foreign Assets Control (OFAC) is amending the Iranian Transactions and Sanctions Regulations (ITSR) to implement certain United States Government (USG) commitments under the Joint Comprehensive Plan of Action (JCPOA) reached on July 14, 2015 between the P5+1 (China, France, Germany, Russia, the United Kingdom, and the United States), the European Union (EU), and Iran. In particular, OFAC is adding to the ITSR general licenses authorizing the importation into the United States of, and dealings in, certain Iranian-origin foodstuffs and carpets and related transactions to implement the USG commitment set out in section 5.1.3 of Annex II and section 17.5 of Annex V of the JCPOA. In addition, to reflect the USG's implementation of its commitment set out in section 4 of Annex II and section 17.4 of Annex V of the JCPOA to terminate Executive Order 13622 of July 30, 2012, OFAC is removing regulatory provisions that implemented the blocking sanctions in sections 5 and 6 of Executive Order 13622. OFAC is also making certain technical and conforming changes to its regulations to reflect the implementation of the USG commitment set out in section 4.8.1 of Annex II and section 17.3 of Annex V of the JCPOA to remove the individuals and entities set forth in Attachment 3 to Annex II of the JCPOA from OFAC's Specially Designated Nationals and Blocked Persons List, the Foreign Sanctions Evaders List, and/or the Non-SDN Iran Sanctions Act List, as appropriate, on Implementation Day of the JCPOA.

DATES:

Effective: January 21, 2016

FOR FURTHER INFORMATION CONTACT:

The Department of the Treasury's Office of Foreign Assets Control: Assistant Director for Licensing, tel.: 202-622-2480, Assistant Director for Regulatory Affairs, tel.: 202-622-4855, Assistant Director for Sanctions Compliance & Evaluation, tel.: 202-622-2490; or the Department of the Treasury's Office of the Chief Counsel (Foreign Assets Control), Office of the General Counsel, tel.: 202-622-2410.

SUPPLEMENTARY INFORMATION: Electronic and Facsimile Availability

This document and additional information concerning OFAC are available from OFAC's Web site (www.treasury.gov/ofac). Certain general information pertaining to OFAC's sanctions programs also is available via facsimile through a 24-hour fax-on-demand service, tel.: 202-622-0077.

Background

On July 14, 2015, the P5+1 (China, France, Germany, Russia, the United Kingdom, and the United States), the European Union (EU), and Iran reached a Joint Comprehensive Plan of Action (JCPOA) to ensure that Iran's nuclear program is exclusively peaceful. The JCPOA provides that the United States Government (USG) will undertake the sanctions-related commitments described in sections 17.1 to 17.4 of Annex V of the JCPOA once the International Atomic Energy Agency (IAEA) has verified that Iran has implemented key nuclear-related commitments described in the JCPOA. The date for this sanctions lifting is referred to as “Implementation Day” in the JCPOA. In addition, the JCPOA provides that, on Implementation Day, the USG will license certain activities involving Iran as described in section 5 of Annex II and section 17.5 of Annex V of the JCPOA. OFAC is now amending the Iranian Transactions and Sanctions Regulations, 31 CFR part 560 (ITSR), to implement the USG's commitment pursuant to the JCPOA to license the importation into the United States of Iranian-origin carpets and foodstuffs, including pistachios and caviar, and to make certain technical and conforming changes to reflect the implementation of other USG JCPOA commitments on Implementation Day, as set forth below.

Importation of Certain Foodstuffs and Carpets

To implement the USG commitment set out in section 5.1.3 of Annex II and section 17.5 of Annex V of the JCPOA to license the importation into the United States of Iranian-origin carpets and foodstuffs, including pistachios and caviar, OFAC is adding § 560.534 to the ITSR to authorize by general license the importation into the United States of, and dealings in, certain Iranian-origin foodstuffs and carpets from Iran or a third country. OFAC's publication of this general license as an amendment to the ITSR fulfills the requirements of section 103(d)(2)(A) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, as amended, (Pub. L. 111-195) (22 U.S.C. 8501-8551) (CISADA). In addition, to fulfill the requirements of section 103(d)(2)(B) of CISADA, the Secretary of State is submitting to the appropriate congressional committees a certification in writing that it is in the national interest of the United States to provide an exception to the prohibition on the importation of Iranian-origin goods to the extent required to implement the sanctions commitment described in section 5.1.3 of Annex II of the JCPOA and a report describing the reasons for this exception.

Section 560.534(a) authorizes the importation into the United States of Iranian-origin foodstuffs intended for human consumption that are classified under chapters 2-23 of the Harmonized Tariff Schedule of the United States (HTS). Items that are classified in chapters 2-23 of the HTS that are not foodstuffs intended for human consumption are not authorized for importation into the United States by this section. This section also authorizes the importation into the United States of Iranian-origin carpets and other textile floor coverings and carpets used as wall hangings that are classified under chapter 57 or heading 9706.00.0060 of the HTS. Items that are classified under heading 9706.00.0060 (“Antiques of an age exceeding one hundred years/Other”) that are not carpets and other textile wall coverings or carpets used as wall hangings are not authorized for importation into the United States by this section.

Section 560.534(b) authorizes U.S. persons, wherever located, to engage in transactions or dealings in or related to such Iranian-origin foodstuffs and carpets, provided that such transactions or dealings do not involve or relate to goods, technology, or services for exportation, reexportation, sale, or supply, directly or indirectly, to Iran, the Government of Iran, an Iranian financial institution, or any other person whose property and interests in property are blocked pursuant to § 560.211 of the ITSR, other than services described in § 560.405 (“Transactions ordinarily incident to a licensed transaction authorized”) and transfers of funds described in § 560.516 (“Transfers of funds involving Iran”). Section 560.534(c) clarifies that § 560.534(a)-(b) does not authorize the importation into the United States of goods that are under seizure or detention by the Department of Homeland Security, or of goods for which forfeiture proceedings have commenced or of goods that have been forfeited to the U.S. Government. Section 560.534(d) clarifies that nothing in § 560.534 authorizes the debiting or crediting of Iranian accounts, as defined in § 560.320.

Transactions ordinarily incident to the transactions authorized in § 560.534 and necessary to give effect thereto also are authorized as set forth in § 560.405. OFAC is amending § 560.405 by inserting new paragraph (f), which clarifies that the scope of authorized incidental transactions does not include letter of credit services relating to transactions authorized in § 560.534. Those letter of credit services that are authorized are set forth separately in paragraphs (a) and (b) of § 560.535, which OFAC is also adding to the ITSR. Please see §§ 560.405(b) and 560.516 regarding transfers of funds in connection with licensed activities. Brokering services relating to transactions authorized by this final rule also are authorized. See § 560.535(c).

Executive Order 13622

On July 30, 2012, the President, invoking the authority of, inter alia, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), issued Executive Order (E.O.) 13622. Section 5 of E.O. 13622 blocked “all property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of” any U.S. person, including any foreign branch, of any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, the National Iranian Oil Company (NIOC), the Naftiran Intertrade Company (NICO), or the Central Bank of Iran, or the purchase or acquisition of U.S. bank notes or precious metals by the Government of Iran. Section 6 of E.O. 13622 provided that subsection 5(a) of E.O. 13622, among other specified provisions, shall not apply with respect to any person for conducting or facilitating a transaction involving a natural gas development and pipeline project initiated prior to July 31, 2012, to bring gas from Azerbaijan to Europe and Turkey in furtherance of a production sharing agreement or license awarded by a sovereign government other than the Government of Iran. On December 26, 2012, OFAC published a final rule in the Federal Register (77 FR 75845) that, inter alia, implemented sections 5 and 6 of E.O. 13622 by amending § 560.211 of the ITSR to add paragraph (c)(2) and a corresponding note.

Pursuant to its Implementation Day commitment set out in section 4 of Annex II and section 17.4 of Annex V of the JCPOA, the United States Government has revoked E.O. 13622. Accordingly, OFAC is amending § 560.211 of the ITSR by removing paragraph (c)(2) and the Note to paragraph (c)(2), which implemented sections 5 and 6 of E.O. 13622, respectively.

Technical and Conforming Changes

OFAC is also making certain technical and conforming changes to 31 CFR chapter V to reflect the implementation of the USG commitment set out in section 4.8.1 of Annex II and section 17.3 of Annex V of the JCPOA. Pursuant to that commitment, on Implementation Day, OFAC is removing individuals and entities identified in Attachment 3 to Annex II of the JCPOA from the Specially Designated Nationals and Blocked Persons List (SDN List), the Foreign Sanctions Evaders List, and/or the Non-SDN Iran Sanctions Act List, as appropriate. The individuals and entities being removed from the SDN List include persons that OFAC has previously identified as blocked pursuant to E.O. 13599 of February 5, 2012 (“Blocking Property of the Government Iran and Iranian Financial Institutions”) because they meet the definition of the terms “Government of Iran” or “Iranian financial institution.” These individuals and entities are marked with an asterisk in Attachment 3 to Annex II of the JCPOA. Non-U.S. persons will no longer be subject to secondary sanctions, including under relevant provisions of the Iran Freedom and Counter-Proliferation Act of 2012 and other applicable authorities, for engaging in transactions or activities with these individuals and entities, provided that the transactions do not include conduct that remains sanctionable or individuals or entities that remain on the SDN List. However, these individuals and entities being removed from the SDN List remain persons whose property and interests in property that are in the U.S., or that are or come within the possession or control of any U.S. person, are blocked pursuant to E.O. 13599. While OFAC is removing these persons from the SDN List on Implementation Day, they will now be included on a “List of Persons Identified as Blocked Solely Pursuant to Executive Order 13599” (E.O. 13599 List), which OFAC is making available on its Web site: www.treasury.gov/resource-center/sanctions/Programs/Pages/13599_list.aspx. To reflect these changes, OFAC is revising notes in §§ 560.211 and 560.304 of the ITSR, adding a new note to § 560.324 of the ITSR, and revising a note to appendix A to 31 CFR chapter V.

Public Participation

Because the amendment of the ITSR involves a foreign affairs function, the provisions of Executive Order 12866 and the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, opportunity for public participation, and delay in effective date are inapplicable. Because no notice of proposed rulemaking is required for this rule, the Regulatory Flexibility Act (5 U.S.C. 601-612) does not apply.

Paperwork Reduction Act

The collections of information related to the ITSR are contained in 31 CFR part 501 (the “Reporting, Procedures and Penalties Regulations”). Pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), those collections of information have been approved by the Office of Management and Budget under control number 1505-0164. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number.

List of Subjects in 31 CFR Part 560 and Appendix A to Chapter V

Administrative practice and procedure, Banks, Banking, Carpet, Foodstuffs, Iran, Letters of credit.

For the reasons set forth in the preamble, the Department of the Treasury's Office of Foreign Assets Control amends 31 CFR chapter V as follows:

PART 560—IRANIAN TRANSACTIONS AND SANCTIONS REGULATIONS 1. The authority citation for part 560 is revised to read as follows: Authority:

3 U.S.C. 301; 18 U.S.C. 2339B, 2332d; 22 U.S.C. 2349aa-9; 22 U.S.C. 7201-7211; 31 U.S.C. 321(b); 50 U.S.C. 1601-1651, 1701-1706; Public Law 101-410, 104 Stat. 890 (28 U.S.C. 2461 note); Public Law 110-96, 121 Stat. 1011 (50 U.S.C. 1705 note); Public Law 111-195, 124 Stat. 1312 (22 U.S.C. 8501-8551); Public Law 112-81, 125 Stat. 1298 (22 U.S.C. 8513a); Public Law 112-158, 126 Stat. 1214 (22 U.S.C. 8701-8795); E.O. 12613, 52 FR 41940, 3 CFR, 1987 Comp., p. 256; E.O. 12957, 60 FR 14615, 3 CFR, 1995 Comp., p. 332; E.O. 12959, 60 FR 24757, 3 CFR, 1995 Comp., p. 356; E.O. 13059, 62 FR 44531, 3 CFR, 1997 Comp., p. 217; E.O. 13599, 77 FR 6659, 3 CFR, 2012 Comp., p. 215; E.O. 13628, 77 FR 62139, 3 CFR, 2012 Comp., p. 314.

Subpart B—Prohibitions 2. Amend § 560.211 by removing the word “or” from the end of paragraph (c)(1), removing and reserving paragraph (c)(2), removing the note to paragraph (c)(2), and revising notes 1 and 2 to paragraphs (a) through (c) to read as follows:
§ 560.211 Prohibited transactions involving blocked property. Note 1 to paragraphs (a) through (c) of § 560.211:

The names of persons identified by the Office of Foreign Assets Control (OFAC) as blocked solely pursuant to Executive Order 13599 of February 5, 2012 (“Blocking Property of the Government Iran and Iranian Financial Institutions”) (E.O. 13599) because they meet the definition of the terms “Government of Iran” or “Iranian financial institution,” whose property and interests in property therefore are blocked pursuant to this section, are published in the Federal Register and incorporated into the “List of Persons Identified as Blocked Solely Pursuant to Executive Order 13599”) (E.O. 13599 List). The E.O. 13599 List is accessible through the following page on OFAC's Web site: www.treasury.gov/resource-center/sanctions/Programs/Pages/13599_list.aspx. The names of persons identified as blocked or designated for blocking pursuant to both this part and one or more other parts of this chapter are published in the Federal Register and incorporated into OFAC's Specially Designated Nationals and Blocked Persons List (SDN List) with the identifier “[IRAN]” as well as the relevant identifier(s) for the other sanctions program(s) pursuant to which the persons' property and interests in property are blocked. The SDN List is accessible through the following page on OFAC's Web site: www.treasury.gov/sdn. Additional information pertaining to the E.O. 13599 List and the SDN List can be found in appendix A to this chapter. See § 560.425 concerning entities that may not be listed on the E.O. 13599 List or on the SDN List but whose property and interests in property are nevertheless blocked pursuant to this section. E.O. 13599 blocks the property and interests in property of the Government of Iran and Iranian financial institutions as defined in §§ 560.304 and 560.324, respectively. The property and interests in property of persons falling within the definition of the terms Government of Iran and Iranian financial institution are blocked pursuant to this section regardless of whether the names of such persons are published in the Federal Register or incorporated into the E.O. 13599 List or the SDN List.

Note 2 to paragraphs (a) through (c) of § 560.211:

The International Emergency Economic Powers Act (50 U.S.C. 1701-1706), in section 203 (50 U.S.C. 1702), authorizes the blocking of property and interests in property of a person during the pendency of an investigation. The names of persons whose property and interests in property are blocked pending investigation pursuant to this section also are published in the Federal Register and incorporated into the E.O. 13599 List or the SDN List, as appropriate, with the identifier “[BPI-IRAN].”

Subpart C—General Definitions 3. Amend § 560.304 by revising Note 1 to § 560.304 to read as follows:
§ 560.304 Government of Iran. Note 1 to § 560.304:

The names of persons that the Office of Foreign Assets Control (OFAC) has determined fall within this definition are published in the Federal Register and incorporated into one of two lists maintained by OFAC. First, the names of persons identified as blocked solely pursuant to Executive Order 13599 of February 5, 2012 (“Blocking Property of the Government Iran and Iranian Financial Institutions”) (E.O. 13599) and § 560.211 because they meet the definition of the term “Government of Iran” are incorporated into the “List of Persons Identified as Blocked Solely Pursuant to Executive Order 13599”) (E.O. 13599 List). The E.O. 13599 List is accessible through the following page on OFAC's Web site: www.treasury.gov/resource-center/sanctions/Programs/Pages/13599_list.aspx. Second, the names of persons identified as blocked pursuant to E.O. 13599 and § 560.211 who are also blocked pursuant to one or more other parts of this chapter are incorporated into OFAC's Specially Designated Nationals and Blocked Persons List (SDN List) with the identifier “[IRAN]” as well as the relevant identifier(s) for the other sanctions program(s) pursuant to which the persons' property and interests in property are blocked. The SDN List is accessible through the following page on the OFAC's Web site: www.treasury.gov/sdn. However, the property and interests in property of persons falling within the definition of the term Government of Iran are blocked pursuant to § 560.211 regardless of whether the names of such persons are published in the Federal Register or incorporated into the E.O. 13599 List or the SDN List.

4. Section 560.324 is amended by adding Notes 1 and 2 to § 560.324 to read as follows:
§ 560.324 Iranian financial institution. Note 1 to § 560.324:

The names of persons that the Office of Foreign Assets Control (OFAC) has determined fall within this definition are published in the Federal Register and incorporated into one of two lists maintained by the OFAC. First, the names of persons identified as blocked solely pursuant to Executive Order 13599 of February 5, 2012 (“Blocking Property of the Government Iran and Iranian Financial Institutions”) (E.O. 13599) and § 560.211 because they meet the definition of the term “Iranian financial institution” are incorporated into the “List of Persons Identified as Blocked Solely Pursuant to Executive Order 13599”) (E.O. 13599 List). The E.O. 13599 List is accessible through the following page on OFAC's Web site: www.treasury.gov/resource-center/sanctions/Programs/Pages/13599_list.aspx. Second, the names of persons identified as blocked pursuant to E.O. 13599 and § 560.211 who are also blocked pursuant to one or more other parts of this chapter are incorporated into OFAC's Specially Designated Nationals and Blocked Persons List (SDN List) with the identifier “[IRAN]” as well as the relevant identifier(s) for the other sanctions program(s) pursuant to which the persons' property and interests in property are blocked. The SDN List is accessible through the following page on OFAC's Web site: www.treasury.gov/sdn. However, the property and interests in property of persons falling within the definition of the term Iranian financial institution are blocked pursuant to § 560.211 regardless of whether the names of such persons are published in the Federal Register or incorporated into the E.O. 13599 List or the SDN List.

Note 2 to § 560.324:

Section 501.807 of this chapter describes the procedures to be followed by persons seeking administrative reconsideration of OFAC's determination that they fall within the definition of the term Iranian financial institution.

Subpart D—Interpretations 5. Amend § 560.405 by removing the word “and” at the end of paragraph (d), removing the period at the end of paragraph (e) and adding “; and” in its place, and adding paragraph (f) to read as follows:
§ 560.405 Transactions ordinarily incident to a licensed transaction authorized.

(f) Letter of credit services relating to transactions authorized in § 560.534. See § 560.535(a).

Subpart E—Licenses, Authorizations, and Statements of Licensing Policy 6. Add § 560.534 to subpart E to read as follows:
§ 560.534 Importation into the United States of, and dealings in, certain foodstuffs and carpets authorized.

(a) The importation into the United States, from Iran or a third country, of the following goods of Iranian origin is authorized:

(1) Foodstuffs intended for human consumption that are classified under chapters 2-23 of the Harmonized Tariff Schedule of the United States;

(2) Carpets and other textile floor coverings and carpets used as wall hangings that are classified under chapter 57 or heading 9706.00.0060 of the Harmonized Tariff Schedule of the United States.

(b) United States persons, wherever located, are authorized to engage in transactions or dealings in or related to the categories of Iranian-origin goods described in paragraph (a) of this section, provided that the transaction or dealing does not involve or relate to goods, technology, or services for exportation, reexportation, sale, or supply, directly or indirectly, to Iran, the Government of Iran, an Iranian financial institution, or any other person whose property and interests in property are blocked pursuant to § 560.211, other than services described in § 560.405 (“Transactions ordinarily incident to a licensed transaction authorized”) and transfers of funds described in § 560.516 (“Transfers of funds involving Iran”).

(c) This general license does not authorize the importation into the United States of goods that are under seizure or detention by the Department of Homeland Security, as of January 21, 2016, pursuant to Customs regulations or other applicable provisions of law, until any applicable penalties, charges, duties, or other conditions are satisfied. This general license does not authorize the importation into the United States of goods for which forfeiture proceedings have commenced or of goods that have been forfeited to the U.S. Government, other than through U.S. Customs and Border Protection disposition, including by selling at auction.

(d) Iranian accounts. Nothing in this section authorizes debits or credits to Iranian accounts, as defined in § 560.320.

7. Add § 560.535 to subpart E to read as follows:
§ 560.535 Letters of credit and brokering services relating to certain foodstuffs and carpets.

(a) Purchases from Iran or the Government of Iran or certain other blocked persons. United States depository institutions are authorized to issue letters of credit in favor of a beneficiary in Iran, the Government of Iran, an Iranian financial institution, or any other person whose property and interests in property are blocked pursuant to § 560.211 to pay for purchases from Iran or the Government of Iran of the categories of Iranian-origin goods described in § 560.534(a), provided that such letters of credit are not advised, negotiated, paid, or confirmed by the Government of Iran, an Iranian financial institution, or any other person whose property and interests in property are blocked pursuant to § 560.211.

(b) Transactions or dealings in Iranian-origin goods located in third countries, other than purchases from the Government of Iran or certain other blocked persons. United States depository institutions are authorized to issue, advise, negotiate, or confirm letters of credit to pay for transactions in or related to Iranian-origin goods described in § 560.534(a) and located in a third-country, other than purchases from the Government of Iran, an Iranian financial institution, or any other person whose property and interests in property are blocked pursuant to § 560.211, provided that such letters of credit are not issued, advised, negotiated, paid, or confirmed by the Government of Iran, an Iranian financial institution, or any other person whose property and interests in property are blocked pursuant to § 560.211.

(c) Brokering. United States persons, wherever located, are authorized to act as brokers for the purchase or sale of the categories of Iranian-origin goods described in § 560.534(a), provided that the goods are not for exportation, reexportation, sale, or supply, directly or indirectly, to Iran, the Government of Iran, an Iranian financial institution, or any other person whose property and interests in property are blocked pursuant to § 560.211.

(d) Iranian accounts. Nothing in this section authorizes debits or credits to Iranian accounts, as defined in § 560.320.

Note to § 560.535:

See §§ 560.304 and 560.313 for information relating to individuals and entities that are included within the definition of the term Government of Iran and § 560.324 regarding entities included within the definition of the term Iranian financial institution. See § 560.516 for information relating to authorized transfers to Iran by U.S. depository institutions relating to licensed transactions.

Appendix A to Chapter V—[Amended]
8. The authority citation for appendix A to chapter V is revised to read as follows: Authority:

3 U.S.C. 301; 8 U.S.C. 1182, 1189; 18 U.S.C. 2339 B; 21 U.S.C. 1901-1908; 22 U.S.C. 287 c; 31 U.S.C. 321(b); 50 U.S.C. App. 1-44; Public Law 110-286, 122 Stat. 2632 (50 U.S.C. 1701 note); Public Law 111-195, 124 Stat. 1312 (22 U.S.C. 8501-8551); Public Law 112-81, 125 Stat. 1298 (22 U.S.C. 8513a); Public Law 112-158, 126 Stat. 1214 (22 U.S.C. 8701-8795); Public Law 112-208, 126 Stat. 1502; Public Law 113-278, 128 Stat. 3011 (50 U.S.C. 1701 note).

9. Revise note 8 to appendix A to chapter V to read as follows: Appendix A to Chapter V—Information Pertaining to the Specially Designated Nationals and Blocked Persons List

8. The SDN List includes the names of persons determined to be the Government of Iran, an Iranian financial institution, or any other person whose property and interests in property are blocked pursuant to § 560.211 of the Iranian Transactions and Sanctions Regulations, 31 CFR part 560 (ITSR), only when the property and interests in property of such persons are also blocked pursuant to one or more other parts of this chapter. The SDN List entries for such persons include the identifier “[IRAN]” as well as the relevant identifier(s) for the other sanctions program(s) pursuant to which the persons' property and interests in property are blocked. The names of persons identified as blocked solely pursuant to Executive Order 13599 of February 5, 2012 (“Blocking Property of the Government Iran and Iranian Financial Institutions”) (E.O. 13599) and § 560.211 of the ITSR because they meet the definition of the terms Government of Iran or Iranian financial institution under the ITSR are incorporated into the “List of Persons Identified as Blocked Solely Pursuant to Executive Order 13599” (E.O. 13599 List). The E.O. 13599 List is accessible through the following page on the Office of Foreign Assets Control's Web site: www.treasury.gov/resource-center/sanctions/Programs/Pages/13599_list.aspx. U.S. persons are advised to review 31 CFR part 560 prior to engaging in transactions involving persons included on the E.O. 13599 List or the SDN List with the identifier “[IRAN].” Moreover, the prohibitions set forth in the ITSR, and the compliance obligations, with respect to persons who fall within the definition of the terms Government of Iran or Iranian financial institution set forth in §§ 560.304 and 560.324 of the ITSR, respectively, apply regardless of whether such persons are identified on the E.O. 13599 List or the SDN List.

John E. Smith, Acting Director, Office of Foreign Assets Control.
[FR Doc. 2016-01227 Filed 1-19-16; 4:15 pm] BILLING CODE 4810-AL-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2016-0019] Security Zones; Annual Events in the Captain of the Port Detroit Zone-North American International Auto Show, Detroit River, Detroit MI AGENCY:

Coast Guard, DHS.

ACTION:

Notice of enforcement of regulation.

SUMMARY:

The Coast Guard will enforce a security zone associated with the North American International Auto Show, Detroit River, Detroit, MI. This security zone is intended to restrict vessels from a portion of the Detroit River in order to ensure the safety and security of participants, visitors, and public officials at the North American International Auto Show (NAIAS), which is being held at Cobo Hall in downtown Detroit, MI. Vessels in close proximity to the security zone will be subject to increased monitoring and boarding during the enforcement of the security zone. No person or vessel may enter the security zone while it is being enforced without permission of the Captain of the Port Detroit.

DATES:

The security zone regulation described in 33 CFR 165.915(a)(3) is effective without actual notice from January 21, 2016 through 11:59 p.m. on January 24, 2016. For purposes of enforcement, actual notice will be used from 8 a.m. on January 11, 2016 through January 21, 2016.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this document, call or email LCDR Nicholas Seniuk, Prevention, U.S. Coast Guard Sector Detroit, 110 Mount Elliot Ave., Detroit, MI 48207; telephone (313) 568-9508; email [email protected].

SUPPLEMENTARY INFORMATION:

The Coast Guard will enforce the North American International Auto Show, Detroit River, Detroit, MI security zone listed in 33 CFR 165.915(a)(3). This security zone includes all waters of the Detroit River encompassed by a line beginning at a point of origin on land adjacent to the west end of Joe Louis Arena at 42°19.44′ N., 083°03.11′ W.; then extending offshore approximately 150 yards to 42°19.39′ N., 083°03.07′ W.; then proceeding upriver approximately 2000 yards to a point at 42°19.72′ N., 083°01.88′ W.; then proceeding onshore to a point on land adjacent the Tricentennial State Park at 42°19.79′ N., 083°01.90′ W.; then proceeding downriver along the shoreline to connect back to the point of origin. All coordinates are North American Datum 1983.

All persons and vessels shall comply with the instructions of the Captain of the Port Detroit or his designated on-scene representative, who may be contacted via VHF Channel 16.

Under the provisions of 33 CFR 165.33, no person or vessel may enter or remain in this security zone without the permission of the Captain of the Port Detroit. Each person and vessel in this security zone shall obey any direction or order of the Captain of the Port Detroit. The Captain of the Port Detroit may take possession and control of any vessel in this security zone. The Captain of the Port Detroit may remove any person, vessel, article, or thing from this security zone. No person may board, or take or place any article or thing on board any vessel in this security zone without the permission of the Captain of Port Detroit. No person may take or place any article or thing upon any waterfront facility in this security zone without the permission of the Captain of the Port Detroit.

Vessels that wish to transit through this security zone shall request permission from the Captain of the Port Detroit or his designated representative. Requests must be made in advance and approved by the Captain of Port before transits will be authorized. Approvals may be granted on a case by case basis. The Captain of the Port may be contacted via U.S. Coast Guard Sector Detroit on channel 16, VHF-FM. The Coast Guard will give notice to the public via Local Notice to Mariners and VHF radio broadcasts that the regulation is in effect.

This document is issued under authority of 33 CFR 165.915 and 5 U.S.C. 552(a). If the Captain of the Port determines that this security zone need not be enforced for the full duration stated in this document; he may suspend such enforcement and notify the public of the suspension via a Broadcast Notice to Mariners.

Dated: January 8, 2016. Raymond Negron, Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2016-01190 Filed 1-20-16; 8:45 am] BILLING CODE 9110-04-P
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2015-0464; FRL-9939-78-Region 5] Air Plan Approval; Wisconsin; Wisconsin State Board Requirements AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Final rule.

SUMMARY:

The Environmental Protection Agency (EPA) is finalizing approval of state implementation plan (SIP) submissions from Wisconsin regarding the state board requirements under section 128 of the Clean Air Act (CAA). EPA is also approving elements of SIP submissions from Wisconsin regarding the infrastructure requirements of section 110, relating to state boards for the 1997 ozone, 1997 fine particulate (PM2.5), 2006 PM2.5, 2008 lead (Pb), 2008 ozone, 2010 nitrogen dioxide (NO2), and 2010 sulfur dioxide (SO2) National Ambient Air Quality Standards (NAAQS). The proposed rulemaking associated with this final action was published on September 11, 2015, and EPA received no comments during the comment period, which ended on October 13, 2015.

DATES:

This final rule is effective on February 22, 2016.

ADDRESSES:

EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2015-0464. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Eric Svingen, Environmental Engineer, at (312) 353-4489 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT:

Eric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-4489, [email protected].

SUPPLEMENTARY INFORMATION:

Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA. This supplementary information section is arranged as follows:

I. What is the background of these SIP submissions? II. What guidance is EPA using to evaluate these SIP submissions? III. What is the result of EPA's review of these SIP submissions? IV. What action is EPA taking? V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. What is the background of these SIP submissions?

This rulemaking addresses submissions from the Wisconsin Department of Natural Resources (WDNR) dated July 2, 2015. These submissions are intended to address CAA requirements relating to the state board requirements under section 128, as well as infrastructure requirements of section 110, relating to state boards for the 1997 ozone, 1997 PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

The requirement for states to make infrastructure SIP submissions arises out of CAA section 110(a)(1). Pursuant to section 110(a)(1), states must make SIP submissions “within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof),” and these SIP submissions are to provide for the “implementation, maintenance, and enforcement” of such NAAQS. The statute directly imposes on states the duty to make these SIP submissions, and the requirement to make the submissions is not conditioned upon EPA's taking any action other than promulgating a new or revised NAAQS. Section 110(a)(2) includes a list of specific elements that “[e]ach such plan” submission must address.

EPA has historically referred to these SIP submissions made for the purpose of satisfying the requirements of CAA section 110(a)(1) and (2) as “infrastructure SIP” submissions. Although the term “infrastructure SIP” does not appear in the CAA, EPA uses the term to distinguish this particular type of SIP submission from submissions that are intended to satisfy other SIP requirements under the CAA. This specific rulemaking is only taking action on the CAA 110(a)(2)(E)(ii) element of these infrastructure SIP requirements, which is the only infrastructure SIP element addressed in WDNR's submittal dated July 2, 2015.

II. What guidance is EPA using to evaluate these SIP submissions?

EPA's guidance for these submissions is highlighted in an October 2, 2007, guidance document entitled “Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.51 National Ambient Air Quality Standards” (2007 Guidance). Further guidance is provided in a September 13, 2013, document entitled “Guidance on Infrastructure State Implementation Plan (SIP) Elements under CAA Sections 110(a)(1) and (2)” (2013 Guidance).

1 PM2.5 refers to particles with an aerodynamic diameter of less than or equal to 2.5 micrometers, oftentimes referred to as “fine” particles.

III. What is the result of EPA's review of these SIP submissions?

Pursuant to section 110(a), states must provide reasonable notice and opportunity for public hearing for all infrastructure SIP submissions. WDNR provided notice of a public comment period on May 9, 2015, held a public hearing at WDNR State Headquarters on June 9, 2015, and closed the public comment period on June 11, 2015. No comments were received.

Wisconsin provided a detailed synopsis of how various components of its SIP meet each of the applicable requirements in section 128 and 110(a)(2)(E)(ii) for the 1997 ozone, 1997 PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS, as applicable.

On September 11, 2015 (80 FR 54744), EPA published a proposed rule that would approve these submissions into Wisconsin's SIP. This proposed rule contained a detailed evaluation of how Wisconsin's submissions satisfy certain requirements under CAA sections 110 and 128. No comments were received. Therefore, EPA is finalizing this rule as proposed.

IV. What action is EPA taking?

EPA is taking final action to incorporate Wis. Stats. 15.05, 19.45(2), and 19.46 into Wisconsin's SIP. EPA is further approving these submissions as meeting CAA obligations under section 128, as well as 110(a)(2)(E)(ii) for the 1997 ozone, 1997 PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

V. Incorporation by Reference

In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Wisconsin Regulations described in the amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information).

VI. Statutory and Executive Order Reviews

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

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

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

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

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

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

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

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

• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and

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

In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

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. 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 March 21, 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, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides.

Dated: November 23, 2015. Susan Hedman, Regional Administrator, Region 5.

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.

2. Section 52.2570 is amended by adding paragraph (c)(134) to read as follows:
§ 52.2570 Identification of plan.

(c) * * *

(134) On July 2, 2015, the Wisconsin Department of Natural Resources submitted a request to revise the State Implementation Plan to satisfy the state board requirements under section 128 of the Clean Air Act.

(i) Incorporation by reference.

(A) Wisconsin Statutes, section 15.05 Secretaries, as revised by 2013 Wisconsin Act 20, enacted on June 30, 2013. (A copy of 2013 Wisconsin Act 20 is attached to section 15.05 to verify the enactment date.)

(B) Wisconsin Statutes, section 19.45(2), as revised by 1989 Wisconsin Act 338, enacted on April 27, 1990. (A copy of 1989 Wisconsin Act 338 is attached to section 19.45(2) to verify the enactment date.)

(C) Wisconsin Statutes, section 19.46 Conflict of interest prohibited; exception, as revised by 2007 Wisconsin Act 1, enacted on February 2, 2007. (A copy of 2007 Wisconsin Act 1 is attached to section 19.46 to verify the enactment date.)

3. Section 52.2591 is amended by adding paragraph (j) to read as follows:
§ 52.2591 Section 110(a)(2) infrastructure requirements.

(j) Approval—In a July 2, 2015, submission, Wisconsin certified that the state has satisfied the infrastructure SIP requirements of section 110(a)(2)(E)(ii) for the 1997 ozone, 1997 PM2.5, 2006 PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010 SO2 NAAQS.

[FR Doc. 2016-01015 Filed 1-20-16; 8:45 am] BILLING CODE 6560-50-P
DEPARTMENT OF HOMELAND SECURITY Coast Guard 46 CFR Part 15 [Docket No. USCG-2015-0758] RIN 1625-AC25 Offshore Supply Vessels, Towing Vessel, and Barge Engine Rating Watches AGENCY:

Coast Guard, DHS.

ACTION:

Direct final rule; confirmation of effective date.

SUMMARY:

On October 26, 2015, the Coast Guard published a direct final rule, which notified the public of our intent to amend merchant mariner manning regulations to align them with statutory changes made by the Howard Coble Coast Guard and Maritime Transportation Act of 2014. The Act allows oilers serving on certain offshore support vessels, towing vessels, and barges to be divided into at least two watches. The change would increase the sea service credit affected mariners are permitted to earn for each 12-hour period of work from one day to one and a half days. The rule will go into effect as scheduled.

DATES:

The effective date of the direct final rule published at 80 FR 65165 on October 26, 2015 is confirmed as January 25, 2016.

FOR FURTHER INFORMATION CONTACT:

Mr. Davis Breyer, Marine Personnel Qualifications Division (CG-OES-1), Coast Guard; email [email protected], telephone (202) 372-1445.

SUPPLEMENTARY INFORMATION:

We received two comments in response to the direct final rule (DFR). The two comments we received were either not adverse or separable from and not within the scope of the rulemaking.

One commenter supported the rule and thanked the Coast Guard for its prompt action. Another commenter titled its comment as “adverse” and requested that the Coast Guard withdraw the DFR. The commenter agreed that “the Coast Guard is obliged to align Coast Guard regulations with the statutes” and did not oppose the changes to the regulation. The commenter argued, rather, that the Coast Guard should delay the rulemaking indefinitely and seek new legislation from Congress that limits every merchant mariner to serving a uniform maximum of 12 hours in a 24 hour period, except in an emergency.

The DFR conforms Coast Guard regulations to existing law, under which affected mariners may earn one and a half days sea service credit for each 12-hour period of work. The commenter did not oppose granting such mariners such credit for time worked. Instead, the commenter took issue with the absence of statutory restrictions on the length of time certain mariners may be required to work. The commenter advocated that the Coast Guard delay updating the regulations and request that Congress amend the statute further.

The DFR stated that “we may adopt, as final, those parts of this rule on which no adverse comment was received.” 80 FR 65166. The commenter's requests are separable from the rule and raises issues well outside the scope of the rule. The rule will therefore go into effect as scheduled.

Dated: January 14, 2016. J.G. Lantz, Director, Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2016-01101 Filed 1-20-16; 8:45 am] BILLING CODE P
DEPARTMENT OF COMMERCE National Telecommunications and Information Administration 47 CFR Part 301 [Docket No. 160108022-6022-01] RIN 0660-AA31 Implementing Certain Provisions of the Spectrum Pipeline Act With Respect to the Duties of the Technical Panel AGENCY:

National Telecommunications and Information Administration.

ACTION:

Final rule.

SUMMARY:

The National Telecommunications and Information Administration (NTIA) amends its regulations with respect to the duties of the Technical Panel to include the new responsibility for review and approval of plans submitted by federal entities that request funding from the Spectrum Relocation Fund for the purposes set forth in Section 1005(a)(2) of the Spectrum Pipeline Act of 2015.

DATES:

The final rule becomes effective on January 21, 2016.

FOR FURTHER INFORMATION CONTACT:

Milton Brown, NTIA, (202) 482-1816 or [email protected] Please direct media inquiries to NTIA's Office of Public Affairs, (202) 482-7002 or [email protected]

SUPPLEMENTARY INFORMATION: Authority:

National Telecommunications and Information Administration Organization Act, 47 U.S.C. 901 et seq., as amended by the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, Title VI, Subtitle G, 126 Stat. 245 (Feb. 22, 2012) (47 U.S.C. 923(g)-(l), 928) and the Spectrum Pipeline Act of 2015, Title X of the Bipartisan Budget Act of 2015, Pub. L. 114-74, 129 Stat. 621 (Nov. 5, 2015) (47 U.S.C. 923, 928).

I. Background

The Commercial Spectrum Enhancement Act of 2004 (CSEA) established the Spectrum Relocation Fund from which agencies could recover relocation costs in order to facilitate clearing of the eligible frequency bands auctioned by the Federal Communications Commission.1 The Middle Class Job Creation and Tax Relief Act of 2012 (Tax Relief Act) amended the CSEA to permit federal entities to recover costs for sharing of spectrum and to receive additional reimbursement of expenses for planning for auction participation, use of alternative technologies, replacement equipment, and research and analysis of potential spectrum sharing solutions.2 The Tax Relief Act also required NTIA to establish a Technical Panel to review and approve federal entities' transition plans to facilitate the relocation of, and sharing of spectrum with, U.S. Government stations in spectrum bands reallocated from federal use to non-federal use or shared use.3

1 Commercial Spectrum Enhancement Act of 2004, Public Law 108 494, 118 Stat. 3986 (2004) (CSEA) (amending, among other provisions, Sections 113(g) and 118 of the NTIA Organization Act, codified at 47 U.S.C. 923 and 928). Through the CSEA, Congress amended the NTIA Organization Act to provide, among other things, for reimbursement of costs associated with relocation of Federal entities' spectrum-dependent operations from the proceeds of spectrum auctions.

2 Middle Class Tax Relief and Job Creation Act of 2012, Public Law 112-96, Section 6701-6703, 126 Stat. 245 (Feb. 22, 2012) (amending, among other provisions, Sections 113(g)-(i) and 118 of the NTIA Organization Act, codified at 47 U.S.C. 923 and 928).

3 Relocation of and Sharing Spectrum by Federal Government Stations—Technical Panel and Dispute Resolution Boards, 78 FR 5310 (Jan. 25, 2013) (codified at 47 CFR pt. 301).

The Spectrum Pipeline Act of 2015 modified the CSEA by, among other things, appropriating $500,000,000 from the Spectrum Relocation Fund on the date of enactment and not more than 10 percent of future deposits for the Office of Management and Budget (OMB) to make payments to federal entities for research and development, engineering studies, economic analyses, or other planning activities intended to improve the efficiency and effectiveness of the spectrum use. 4 This Final Rule implements those provisions of the Spectrum Pipeline Act regarding the review and approval by the Technical Panel of plans submitted by federal entities requesting such additional payments from the Spectrum Relocation Fund.

4 Spectrum Pipeline Act of 2015, Title X of the Bipartisan Budget Act of 2015, Public Law 114-74, 129 Stat. 621 (Nov. 5, 2015) (Spectrum Pipeline Act).

II. Discussion

NTIA is amending its regulations to conform to provisions of the recently enacted Spectrum Pipeline Act. Accordingly, 47 CFR part 301 is amended as discussed below.

Submission and Contents of a Spectrum Pipeline Plan

The Spectrum Pipeline Act provides that a federal entity that seeks payments pursuant to its provisions must submit a plan (hereafter referred to as a “Spectrum Pipeline Plan”) to the Technical Panel. Such a plan must describe the activities the federal entity will conduct with the funds to improve the efficiency and effectiveness of the spectrum use of federal entities.5 Payments may be requested for research and development, engineering studies, economic analyses, activities with respect to systems, or other planning activities intended to improve the efficiency and effectiveness of the spectrum use. For requests involving activities with respect to systems that improve the efficiency or effectiveness of the spectrum use of federal entities, such systems shall include: (1) Systems that have increased functionality or that increase the ability of a federal entity to accommodate spectrum sharing with non-federal entities; (2) systems that consolidate functions or services that have been provided using separate systems; or (3) non-spectrum technology or systems.6 Accordingly, NTIA amends its regulations to list the requirements for the submission of a Spectrum Pipeline Plan.

5 Spectrum Pipeline Act of 2015, Section 1005(a)(2) (amending Section 118 of the NTIA Organization Act by inserting a new subsection (g), to be codified at 47 U.S.C. 928(g)) and Sections 1005(b) and (c) (amending Section 113(h)(3)(C) and 113(g)(1) of the NTIA Organization Act by updating the scope of NTIA's administrative support of the Technical Panel and modifying the definition of “Eligible Federal Entities,” respectively).

6 47 U.S.C. 928(g)(2)(B).

Review by Technical Panel

The Spectrum Pipeline Act requires the Technical Panel to approve or disapprove a Spectrum Pipeline Plan not later than 120 days after the federal entity submits the plan.7 It also provides the criteria that the Technical Panel will use to review such plan. Specifically, the Spectrum Pipeline Act states that the Technical Panel shall consider whether the activities the federal entity will conduct with the payment will: (1) Increase the probability of relocation from or sharing of federal spectrum; (2) facilitate an auction intended to occur not later than 8 years after the payment; and (3) increase the net expected auction proceeds in an amount not less than the time value of the amount of the payment.8 It also requires the Technical Panel to consider whether the funding transfer will leave sufficient amounts in the Spectrum Relocation Fund for its other purposes.9 The regulations also provide an address for submissions to the Technical Panel and the Dispute Resolution Board. Accordingly, NTIA amends its regulations at 47 CFR 301.115(c) to specify the requirements for Technical Panel review of a Spectrum Pipeline Plan.

7 47 U.S.C. 928(g)(2)(E)(i).

8 47 U.S.C. 928(g)(2)(E)(ii)(I).

9 47 U.S.C. 928(g)(2)(E)(ii)(II).

Administrative Procedure Act

The amendments to 47 CFR part 301 in this Final Rule relate solely to the internal management of the agency and, as such, are not subject to the requirements of the Administrative Procedure Act, 5 U.S.C. 553(a)(2). These amendments do not affect the rights or obligations of the public, but relate solely to the obligations of federal entities seeking payments from OMB from the Spectrum Relocation Fund.

Executive Order 12866

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

Congressional Review Act

It has been determined that this final rule is not major under 5 U.S.C. 801 et seq.

Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not apply since the rule is exempt from the requirement of the Administrative Procedure Act.

Executive Order 13132

This rule does not contain policies having federalism implications requiring preparation of a Federalism Summary Impact.

Paperwork Reduction Act

This document does not contain new collection-of-information requirements subject to the Paperwork Reduction Act.

List of Subjects in 47 CFR Part 301

Administrative practice and procedure, Communications Common Carriers, Communications equipment, Defense communications, Government employees, Satellites, Radio, Telecommunications.

Dated: January 14, 2016. Lawrence E. Strickling, Assistant Secretary for Communications and Information.

• For the reasons set forth in the preamble, NTIA amends 47 CFR part 301 as follows:

PART 301—RELOCATION OF AND SPECTRUM SHARING BY FEDERAL GOVERNMENT STATIONS 1. Revise the authority citiation for part 301 to read as follows: Authority:

National Telecommunications and Information Administration Organization Act, 47 U.S.C. 901 et seq., as amended by the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, Title VI, Subtitle G, 126 Stat. 245 (Feb. 22, 2012) (47 U.S.C. 923(g)-(l), 928) and the Spectrum Pipeline Act of 2015, Title X of the Bipartisan Budget Act of 2015, Pub. L. 114-74, 129 Stat. 621 (Nov. 5, 2015) (47 U.S.C. 923, 928).

2. Revise § 301.1 to read as follows:
§ 301.1 Purpose.

The purpose of this part is to set forth procedures for the Technical Panel and Dispute Resolution Board as required pursuant to the National Telecommunications and Information Administration Organization Act (hereinafter “NTIA Organization Act”), as amended (47 U.S.C. 923(g)-(l) and 928).

3. Amend § 301.20 as follows: a. Revise the definitions of “Eligible Federal Entity” and “Federal Entity”. b. Add a definition of “Spectrum Pipeline Plan” in alphabetical order.

The revisions and addition read as follows:

§ 301.20 Definitions.

Eligible Federal Entity means any Federal Entity that:

(1) Operates a U.S. Government station; and

(2) That incurs relocation costs or sharing costs because of planning for an auction of eligible spectrum frequencies or the reallocation of eligible spectrum frequencies from Federal use to exclusive non-Federal use or to shared use.

Federal Entity means any department, agency, or other instrumentality of the Federal Government that utilizes a Government station license obtained under section 305 of the 1934 Act (47 U.S.C. 305). [47 U.S.C. 923(l)]

Spectrum Pipeline Plan means a plan submitted by a Federal Entity pursuant to section 118(g)(2)(E)(i) of the NTIA Organization Act (47 U.S.C. 928(g)(2)(E)(i)).

4. Add § 301.30 to subpart A to read as follows:
§ 301.30 Address for submissions to the Technical Panel and Dispute Resolution Board.

Submissions to the Technical Panel and the Dispute Resolution Board under this section shall be made to the Office of the Assistant Secretary, National Telecommunications and Information Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.

5. Add § 301.115 to read as follows:
§ 301.115 Spectrum Pipeline Plans.

(a) Submission of Spectrum Pipeline Plan. A Federal Entity that requests payment from OMB as provided in section 118(g) of the NTIA Organization Act (47 U.S.C. 928(g)) must submit a plan to the Technical Panel for approval.

(b) Contents of Spectrum Pipeline Plan. A Spectrum Pipeline Plan submitted in accordance with this section must describe activities for research and development, engineering studies, economic analyses, activities with respect to systems, or other planning activities intended to improve the efficiency and effectiveness of the spectrum use of Federal Entities in order to make available frequencies for reallocation for non-Federal use or shared Federal and non-Federal use, or a combination thereof, for auction in accordance with such reallocation. Activities with respect to systems that improve the efficiency or effectiveness of the spectrum use of Federal Entities shall include:

(1) Systems that have increased functionality or that increase the ability of a Federal Entity to accommodate spectrum sharing with non-Federal entities;

(2) Systems that consolidate functions or services that have been provided using separate systems; or

(3) Non-spectrum technology or systems.

(c) Review by Technical Panel—(1) Deadline for approval. Not later than 120 days after a Spectrum Pipeline Plan has been submitted to the Technical Panel in accordance with this section, the Technical Panel shall approve or disapprove such plan.

(2) Criteria for Review. As part of its review, the Technical Panel shall consider whether:

(i) The activities that the Federal Entity will conduct with the payment will:

(A) Increase the probability of relocation from or sharing of Federal spectrum;

(B) Facilitate an auction intended to occur not later than 8 years after the payment; and

(C) Increase the net expected auction proceeds in an amount not less than the time value of the amount of the payment.

(ii) The transfer will leave sufficient amounts in the Spectrum Relocation Fund for the other purposes of such fund.

[FR Doc. 2016-01047 Filed 1-20-16; 8:45 am] BILLING CODE 3510-60-P
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 1852 NASA Federal Acquisition Regulation Supplement AGENCY:

National Aeronautics and Space Administration.

ACTION:

Technical amendments.

SUMMARY:

NASA is making technical amendments to the NASA FAR Supplement (NFS) to provide needed editorial changes.

DATES:

Effective: January 21, 2016.

FOR FURTHER INFORMATION CONTACT:

Manuel Quinones, NASA, Office of Procurement, Contract and Grant Policy Division, via email at [email protected], or telephone (202) 358-2143.

SUPPLEMENTARY INFORMATION: I. Background

As part NASA's retrospective review of existing regulations pursuant to section 6 of Executive Order 13563, Improving Regulation and Regulatory Review, NASA conducted a review of its regulations and published a final rule in the Federal Register on March 12, 2015 (80 FR 12946). As published, this rule contains errors due to inadvertent omissions. A summary of changes follows:

• Section 1852.214-72 is revised to correct the clause prescription from 1814.201-670(b) to 1814.201-670(c).

• Section 1852.232-70 is revised to correct the clause date from “AUG 2003” to “APR 2015.”

• Section 1852.246-72 is revised to correct the clause date from “AUG 2003” to “APR 2015.”

List of Subjects in 48 CFR Part 1852

Government procurement.

Manuel Quinones, NASA FAR Supplement Manager.

Accordingly, 48 CFR part 1852 is amended as follows:

PART 1852—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 1. The authority citation for part 1852 continues to read as follows: Authority:

51 U.S.C. 20113(a) and 48 CFR chapter 1.

1852.214-72 [Amended]
2. Amend section 1852.214-72 by removing “1814.201-670(b)” and adding “1814.201-670(c)” in its place.
1852.232-70 [Amended]
3. Amend section 1852.232-70 by removing “AUG 2003” and adding “APR 2015” in its place.
1852.246-72 [Amended]
4. Amend section 1852.246-72 by removing “AUG 2003” and adding “APR 2015” in its place.
[FR Doc. 2016-01085 Filed 1-20-16; 8:45 am] BILLING CODE 7510-13-P
DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 150105004-5355-01] RIN 0648-XE398 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trip Limit Adjustment for the Common Pool Fishery AGENCY:

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

ACTION:

Temporary rule; inseason adjustment.

SUMMARY:

This action decreases the possession and trip limit for Southern New England/Mid-Atlantic yellowtail flounder for Northeast multispecies common pool vessels for the remainder of the 2015 fishing year. The most recent catch data indicates that the common pool is expected to reach its annual quota for this stock before the end of January. Decreasing the trip limit is intended to prevent the common pool fishery from exceeding its allocation for the stock in the 2015 fishing year, and from triggering an area closure for portions of Southern New England/Mid-Atlantic.

DATES:

The possession and trip limit decrease is effective January 15, 2016, through April 30, 2016.

FOR FURTHER INFORMATION CONTACT:

Liz Sullivan, Fishery Management Specialist, 978-282-8493.

SUPPLEMENTARY INFORMATION:

The regulations at § 648.86(o) authorize the Regional Administrator to adjust the possession and trip limits for common pool vessels in order to help prevent the overharvest or underharvest of the common pool quotas.

Based on information and data reported through January 5, 2016, the common pool fishery has caught approximately 76 percent of its annual quota for Southern New England/Mid-Atlantic (SNE/MA) yellowtail flounder. At the current rate of fishing, the common pool fishery is projected to reach its annual quota by January 26, 2016. Any overage of the annual quota will be deducted from the next fishing year's annual quota. Additionally, we project that 90 percent of the common pool's Trimester 3 Total Allowable Catch (TAC) for SNE/MA yellowtail flounder will be reached by January 24, 2016. If the common pool reaches 90 percent of the Trimester TAC, we are required by regulations at § 648.82(n)(2)(ii) to close the SNE/MA Yellowtail Flounder Trimester TAC Area (defined at § 648.82(n)(2)(ii)(F)) to all common pool vessels fishing on groundfish trips with trawl and sink gillnet gear.

The current possession and trip limit of SNE/MA yellowtail flounder is 2,000 lb (907 kg) per day-at-sea (DAS), and up to 6,000 lb (2,722 kg) per trip for common pool vessels. To help prevent the common pool fishery from exceeding its SNE/MA yellowtail flounder allocation for the 2015 fishing year, and to help prevent the common pool from triggering a closure of the SNE/MA Yellowtail Flounder Trimester TAC Area for the remainder of the fishing year by reaching 90 percent of the Trimester 3 TAC, effective January 15, 2016, the possession and trip limit of SNE/MA yellowtail flounder for all common pool vessels is decreased to 50 lb (22.7 kg) per trip.

Common pool groundfish vessels that have declared their trip through the vessel monitoring system (VMS) or interactive voice response (IVR) system, and crossed the VMS demarcation line prior to January 15, 2016, are not subject to the new possession and trip limit for that trip.

Weekly quota monitoring reports for the common pool fishery can be found on our Web site at: http://www.greateratlantic.fisheries.noaa.gov/ro/fso/MultiMonReports.htm. We will continue to monitor common pool catch through vessel trip reports, dealer-reported landings, vessel monitoring system catch reports, and other available information and, if necessary, we will make additional adjustments to common pool management measures.

Classification

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

The Assistant Administrator for Fisheries, NOAA, finds good cause pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) to waive prior notice and the opportunity for public comment and the 30-day delayed effectiveness period because it would be impracticable and contrary to the public interest.

The regulations at § 648.86(o) authorize the Regional Administrator to adjust the Northeast multispecies possession and trip limits for common pool vessels in order to help prevent the overharvest or underharvest of the pertinent common pool quotas. The catch data used as the basis for this action only recently became available. The available analysis indicates that if the SNE/MA yellowtail flounder possession and trip limit are not reduced immediately, the common pool fishery will likely exceed its 2015 fishing year allocation for this stock by January 26, 2016. Analysis also indicates that if the possession and trip limit are not reduced immediately, the common pool fishery will likely reach 90 percent of its Trimester 3 TAC by January 24, 2016, triggering a closure of the SNE/MA Yellowtail Flounder Trimester TAC Area. This action reduces the probability of the common pool fishery exceeding its allocation for SNE/MA yellowtail flounder. Any overages of the common pool quota for this stock would undermine conservation objectives and trigger the implementation of accountability measures that would have negative economic impacts on the common pool vessels. The time necessary to provide for prior notice and comment, and a 30-day delay in effectiveness, would prevent NMFS from implementing the necessary possession and trip limit adjustment in a timely manner, which could undermine conservation objectives of the Northeast Multispecies Fishery Management Plan, and cause negative economic impacts to the common pool fishery.

Authority:

16 U.S.C. 1801 et seq.

Dated: January 13, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 2016-00909 Filed 1-15-16; 8:45 am] BILLING CODE 3510-22-P
81 13 Thursday, January 21, 2016 Proposed Rules DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration 7 CFR Part 810 United States Standards for Flaxseed AGENCY:

Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION:

Request for information.

SUMMARY:

The United States Department of Agriculture's (USDA) Grain Inspection, Packers and Stockyards Administration (GIPSA) is seeking comments from the public regarding the United States (U.S.) Standards for Flaxseed under the United States Grain Standards Act (USGSA). To ensure that standards and official grading practices remain relevant, GIPSA invites interested parties to comment on whether the current flaxseed standards and grading practices need to be changed.

DATES:

We will consider comments we receive by March 21, 2016.

ADDRESSES:

You may submit written or electronic comments on this request for information to:

Mail: Irene Omade, GIPSA, USDA, STOP 3642, 1400 Independence Avenue SW., Room 2530-B, Washington, DC 20250-3604.

Fax: (202) 690-2173.

Internet: Go to http://www.regulations.gov and follow the on-line instruction for submitting comments.

All comments will become a matter of public record and should be identified as “U.S. Flaxseed Standards request for information comments,” making reference to the date and page number of this issue of the Federal Register. All comments received become the property of the Federal government, are a part of the public record, and will generally be posted to www.regulations.gov without change. If you send an email comment directly to GIPSA without going through www.regulations.gov, or you submit a comment to GIPSA via fax, the originating email address or telephone number will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. Also, all personal identifying information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information.

Electronic submissions should avoid the use of special characters, avoid any form of encryption, and be free of any defects or viruses, since these may prevent GIPSA from being able to read and understand, and thus consider your comment.

GIPSA will post a transcript or report summarizing each substantive oral comment that we receive. This would include comments made at any public meetings hosted by GIPSA during the comment period, unless GIPSA publically announces otherwise.

All comments will also be available for public inspection at the above address during regular business hours (7 CFR 1.27(b)). Please call the GIPSA Management and Budget Services support staff (202) 720-8479 for an appointment to view the comments.

FOR FURTHER INFORMATION CONTACT:

Robert Dorman at GIPSA, USDA, 10383 N. Ambassador Drive, Kansas City, MO 64153; Telephone (816) 659-8411; Fax Number (816) 872-1258; email [email protected]

SUPPLEMENTARY INFORMATION:

Under the authority of the USGSA (7 U.S.C. 76), GIPSA establishes standards for flaxseed and other grains regarding kind, class, quality and condition. The flaxseed standards, established by USDA on August 1, 1934, were last revised in 1987 and appear in the USGSA regulations at 7 CFR 810.601 through 810.604. The standards facilitate flaxseed marketing and define U.S. flaxseed quality in the domestic and global marketplace. The standards define commonly used industry terms; contain basic principles governing the application of standards, such as the type of sample used for a particular quality analysis; the basis of determination; and specify grades and grade requirements. Official procedures for determining grading factors are provided in GIPSA's Grain Inspection Handbook, Book II, Chapter 5, “Flaxseed” which also includes standardized procedures for additional quality attributes not used to determine grade, such as dockage and moisture content. Together, the grading standards and testing procedures allow buyers and sellers to communicate quality requirements, compare flaxseed quality using equivalent forms of measurement and assist in price discovery.

GIPSA's grading and inspection services are provided through a network of federal, state, and private laboratories that conduct tests to determine the quality and condition of flaxseed. These tests are conducted in accordance with applicable standards using approved methodologies and can be applied at any point in the marketing chain. Furthermore, the tests yield rapid, reliable and consistent results. In addition, GIPSA-issued certificates describing the quality and condition of graded flaxseed are accepted as prima facie evidence in all Federal courts. U.S. flaxseed standards and the affiliated grading and testing services offered by GIPSA verify that a seller's flaxseed meets specified requirements, and ensure that customers receive the quality of flaxseed they purchased.

In order for U.S. standards and grading procedures for flaxseed to remain relevant, GIPSA is issuing this request for information to invite interested parties to submit comments, ideas, and suggestions on all aspects of the U.S. flaxseed standards and inspection procedures.

Authority:

7 U.S.C. 71-87K.

Larry Mitchell, Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 2016-01045 Filed 1-20-16; 8:45 am] BILLING CODE 3410-KD-P
DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration 7 CFR Part 810 United States Standards for Triticale AGENCY:

Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION:

Request for information.

SUMMARY:

The United States Department of Agriculture's (USDA) Grain Inspection, Packers, and Stockyards Administration (GIPSA) is seeking comment from the public regarding the United States (U.S.) Standards for Triticale under the United States Grain Standards Act (USGSA). To ensure that standards and official grading practices remain relevant, GIPSA invites interested parties to comment on whether the current triticale standards and grading practices need to be changed.

DATES:

We will consider comments we receive by April 20, 2016.

ADDRESSES:

You may submit written or electronic comments on this proposed rule to:

Mail: Irene Omade, GIPSA, USDA, STOP 3642, 1400 Independence Avenue SW., Room 2530-B, Washington, DC 20250-3604.

Fax: (202) 690-2173.

Internet: Go to http://www.regulations.gov and follow the on-line instruction for submitting comments.

All comments will become a matter of public record and should be identified as “U.S. Triticale Standards request for information comments,” making reference to the date and page number of this issue of the Federal Register. All comments received become the property of the Federal government, are a part of the public record, and will generally be posted to www.regulations.gov without change. If you send an email comment directly to GIPSA without going through www.regulations.gov, or you submit a comment to GIPSA via fax, the originating email address or telephone number will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. Also, all personal identifying information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information.

Electronic submissions should avoid the use of special characters, avoid any form of encryption, and be free of any defects or viruses, since these may prevent GIPSA from being able to read and understand, and thus consider your comment.

GIPSA will post a transcript or report summarizing each substantive oral comment that we receive. This would include comments made at any public meetings hosted by GIPSA during the comment period, unless GIPSA publically announces otherwise.

All comments will also be available for public inspection at the above address during regular business hours (7 CFR 1.27(b)). Please call the GIPSA Management and Budget Services support staff (202) 720-8479 for an appointment to view the comments.

FOR FURTHER INFORMATION CONTACT:

Robert Dorman at GIPSA, USDA, 10383 N. Ambassador Drive, Kansas City, MO 64153; Telephone (816) 659-8411; Fax Number (816) 872-1258; email [email protected]

SUPPLEMENTARY INFORMATION:

Under the authority of the USGSA (7 U.S.C. 76), GIPSA establishes standards for triticale and other grains regarding kind, class, quality and condition. The triticale standards, established by USDA on May 1, 1977, were last revised in 1987 and appear in the USGSA regulations at 7 CFR 810.2001 through 810.2005. The standards facilitate triticale marketing and define U.S. triticale quality in the domestic and global marketplace. The standards define commonly used industry terms; contain basic principles governing the application of standards, such as the type of sample used for a particular quality analysis; the basis of determination; and specify grades and grade requirements. Official procedures for determining grading factors are provided in GIPSA's Grain Inspection Handbook, Book II, Chapter 13, “Triticale” which also includes standardized procedures for additional quality attributes not used to determine grade, such as dockage and moisture content. Together, the grading standards and testing procedures allow buyers and sellers to communicate quality requirements, compare triticale quality using equivalent forms of measurement and assist in price discovery.

GIPSA's grading and inspection services are provided through a network of federal, state, and private laboratories that conduct tests to determine the quality and condition of triticale. These tests are conducted in accordance with applicable standards using approved methodologies and can be applied at any point in the marketing chain. Furthermore, the tests yield rapid, reliable and consistent results. In addition, GIPSA-issued certificates describing the quality and condition of graded triticale are accepted as prima facie evidence in all Federal courts. U.S. triticale standards and the affiliated grading and testing services offered by GIPSA verify that a seller's triticale meets specified requirements, and ensure that customers receive the quality of triticale they purchased.

In order for U.S. standards and grading procedures for triticale to remain relevant, GIPSA is issuing this request for information to invite interested parties to submit comments, ideas, and suggestions on all aspects of the U.S. triticale standards and inspection procedures.

Authority:

7 U.S.C. 71-87K.

Larry Mitchell, Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 2016-01042 Filed 1-20-16; 8:45 am] BILLING CODE 3410-KD-P
DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration 7 CFR Part 810 United States Standards for Rye AGENCY:

Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION:

Request for information.

SUMMARY:

The United States Department of Agriculture's (USDA) Grain Inspection, Packers, and Stockyards Administration (GIPSA) is seeking comment from the public regarding the United States (U.S.) Standards for Rye under the United States Grain Standards Act (USGSA). To ensure that standards and official grading practices remain relevant, GIPSA invites interested parties to comment on whether the current rye standards and grading practices need to be changed.

DATES:

We will consider comments we receive by April 20, 2016.

ADDRESSES:

You may submit written or electronic comments on this proposed rule to:

Mail: Irene Omade, GIPSA, USDA, STOP 3642, 1400 Independence Avenue SW., Room 2530-B, Washington, DC 20250-3604.

Fax: (202) 690-2173.

Internet: Go to http://www.regulations.gov and follow the on-line instruction for submitting comments.

All comments will become a matter of public record and should be identified as “U.S. Standards for Rye request for information comments,” making reference to the date and page number of this issue of the Federal Register. All comments received become the property of the Federal government, are a part of the public record, and will generally be posted to www.regulations.gov without change. If you send an email comment directly to GIPSA without going through www.regulations.gov, or you submit a comment to GIPSA via fax, the originating email address or telephone number will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. Also, all personal identifying information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information.

Electronic submissions should avoid the use of special characters, avoid any form of encryption, and be free of any defects or viruses, since these may prevent GIPSA from being able to read and understand, and thus consider your comment.

GIPSA will post a transcript or report summarizing each substantive oral comment that we receive. This would include comments made at any public meetings hosted by GIPSA during the comment period, unless GIPSA publically announces otherwise.

All comments will also be available for public inspection at the above address during regular business hours (7 CFR 1.27(b)). Please call the GIPSA Management and Budget Services support staff (202) 720-8479 for an appointment to view the comments.

FOR FURTHER INFORMATION CONTACT:

Greg Giese at GIPSA, USDA, 10383 N. Ambassador Drive, Kansas City, MO 64153; Telephone (816) 891-0460; Fax Number (816) 872-1258; email [email protected]

SUPPLEMENTARY INFORMATION:

Under the authority of the USGSA (7 U.S.C. 76), GIPSA establishes standards for rye and other grains regarding kind, class, quality and condition. The rye standards, established by USDA on July 1, 1923, were last revised in 1999 and appear in the USGSA regulations at 7 CFR 810.1201 through 810.1205. The standards facilitate rye marketing and define U.S. rye quality in the domestic and global marketplace. The standards define commonly used industry terms; contain basic principles governing the application of standards, such as the type of sample used for a particular quality analysis; the basis of determination; and specify grades and grade requirements. Official procedures for determining grading factors are provided in GIPSA's Grain Inspection Handbook, Book II, Chapter 8, “Rye” which also includes standardized procedures for additional quality attributes not used to determine grade, such as moisture content and official criteria. Together, the grading standards and testing procedures allow buyers and sellers to communicate quality requirements, compare rye quality using equivalent forms of measurement and assist in price discovery.

GIPSA's grading and inspection services are provided through a network of federal, state, and private laboratories that conduct tests to determine the quality and condition of rye. These tests are conducted in accordance with applicable standards using approved methodologies and can be applied at any point in the marketing chain. Furthermore, the tests yield rapid, reliable and consistent results. In addition, GIPSA-issued certificates describing the quality and condition of graded rye are accepted as prima facie evidence in all Federal courts. U.S. Standards for Rye and the affiliated grading and testing services offered by GIPSA verify that a seller's rye meets specified requirements, and ensure that customers receive the quality of rye they purchased.

In order for U.S. standards and grading procedures for rye to remain relevant, GIPSA is issuing this request for information to invite interested parties to submit comments, ideas, and suggestions on all aspects of the U.S. Standards for Rye and inspection procedures.

Authority:

7 U.S.C. 71-87K.

Larry Mitchell, Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 2016-01044 Filed 1-20-16; 8:45 am] BILLING CODE 3410-KD-P
DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration 7 CFR Part 810 United States Standards for Mixed Grain AGENCY:

Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION:

Request for information.

SUMMARY:

The United States Department of Agriculture's (USDA) Grain Inspection, Packers, and Stockyards Administration (GIPSA) is seeking comment from the public regarding the United States (U.S.) Standards for Mixed Grain under the United States Grain Standards Act (USGSA). To ensure that standards and official grading practices remain relevant, GIPSA invites interested parties to comment on whether the current mixed grain standards and grading practices need to be changed.

DATES:

We will consider comments we receive by April 20, 2016.

ADDRESSES:

You may submit written or electronic comments on this proposed rule to:

Mail: Irene Omade, GIPSA, USDA, STOP 3642, 1400 Independence Avenue SW., Room 2530-B, Washington, DC 20250-3604.

Fax: (202) 690-2173.

Internet: Go to http://www.regulations.gov and follow the on-line instruction for submitting comments.

All comments will become a matter of public record and should be identified as “U.S. Mixed Grain Standards request for information comments,” making reference to the date and page number of this issue of the Federal Register. All comments received become the property of the Federal government, are a part of the public record, and will generally be posted to www.regulations.gov without change. If you send an email comment directly to GIPSA without going through www.regulations.gov, or you submit a comment to GIPSA via fax, the originating email address or telephone number will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. Also, all personal identifying information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information.

Electronic submissions should avoid the use of special characters, avoid any form of encryption, and be free of any defects or viruses, since these may prevent GIPSA from being able to read and understand, and thus consider your comment.

GIPSA will post a transcript or report summarizing each substantive oral comment that we receive. This would include comments made at any public meetings hosted by GIPSA during the comment period, unless GIPSA publically announces otherwise.

All comments will also be available for public inspection at the above address during regular business hours (7 CFR 1.27(b)). Please call the GIPSA Management and Budget Services support staff (202) 720-8479 for an appointment to view the comments.

FOR FURTHER INFORMATION CONTACT:

Robert Dorman at GIPSA, USDA, 10383 N. Ambassador Drive, Kansas City, MO 64153; Telephone (816) 659-8411; Fax Number (816) 872-1258; email [email protected]

SUPPLEMENTARY INFORMATION:

Under the authority of the USGSA (7 U.S.C. 76), GIPSA establishes standards for mixed grain and other grains regarding kind, class, quality and condition. The mixed grain standards, established by USDA on July 2, 1934, were last revised in 1987 and appear in the USGSA regulations at 7 CFR 810.801 through 810.805. The standards facilitate mixed grain marketing and define U.S. mixed grain quality in the domestic and global marketplace. The standards define commonly used industry terms; contain basic principles governing the application of standards, such as the type of sample used for a particular quality analysis; the basis of determination; and specify grades and grade requirements. Official procedures for determining grading factors are provided in GIPSA's Grain Inspection Handbook, Book II, Chapter 6, “Mixed grain” which also includes standardized procedures for additional quality attributes not used to determine grade, such as dockage and moisture content. Together, the grading standards and testing procedures allow buyers and sellers to communicate quality requirements, compare mixed grain quality using equivalent forms of measurement and assist in price discovery.

GIPSA's grading and inspection services are provided through a network of federal, state, and private laboratories that conduct tests to determine the quality and condition of mixed grain. These tests are conducted in accordance with applicable standards using approved methodologies and can be applied at any point in the marketing chain. Furthermore, the tests yield rapid, reliable and consistent results. In addition, GIPSA-issued certificates describing the quality and condition of graded mixed grain are accepted as prima facie evidence in all Federal courts. U.S. mixed grain standards and the affiliated grading and testing services offered by GIPSA verify that a seller's mixed grain meets specified requirements, and ensure that customers receive the quality of mixed grain they purchased.

In order for U.S. standards and grading procedures for mixed grain to remain relevant, GIPSA is issuing this request for information to invite interested parties to submit comments, ideas, and suggestions on all aspects of the U.S. mixed grain standards and inspection procedures.

Authority:

7 U.S.C. 71-87K.

Larry Mitchell, Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 2016-01046 Filed 1-20-16; 8:45 am] BILLING CODE 3410-KD-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-0183; Directorate Identifier 2015-SW-016-AD] RIN 2120-AA64 Airworthiness Directives; Kaman Aerospace Corporation AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Notice of proposed rulemaking (NPRM).

SUMMARY:

We propose to adopt a new airworthiness directive (AD) for Kaman Aerospace Corporation (Kaman) Model K-1200 helicopters. This proposed AD would require revising the “Flight Limitations—NO LOAD” and “Flight Limitations—LOAD” sections of the rotorcraft flight manual (RFM). This proposed AD is prompted by a report of certain flight maneuvers that may lead to main rotor (M/R) blade to opposing hub contact. The proposed actions are intended to prevent damage to the M/R flight controls and subsequent loss of control of the helicopter.

DATES:

We must receive comments on this proposed AD by March 21, 2016.

ADDRESSES:

You may send comments by any of the following methods:

Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your comments electronically.

Fax: 202-493-2251.

Mail: Send comments to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

Hand Delivery: Deliver to the “Mail” address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-0183; or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

For service information identified in this proposed rule, contact Kaman Aerospace Corporation, Old Windsor Rd., P.O. Box 2, Bloomfield, Connecticut 06002-0002; telephone (860) 242-4461; fax (860) 243-7047; or at http://www.kamanaero.com. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT:

Kirk Gustafson, Aviation Safety Engineer, Boston Aircraft Certification Office, Engine & Propeller Directorate, FAA, 12 New England Executive Park, Burlington, Massachusetts 01803; telephone (781) 238-7190; email [email protected].

SUPPLEMENTARY INFORMATION: Comments Invited

We invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time.

We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, we will consider all comments we receive on or before the closing date for comments. We will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. We may change this proposal in light of the comments we receive.

Discussion

We propose to adopt a new AD for Kaman Model K-1200 helicopters. This proposed AD would require revising the “Flight Limitations—NO LOAD” and “Flight Limitations—LOAD” sections of the RFM by inserting a warning and limitations about rearward to forward flight, establishing maximum rearward and sideward flight speeds, and prohibiting weather-vanning takeoffs and departures to turn the helicopter. This proposed AD is prompted by a report of a Model K1200 helicopter turning suddenly and causing blade contact with the hub. The report suggests that a rapid aircraft yaw rate and subsequent yaw arresting maneuver may cause low clearance of the M/R blades with the opposing M/R hub. This condition could cause an M/R blade to strike the opposing rotor's flight controls. The proposed actions are intended to prevent damage to the M/R flight controls and subsequent loss of control of the helicopter.

FAA's Determination

We are proposing this AD because we evaluated all known relevant information and determined that an unsafe condition exists and is likely to exist or develop on other products of the same type design.

Related Service Information

We reviewed Kaman K-1200 RFM, Revision 5, dated April 14, 2015. This revision of the limitations section of the RFM inserts, for both load operations and no load operations, a warning and limitations about departing from rearward to forward flight, a maximum rearward flight speed of 25 knots, a maximum sideward flight speed of 17 knots, and a prohibition on weather-vanning takeoffs and departures as a method to turn aircraft.

Proposed AD Requirements

This proposed AD would require, within 10 hours time-in-service, revising the Limitations section of the RFM by inserting a copy of this AD or by making pen-and-ink changes. This proposed AD, under “Flight Limitations—NO LOAD” and “Flight Limitations—LOAD,” would insert a warning and limitations about departing from rearward to forward flight to avoid high rates of turn and minimize yaw and cyclic control inputs, establish a maximum rearward flight speed of 25 knots, establish a maximum sideward flight speed of 17 knots, and prohibit weather-vanning takeoffs and departures as a method to turn the helicopter.

Costs of Compliance

We estimate that this proposed AD would affect 16 helicopters of U.S. Registry. We estimate that operators may incur the following costs in order to comply with this AD. At an average labor rate of $85 per work-hour, we expect revising the RFM would require 0.5 work-hour, for cost of about $43 per helicopter, or $688 for the U.S. fleet.

Authority for This Rulemaking

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

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

Regulatory Findings

We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.

For the reasons discussed, I certify this proposed regulation:

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

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

3. Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

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

We prepared an economic evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Kaman Aerospace Corporation (Kaman): Docket No. FAA-2016-0183; Directorate Identifier 2015-SW-016-AD. (a) Applicability

This AD applies to Model K-1200 helicopters, certificated in any category.

(b) Unsafe Condition

This AD defines the unsafe condition as a main rotor (M/R) blade striking the opposing rotor's flight controls. This condition could result in damage to the M/R flight controls and subsequent loss of control of the helicopter.

(c) Comments Due Date

We must receive comments by March 21, 2016.

(d) Compliance

You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

(e) Required Actions

Within 10 hours time-in-service, revise Section 2 Limitations of the Kaman K-1200 Rotorcraft Flight Manual (RFM) by inserting a copy of this AD into the RFM or by making pen-and-ink changes, as follows:

(1) In the “Flight Limitations—NO LOAD” and “Flight Limitations—WITH LOAD,” sections, add the information in Figure 1 to paragraph (e)(1) of this AD.

WARNING When departing from rearward to forward flight, avoid high rates of turn and minimize yaw and cyclic control inputs to prevent exceeding 17 knot sideward flight limit. Figure 1 to paragraph (e)(1).

(2) In the “Flight Limitations—NO LOAD” and “Flight Limitations—WITH LOAD” sections, add the following: Maximum rearward flight speed: 25 knots. Maximum sideward flight speed: 17 knots. Weather—vanning takeoffs/departures as a method to turn aircraft: Prohibited.

(f) Credit for Actions Previously Completed

Incorporating the changes contained in Kaman K-1200 RFM, Revision 5, dated April 14, 2015, before the effective date of this AD is considered acceptable for compliance with the corresponding actions specified in paragraph (e) of this AD.

(g) Alternative Methods of Compliance (AMOC)

(1) The Manager, Boston Aircraft Certification Office, FAA, may approve AMOCs for this AD. Send your proposal to: Kirk Gustafson, Aviation Safety Engineer, Boston Aircraft Certification Office, Engine & Propeller Directorate, FAA, 12 New England Executive Park, Burlington, Massachusetts 01803; telephone (781) 238-7190; email [email protected]

(2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC.

(h) Subject

Joint Aircraft Service Component (JASC) Code: 6710, Main Rotor Control.

Issued in Fort Worth, Texas, on January 12, 2016. Lance T. Gant, Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-00947 Filed 1-20-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-0459; Directorate Identifier 2015-NM-081-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Notice of proposed rulemaking (NPRM).

SUMMARY:

We propose to supersede Airworthiness Directive (AD) 2015-10-03, for certain Airbus Model A330-200 and -300 series airplanes, and Model A340-200 and -300 series airplanes. AD 2015-10-03 currently requires a detailed inspection for visible chrome of each affected main landing gear (MLG) sidestay upper cardan pin, associated nuts, and retainer assembly; pin replacement if needed; measurement of cardan pin clearance dimensions (gap check); corrective actions if necessary; and a report of all findings. Since we issued AD 2015-10-03, further investigation concluded that the reported MLG sidestay upper cardan pin migration event had been caused by corrosion due to lack of jointing compound and inadequate sealant application during the MLG installation. This proposed AD would require a detailed inspection of the upper cardan pin and nut threads for any corrosion, pitting, or thread damage, and if necessary, replacement of the cardan pin and nut threads. This proposed AD would also revise the applicability to include additional airplane models. We are proposing this AD to detect and correct migration of the sidestay upper cardan pin, which could result in disconnection of the sidestay upper arm from the airplane structure, and could result in a landing gear collapse and consequent damage to the airplane and injury to occupants.

DATES:

We must receive comments on this proposed AD by March 7, 2016.

ADDRESSES:

You may send comments by any of the following methods:

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

Fax: 202-493-2251.

Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this proposed AD, contact Airbus SAS—Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; Internet http://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-0459; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:

Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1138; fax 425-227-1149.

SUPPLEMENTARY INFORMATION: Comments Invited

We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2016-0459; Directorate Identifier 2015-NM-081-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments.

We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD.

Discussion

On April 30, 2015, we issued AD 2015-10-03, Amendment 39-18158 (80 FR 30608, May 29, 2015). AD 2015-10-03 requires actions intended to address an unsafe condition on certain Airbus Model A330-200 and -300 series airplanes, and Model A340-200 and -300 series airplanes.

Since we issued AD 2015-10-03, Amendment 39-18158 (80 FR 30608, May 29, 2015), further investigation concluded that the reported MLG sidestay upper cardan pin migration event had been caused by corrosion due to lack of jointing compound and inadequate sealant application during the MLG installation. Therefore, this issue affects any MLG that had an upper cardan pin replacement or reinstallation, regardless of MLG overhaul. Any corrosion on the upper cardan pin and nut threads would not have been detected during the currently required detailed inspection.

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2015-0079, dated May 7, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Airbus Model A330-200 and -300 series airplanes, Model A340-200 and -300 series airplanes, and Model A340-541 and -642 airplanes. The MCAI states:

An A330 aeroplane equipped with Basic MLG was rolling out after landing when it experienced a nose wheel steering fault (unrelated to the safety subject addressed by this AD), which resulted in the crew stopping the aeroplane on the taxiway after vacating the runway. The subsequent investigation revealed that the right-hand MLG sidestay upper cardan pin had migrated out of position. The sidestay upper cardan nut and retainer had detached from the upper cardan pin and were found, still bolted together, in the landing gear bay.

Prompted by these findings, Airbus published Alert Operators Transmission (AOT) A32L003-14, providing inspection instructions and, as an interim solution, EASA issued AD 2014-0066 [which corresponds to FAA AD 2015-10-03, Amendment 39-18158 (80 FR 30608, May 29, 2015)] to require repetitive detailed inspections (DET) of the MLG upper cardan pin, nut and retainer. That AD also required accomplishment of a one-time gap check between wing rear spar fitting lugs and the bush flanges and, depending on findings, corrective action(s). The gap check (including corrections, as necessary) terminated the repetitive DET.

Since that [EASA] AD was issued, further investigation concluded that the reported MLG sidestay upper cardan pin migration event had been caused by corrosion, due to lack of jointing compound and inadequate sealant application during MLG installation. Therefore, this issue affects any MLG that had an upper cardan pin replacement or re-installation, irrespective of MLG overhaul. Any corrosion on the upper cardan pin and nut threads would not have been detected during the previously required DET.

This condition, if not detected and corrected, could lead to a complete migration of the sidestay upper cardan pin and a disconnection of the sidestay upper arm from the aeroplane structure, possibly resulting in MLG collapse with consequent damage to the aeroplane and injury to occupants.

To address this potential unsafe condition, Airbus published Service Bulletin (SB) A330-32-3269, SB A340-32-4301 and SB A340-32-5115 providing inspection instructions. In addition, to prevent any improper re-installation of an upper cardan pin on a MLG, Airbus amended the applicable Aircraft Maintenance Manual (AMM) on 01 October 2014.

For the reasons described above, this [EASA] AD supersedes EASA [AD] 2014-0066 and requires a one-time DET of the MLG upper cardan pin and nut threads to check for corrosion or damage on the upper cardan pin and nut threads, and, depending on findings, replacement of the damaged part(s).

As this unsafe condition could also develop on A330 freighters and A340-500/-600 aeroplanes, this [EASA] AD also applies to those aeroplanes.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-0459.

Related Service Information Under 1 CFR Part 51

Airbus has issued the following service information:

• Airbus Service Bulletin A330-32-3269, dated February 17, 2015.

• Airbus Service Bulletin A340-32-4301, dated February 17, 2015.

• Airbus Service Bulletin A340-32-5115, dated February 17, 2015.

The service information describes procedures for a detailed inspection of the upper cardan pin and nut threads for any corrosion, pitting, or thread damage, and replacement of the cardan pin and nut threads. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of this Proposed AD

This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of these same type designs.

Costs of Compliance

We estimate that this proposed AD affects 95 airplanes of U.S. registry.

We also estimate that it would take about 11 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $88,825, or $935 per product.

In addition, we estimate that any necessary follow-on actions would take about 12 work-hours and require parts costing $78,136, for a cost of $79,156 per product. We have no way of determining the number of aircraft that might need this action.

Authority for This Rulemaking

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

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

Regulatory Findings

We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.

For the reasons discussed above, I certify this proposed regulation:

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

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

3. Will not affect intrastate aviation in Alaska; and

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2015-10-03, Amendment 39-18158 (80 FR 30608, May 29, 2015), and adding the following new AD: Airbus: Docket No. FAA-2016-0459; Directorate Identifier 2015-NM-081-AD. (a) Comments Due Date

We must receive comments by March 7, 2016.

(b) Affected ADs

This AD replaces 2015-10-03, Amendment 39-18158 (80 FR 30608, May 29, 2015).

(c) Applicability

This AD applies to the airplanes, certificated in any category, identified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD, except airplanes on which an upper cardan pin on a main landing gear (MLG) has never been replaced or reinstalled since first entry into service of the airplane.

(1) Airbus Model A330-201, -202, -203, -223, -223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes, all manufacturer serial numbers .

(2) Airbus Model A340-211, -212, -213, -311, -312, and -313 airplanes, all manufacturer serial numbers.

(3) Airbus Model A340-541 and -642 airplanes, all manufacturer serial numbers.

(d) Subject

Air Transport Association (ATA) of America Code 32, Landing Gear.

(e) Reason

This AD was prompted by a report that an MLG sidestay upper cardan pin migration event had been caused by corrosion due to lack of jointing compound and inadequate sealant application during the MLG installation. We are issuing this AD to detect and correct migration of the sidestay upper cardan pin, which could result in disconnection of the sidestay upper arm from the airplane structure, and could result in a landing gear collapse and consequent damage to the airplane and injury to occupants.

(f) Compliance

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

(g) Definition

For the purpose of this AD, an upper cardan pin on a MLG is affected if it has been installed as a replacement part, or reinstalled since first entry of the airplane into service, and if the installation was accomplished using the applicable airplane maintenance manual at a revision level prior to October 1, 2014.

(h) Inspection and Replacement

(1) For an affected upper cardan pin on an MLG: Before exceeding 96 months since its latest installation on an airplane, or within 12 months after the effective date of this AD, whichever occurs later, do a detailed inspection of the upper cardan pin and nut threads for any corrosion, pitting, or thread damage, in accordance with the Accomplishment Instructions of the applicable service information specified in paragraph (i) of this AD.

(2) If, during the detailed inspection specified in paragraph (h)(1) of this AD, any corrosion, pitting, or thread damage is found, before further flight, replace the upper cardan pin and/or nut, as applicable, in accordance with the Accomplishment Instructions of the applicable service information specified in paragraph (i) of this AD.

(i) Applicable Service Information

Do the actions required by paragraph (h) of this AD in accordance with the Accomplishment Instructions of the applicable service information identified in paragraphs (i)(1), (i)(2), and (i)(3) of this AD.

(1) Airbus Service Bulletin A330-32-3269, dated February 17, 2015 (for Airbus Model A330-201, -202, -203, -223, -223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes).

(2) Airbus Service Bulletin A340-32-4301, dated February 17, 2015 (for Airbus Model A340-211, -212, -213, -311, -312, and -313 airplanes).

(3) Airbus Service Bulletin A340-32-5115, dated February 17, 2015 (for Airbus Model A340-541 and -642 airplanes).

(j) Other FAA AD Provisions

The following provisions also apply to this AD:

(1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM 116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1138; fax 425-227-1149. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

(2) Contacting the Manufacturer: As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.

(k) Related Information

(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2015-0079, dated May 7, 2015, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-0459.

(2) For service information identified in this AD, contact Airbus SAS—Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email [email protected]; Internet http://www.airbus.com. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

Issued in Renton, Washington, on January 8, 2016. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2016-00944 Filed 1-20-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-0460; Directorate Identifier 2015-NM-078-AD] RIN 2120-AA64 Airworthiness Directives; Beechcraft Corporation (Type Certificate Previously Held by Hawker Beechcraft Corporation; Raytheon Aircraft Company) Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Notice of proposed rulemaking (NPRM).

SUMMARY:

We propose to adopt a new airworthiness directive (AD) for certain Beechcraft Corporation Model BAe.125 series 1000A and 1000B airplanes and Model Hawker 1000 airplanes. This proposed AD was prompted by reports of inadvertent stowage of the thrust reversers, which can result in high forward engine thrust even though the throttle is commanding reverse thrust. This proposed AD would require installing kits that include relays, associated wiring, and a thrust reverser fail annunciator. We are proposing this AD to prevent inadvertent stowage of the thrust reversers, which could cause a runway overrun during a rejected takeoff or landing, and consequent structural failure and possible injury to occupants.

DATES:

We must receive comments on this proposed AD by March 7, 2016.

ADDRESSES:

You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:

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

Fax: 202-493-2251.

Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this proposed AD, Beechcraft Corporation, TMDC, P.O. Box 85, Wichita, KS 67201-0085; telephone 316-676-8238; fax 316-671-2540; email [email protected]; Internet http://pubs.beechcraft.com. You may view this referenced service information at FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-0460; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:

Jeffrey Englert, Aerospace Engineer, Mechanical Systems and Propulsion Branch, ACE-116W, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, Dwight D. Eisenhower National Airport, Wichita, KS 67209; phone: 316-946-4167; fax: 316-946-4107; email: [email protected]

SUPPLEMENTARY INFORMATION:

Comments Invited

We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2016-0460; Directorate Identifier 2015-NM-078-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments.

We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD.

Discussion

We have received reports of inadvertent stowage of the thrust reversers, which can result in high forward engine thrust even though the throttle is commanding reverse thrust. These reports were on another type of airplane that utilizes a similar engine and thrust reverser system. The root cause is incorrect software logic within the engine's electronic control unit. This condition, if not corrected, could result in inadvertent stowage of the thrust reversers, which could cause a runway overrun during a rejected takeoff or during landing, and consequent structural failure and possible injury to occupants.

Related Service Information Under 1 CFR Part 51

We reviewed Beechcraft Mandatory Service Bulletin 78-4133, dated May 2015. The service information describes procedures for installing kits having part numbers 140-9005 and 140-9006, which include relays, associated wiring, and a thrust reverser fail annunciator. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

FAA's Determination

We are proposing this AD because we evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design.

Proposed AD Requirements

This proposed AD would require accomplishing the actions specified in the service information described previously, except as discussed under “Differences Between this Proposed AD and the Service Information.”

Differences Between This Proposed AD and the Service Information

Although Beechcraft Mandatory Service Bulletin 78-4133, dated May 2015, specifies that “Should any difficulty be encountered in accomplishing this Service Bulletin, contact Beechcraft Corporation,” this proposed AD would require operators to resolve difficulties in accordance with a method approved by the FAA.

Costs of Compliance

We estimate that this proposed AD affects 38 airplanes of U.S. registry.

We estimate the following costs to comply with this proposed AD:

Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S. operators
    Installation 340 work-hours × $85 per hour = $28,900 $100,000 $128,900 $4,898,200
    Authority for This Rulemaking

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

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

    Regulatory Findings

    We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify this proposed regulation:

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Beechcraft Corporation (Type Certificate Previously Held by Hawker Beechcraft Corporation; Raytheon Aircraft Company): Docket No. FAA-2016-0460; Directorate Identifier 2015-NM-078-AD. (a) Comments Due Date

    We must receive comments by March 7, 2016.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Beechcraft Corporation (type certificate previously held by Hawker Beechcraft Corporation; Raytheon Aircraft Company) airplanes, certificated in any category, as identified in paragraphs (c)(1) and (c)(2) of this AD.

    (1) Model BAe.125 series 1000A and 1000B airplanes, serial numbers 258151, 258159, and 259004 through 259042 inclusive.

    (2) Model Hawker 1000 airplanes, serial numbers 259003 and 259043 through 259052 inclusive.

    (d) Subject

    Air Transport Association (ATA) of America Code 78, Exhaust.

    (e) Unsafe Condition

    This AD was prompted by reports of inadvertent stowage of the thrust reversers, which can result in high forward engine thrust even though the throttle is commanding reverse thrust. We are issuing this AD to prevent inadvertent stowage of the thrust reversers, which could cause a runway overrun during a rejected takeoff or landing, and consequent structural failure and possible injury to occupants.

    (f) Compliance

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

    (g) Installation

    Within 600 flight hours or 12 months after the effective date of this AD, whichever occurs first: Install kits having part numbers 140-9005 and 140-9006, in accordance with the Accomplishment Instructions of Beechcraft Mandatory Service Bulletin 78-4133, dated May 2015, except as specified in paragraph (h) of this AD.

    (h) Exception to Service Information

    A note in the Accomplishment Instructions of Beechcraft Mandatory Service Bulletin 78-4133, dated May 2015, instructs operators to contact Beechcraft Corporation if any difficulty is encountered in accomplishing the service bulletin. However, any deviation from the actions required by paragraph (g) of this AD must be approved as an alternative method of compliance (AMOC) under paragraph (i)(1) of this AD.

    (i) Alternative Methods of Compliance (AMOCs)

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

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

    (j) Related Information

    (1) For more information about this AD, contact Jeffrey Englert, Aerospace Engineer, Mechanical Systems and Propulsion Branch, ACE-116W, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, Dwight D. Eisenhower National Airport, Wichita, KS 67209; phone: 316-946-4167; fax: 316-946-4107; email: [email protected]

    (2) For service information identified in this AD, contact Beechcraft Corporation, TMDC, P.O. Box 85, Wichita, KS 67201-0085; telephone 316-676-8238; fax 316-671-2540; email [email protected]; Internet http://pubs.beechcraft.com. You may view this referenced service information at FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on January 8, 2016. Jeffrey E. Duven, Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-00951 Filed 1-20-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-0457; Directorate Identifier 2015-NM-084-AD] RIN 2120-AA64 Airworthiness Directives; BAE Systems (Operations) Limited Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to supersede Airworthiness Directive (AD) 2012-11-15, for all BAE Systems (Operations) Limited Model 4101 airplanes. AD 2012-11-15 currently requires a one-time detailed inspection for cracks, corrosion, and other defects of the rear face of the wing rear spar, and repair if necessary. Since we issued AD 2012-11-15, we received new reports of cracking found in the wing rear spar and technical analysis results confirmed that the crack initiation and propagation are due to fatigue, with no indication of any other crack initiation mechanism (e.g. stress corrosion). This proposed AD would require repetitive detailed inspections, and repair if necessary. We are proposing this AD to detect and correct cracking in the wing rear spar, which could propagate to a critical length, possibly affecting the structural integrity of the area and resulting in a fuel tank rupture, with consequent damage to the airplane and possible injury to its occupants.

    DATES:

    We must receive comments on this proposed AD by March 7, 2016.

    ADDRESSES:

    You may send comments by any of the following methods:

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

    Fax: 202-493-2251.

    Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this proposed AD, contact BAE Systems (Operations) Limited, Customer Information Department, Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email [email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-0457; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; fax 425-227-1149.

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2016-0457; Directorate Identifier 2015-NM-084-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments.

    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD.

    Discussion

    On March 31, 2012, we issued AD 2012-11-15, Amendment 39-17079 (77 FR 36127, June 18, 2012). AD 2012-11-15 requires actions intended to address an unsafe condition on BAE Systems (Operations) Limited Model 4101 airplanes.

    Since we issued AD 2012-11-15, Amendment 39-17079 (77 FR 36127, June 18, 2012), we received new reports of cracking found in the wing rear spar and technical analysis results confirmed that the crack initiation and propagation are due to fatigue, with no indication of any other crack initiation mechanism (e.g. stress corrosion).

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2015-0100, dated June 3, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all BAE Systems (Operations) Limited Model 4101 airplanes. The MCAI states:

    During an investigation of a fuel leak on the rear spar of a Jetstream 4100 aeroplane, 4 cracks were found between Ribs 6 and 7 (immediately inboard of the inboard engine rib). The cracks initiated at adjacent fastener bores in the rear spar upper boom, and progressed downwards, diagonally, into the rear spar web.

    These cracks, if not detected and corrected, could propagate to a critical length, affecting the structural integrity of the area, possibly resulting in a fuel tank rupture with consequent damage to the aeroplane and injury to its occupants.

    Prompted by these findings, EASA issued [EASA] AD 2011-0096 [which corresponds to FAA AD 2012-11-15, Amendment 39-17079 (77 FR 36127, June 18, 2012)] to require a one-time [detailed] inspection [for cracks, corrosion, and other defects] of the rear face of the wing rear spar and the accomplishment of applicable corrective actions [i.e., repair], depending on findings. Initial analysis of the event did not lead to the conclusion that the cracking was fatigue related, therefore [EASA] AD 2011-0096 did not require repetitive inspections.

    Since that [EASA] AD [2011-0096] was issued, the results of the technical analysis confirmed that the cracks were due to fatigue, with no indication of any other crack initiation mechanism (e.g. stress corrosion). In addition, further similar in-service events have been reported. During investigation of those events, further metallurgical analysis indicated that the crack initiation and propagation are indeed fatigue driven and occur at the same location.

    To address this unsafe condition, a review of the inspection interval was undertaken based on the cracks from both aeroplanes and BAE Systems (Operations) Ltd issued Service Bulletin (SB) J41-A57-029 Revision 3 in order to reduce the inspection interval of the wing rear spar from 2,000 flight cycles (FC) to 1,600 FC.

    For the reasons described above, this [EASA] AD supersedes AD 2011-0096, without retaining its requirements, introduces repetitive inspections and, depending on findings, requires the accomplishments of applicable corrective action(s) [i.e., repair].

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-0457.

    Related Service Information Under 1 CFR Part 51

    BAE Systems (Operations) Limited has issued Alert Service Bulletin J41-A57-029, Revision 3, dated April 8, 2014. The service information describes detailed inspections for cracks, corrosion, and other defects of the rear face of the wing rear spars.

    BAE Systems (Operations) Limited also has issued Subject 57-00-00, Wings General, of Chapter 57, Wings, of the Jetstream Series 4100 Structural Repair Manual, Volume 1, Revision 32, dated October 15, 2014. The service information describes procedures for doing certain wing repairs.

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

    FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design.

    Costs of Compliance

    We estimate that this proposed AD affects 15 airplanes of U.S. registry.

    We also estimate that it would take up to 25 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be up to $31,875, or up to $2,125 per product.

    We have received no definitive data that would enable us to provide a cost estimates for the on-condition actions (repairing cracks, corrosion, and defects) specified in this AD.

    Authority for This Rulemaking

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

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

    Regulatory Findings

    We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government.

    For the reasons discussed above, I certify this proposed regulation:

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2012-11-15, Amendment 39-17079 (77 FR 36127, June 18, 2012), and adding the following new AD: BAE Systems (Operations) Limited: Docket No. FAA-2016-0457; Directorate Identifier 2015-NM-084-AD. (a) Comments Due Date

    We must receive comments by March 7, 2016.

    (b) Affected ADs

    This AD replaces AD 2012-11-15, Amendment 39-17079 (77 FR 36127, June 18, 2012).

    (c) Applicability

    This AD applies to BAE (Operations) Limited Model 4101 airplanes, certificated in any category, all models, and all serial numbers.

    (d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

    (e) Reason

    This AD was prompted by new reports of cracking found in the wing rear spar and technical analysis results confirmed that the crack initiation and propagation are due to fatigue, with no indication of any other crack initiation mechanism (e.g., stress corrosion). We are issuing this AD to detect and correct cracking in the wing rear spar, which could propagate to a critical length, possibly affecting the structural integrity of the area and resulting in a fuel tank rupture, with consequent damage to the airplane and possible injury to its occupants.

    (f) Compliance

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

    (g) Repetitive Inspections and Repair

    Within 30 days after the effective date of this AD, or within 1,600 flight cycles since the most recent detailed inspection was done as specified in BAE Systems Alert Service Bulletin J41-A57-029, whichever occurs later: Do a detailed inspection for cracks, corrosion, and other defects (defects include scratches, dents, holes, damage to fastener holes, or damage to surface protection and finish) of the rear face of the wing rear spars, in accordance with the Accomplishment Instructions of BAE Systems Alert Service Bulletin J41-A57-029, Revision 3, dated April 8, 2014. Repeat the inspection thereafter at intervals not to exceed 1,600 flight cycles.

    (1) If any cracking, corrosion, or other defect is found within the criteria defined in Subject 57-00-00, Wings General, of Chapter 57, Wings, of the Jetstream Series 4100 Structural Repair Manual, Volume 1, Revision 32, dated October 15, 2014: Before further flight, repair the affected area, in accordance with the repair instructions of Subject 57-00-00, Wings General, of Chapter 57, Wings, of the Jetstream Series 4100 Structural Repair Manual, Volume 1, Revision 32, dated October 15, 2014.

    (2) If any cracking, corrosion, or other defect is found exceeding the criteria defined in Subject 57-00-00, Wings General, of Chapter 57, Wings, of the Jetstream Series 4100 Structural Repair Manual, Volume 1, Revision 32, dated October 15, 2014: Before further flight, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or BAE Systems (Operations) Limited's EASA Design Organization Approval (DOA).

    (h) Repair Does Not Constitute Terminating Action Except for Certain Repairs

    Accomplishment of a repair as required by paragraphs (g)(1) and (g)(2) of this AD, does not constitute terminating action for the repetitive inspections required by paragraph (g) of this AD, unless the approved repair required by paragraph (g)(2) of this AD states otherwise (e.g., the approved repair states the repair terminates the inspections for the repaired area only).

    (i) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; fax 425-227-1149. Information may be emailed to: [email protected] Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD.

    (2) Contacting the Manufacturer: As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or BAE Systems (Operations) Limited's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.

    (j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2015-0100, dated June 3, 2015, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-0457.

    (2) For service information identified in this AD, contact BAE Systems (Operations) Limited, Customer Information Department, Prestwick International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom; telephone +44 1292 675207; fax +44 1292 675704; email [email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on January 13, 2016. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2016-01088 Filed 1-20-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 73 [Docket No. FAA-2015-2776; Airspace Docket No. 15-AEA-5] RIN 2120-AA66 Proposed Amendment and Establishment of Restricted Areas; Chincoteague Inlet, VA AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM); reopening of comment period.

    SUMMARY:

    This action reopens the comment period for the NPRM published September 10, 2015, proposing to expand the restricted airspace at Chincoteague Inlet, VA. This reopening of the comment period is necessary because a chart depicting the proposed airspace was not available prior to the original comment period closing date. This action will ensure that interested persons have the opportunity to view the chart and submit comments regarding the proposal.

    DATES:

    The comment period for the NPRM published September 10, 2015 (80 FR 54444) closed on October 26, 2015, and reopened until February 22, 2016.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; telephone: (202) 366-9826. You must identify FAA Docket No. FAA-2015-2776 and Airspace Docket No. 15-AEA-5, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. Comments on environmental and land use aspects to should be directed to: NASA Wallops Flight Facility, Attn: Ms. Shari Silbert, Wallops Island, VA 23337; telephone: (757) 824-2327.

    FOR FURTHER INFORMATION CONTACT:

    Paul Gallant, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-8783.

    SUPPLEMENTARY INFORMATION: Comments Invited

    Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal.

    Communications should identify both docket numbers (FAA Docket No. FAA-2015-2776 and Airspace Docket No. 15-AEA-5) and be submitted in triplicate to the Docket Management System (see ADDRESSES section for address and phone number). You may also submit comments through the Internet at http://www.regulations.gov.

    Persons wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to FAA Docket No. FAA-2015-2776 and Airspace Docket No. 15-AEA-5.” The postcard will be date/time stamped and returned to the commenter.

    All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in light of comments received. All comments submitted will be available for examination in the public docket both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.

    Availability of NPRM's

    An electronic copy of this document may be downloaded through the internet at http://www.regulations.gov.

    You may review the public docket containing the proposal, any comments received and any final disposition in person at the Dockets Office (see ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Operations Support Group, Eastern Service Center, Federal Aviation Administration, 1701 Columbia Ave., College Park, GA 30337.

    Persons interested in being placed on a mailing list for future NPRM's should contact the FAA's Office of Rulemaking, (202) 267-9677, for a copy of Advisory Circular No. 11-2A.

    Background

    On September 10, 2015, the FAA published a notice of proposed rulemaking (NPRM) proposing the amendment and establishment of restricted areas at Chincoteague Inlet, VA (80 FR 54444), Docket No. FAA-2015-2776, Airspace Docket No. 15-AEA-5. The NPRM included a statement that a color chart of the proposed airspace would be available for viewing on the www.regulations.gov Web site. However, the chart was not posted until after the comment closing date. One commenter responded that it is difficult to understand the proposed changes because the chart was unavailable.

    A color chart showing the location of the proposed restricted areas is now posted on the internet at http://www.regulations.gov. Search docket no. FAA-2015-2776 and click on “open docket folder” to view the chart.

    To give the public an opportunity to view the chart prior to submitting comments, the FAA is reopening the comment period for 30 days. All comments submitted during the new comment period, as well as all comments previously received, will be considered before any final action is taken on the proposal. No other proposal information as published in the NPRM has been changed.

    Issued in Washington, DC, on January 14, 2016. Leslie M. Swann, Acting Manager, Airspace Policy Group.
    [FR Doc. 2016-01211 Filed 1-20-16; 8:45 am] BILLING CODE 4910-13-P
    CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1231 [Docket No. CPSC-2015-0031] Safety Standard for High Chairs; Correction AGENCY:

    Consumer Product Safety Commission.

    ACTION:

    Notice of proposed rulemaking; correction.

    SUMMARY:

    The United States Consumer Product Safety Commission (“Commission” or “CPSC”) is correcting a Notice of Proposed Rulemaking (“NPR”) that appeared in the Federal Register of November 9, 2015 (80 FR 69144). The document proposed a safety standard for high chairs. The Commission is correcting an error in the proposed regulatory text concerning rearward stability.

    DATES:

    As established in the November 9, 2015 NPR, comments on the proposed rule are due by January 25, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Stefanie C. Marques, Project Manager, Directorate for Health Sciences, U.S. Consumer Product Safety Commission, 5 Research Place, Rockville, MD 20850; telephone: 301-987-2581; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    In the Federal Register of November 9, 2015 (80 FR 69144), the Commission published an NPR proposing to establish a safety standard for high chairs pursuant to section 104(b) of the Consumer Product Safety Act of 2008 (“CPSIA”; Pub. L. 110-314, 122 Stat. 3016). The NPR proposed to incorporate by reference ASTM F404-15, Standard Consumer Safety Specification for High Chairs (“ASTM F404-15”) into 16 CFR part 1231 and proposed more stringent requirements than those specified in ASTM F404-15 for rearward stability and warnings on labels and in instructional literature. The NPR contained an error, which the Commission is now correcting.

    The correction pertains to proposed 16 CFR 1231.2, paragraph (b)(2), regarding the rearward stability index (“SI”) the Commission proposed to require for high chairs. The preamble to the NPR (page 69151, section VIII.A., titled Description of Proposed Changes to ASTM Standard, Rearward Stability) and the briefing package available on the Commission's Web site correctly described and discussed the Commission's proposal to require high chairs to have an SI of 50 or more. However, the proposed regulatory text on page 69159 of the NPR misstated the proposed requirement as prohibiting high chairs from having an SI of 50 or more.

    The Commission hereby makes the following correction to the NPR appearing on page 69144 in the Federal Register of November 9, 2015:

    § 1231.2 [Corrected]
    On page 69159, in the third column, in § 1231.2, in paragraph (b)(2), “6.5.2 Rearward stability—When tested in accordance with 7.7.2.6 (paragraph (c)(3) of this section), a high chair shall not have a Rearward Stability Index of 50 or more.” is corrected to read “6.5.2 Rearward stability—When tested in accordance with 7.7.2.6 (paragraph (c)(3) of this section), a high chair shall have a Rearward Stability Index of 50 or more.” Dated: January 15, 2016. Todd A. Stevenson, Secretary, Consumer Product Safety Commission.
    [FR Doc. 2016-01133 Filed 1-20-16; 8:45 am] BILLING CODE 6355-01-P
    SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 240 [Release No. 34-76922; File No. S7-15-15] RIN 3235-AL74 Access to Data Obtained by Security-Based Swap Data Repositories and Exemption From Indemnification Requirement AGENCY:

    Securities and Exchange Commission.

    ACTION:

    Reopening of comment period.

    SUMMARY:

    The Securities and Exchange Commission (“Commission”) is reopening the comment period for proposed amendments to rule 13n-4 under the Securities Exchange Act of 1934 (“Exchange Act”) related to regulatory access to security-based swap data held by security-based swap data repositories. The proposed rule amendments would implement Exchange Act provisions that conditionally require that security-based swap data repositories make data available to certain regulators and other authorities. Recent legislation has modified certain underlying statutory provisions.

    DATES:

    The comment period for the proposed rule published September 14, 2015, at 80 FR 55182, is reopened. Submit comments on or before February 22, 2016.

    ADDRESSES:

    Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/proposed.shtml); or

    • Send an email to [email protected] Please include File Number S7-15-15 on the subject line; or

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

    Paper Comments

    • Send paper comments to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number S7-15-15. This file number should be included on the subject line if email is used. To help us 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/proposed.shtml). Comments are also 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. 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.

    Studies, memoranda, or other substantive items may be added by the Commission or staff to the comment file during this rulemaking. A notification of the inclusion in the comment file of any such materials will be made available on the SEC's Web site. To ensure direct electronic receipt of such notifications, sign up through the “Stay Connected” option at www.sec.gov to receive notifications by email.

    FOR FURTHER INFORMATION CONTACT:

    Carol McGee, Assistant Director, Joshua Kans, Senior Special Counsel, or Kateryna P. Imus, Special Counsel, at (202) 551-5870; Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-7010.

    SUPPLEMENTARY INFORMATION:

    I. Introduction A. Proposed Rule

    Exchange Act sections 13(n)(5)(G) and (H), which were added by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, conditionally require security-based swap data repositories to make data available to certain regulators and other entities. The statute identifies certain entities as being eligible to access data, and states that the Commission may determine that other persons are appropriate to access such data. The statute further provides that the Commission must be notified of requests for access, and also conditions data access on the security-based swap data repository receiving certain confidentiality-related agreements. Moreover, under the statute as it was originally enacted in 2010, data access was conditional on the recipient entity agreeing to indemnify the repository and the Commission for expenses arising from litigation relating to the information provided.1

    1See generally Access to Data Obtained by Security-Based Swap Data Repositories and Exemption From Indemnification Requirement, Exchange Act Release No. 75845 (Sept. 14, 2015), 80 FR 55182 (Sept. 14, 2015) (“Data Access Proposing Release”).

    On September 14, 2015, the Commission proposed rules to implement those data access provisions.2 Key features of the proposal included:

    2 The proposal built upon two prior Commission proposals to implement the data access provisions and to provide an exemption from the indemnification requirement. See id. at 55182-84.

    (i) Designation of entities that may access data. The proposal provided that, in addition to the entities identified by the statute, the Federal Reserve Banks and the Office of Financial Research (“OFR”) may access data.3 The proposal also specified factors and conditions that the Commission would consider in making future determinations regarding entities eligible to access data and the scope of such entities' access to data. In that regard the Commission stated that it preliminarily expected that such determination orders “typically would incorporate conditions that specify the scope of a relevant authority's access to data, and that limit this access in a manner that reflects the relevant authority's regulatory mandates or legal responsibility or authority.” 4

    3See proposed Exchange Act rule 13n-4(b)(9)(ix).

    4See Data Access Proposing Release, 80 FR 55187-88.

    (ii) Confidentiality condition to data access. To implement the statutory confidentiality condition, the proposal provided that there must be a memorandum of understanding (“MOU”) or other arrangement between the Commission and the recipient of data to address the confidentiality of the data provided to the recipient.5 The Commission stated that it expected this approach would help avoid the possibility of uneven and potentially inconsistent application of the confidentiality condition.6

    5See proposed Exchange Act rule 13n-4(b)(10).

    6See Data Access Proposing Release, 80 FR 55190.

    (iii) Notification requirement. The proposal provided that a security-based swap data repository could satisfy the statutory notification requirement by notifying the Commission of the first data access request by an entity, and maintaining a record of subsequent requests.7

    7See id. at 55188-89; proposed Exchange Act rule 13n-4(e).

    (iv) Indemnification exemption. The proposal included an exemption from the indemnification requirement. This exemption would have been conditioned, in part, on the information provided relating to “persons or activities within the recipient entity's regulatory mandate, or legal responsibility or authority.” 8

    8See proposed Exchange Act rule 13n-4(d). The proposal also would require the Commission and the recipient of data to enter into an MOU or other arrangement to specify the type of information that would fall within this regulatory mandate, or legal responsibility or authority. See id.

    B. Statutory Amendment

    On December 4, 2015, President Obama signed into law Public Law 114-94, the Surface Transportation Reauthorization and Reform Act of 2015. This law, among other things, amended the statutory data access provisions by eliminating the indemnification requirement discussed above.9 The law also revised the data access provisions in two other ways.10

    9See Public Law 114-94, sec. 86011(c)(2).

    10 In part, the statutory revision clarified that the scope of the data access provision applies to security-based swap data, not all data maintained by the repository. See Public Law 114-94, sec. 86011(c)(1)(A) (striking “all” and adding “security-based swap” in the introductory part of Exchange Act section 13(n)(5)(G)). That focus on security-based swaps already was incorporated into the proposal. See proposed Exchange Act rule 13n-4(b)(9).

    The statutory revision also added the term “other foreign authorities” to the nonexclusive statutory list of entities that the Commission may determine appropriate to access data under these provisions. See Public Law 114-94, sec. 86011(c)(1)(B). That change is consistent with the proposal, which used the term “including, but not limited to” in the relevant portion of the rule text (preceding the specific references to foreign financial supervisors, foreign central banks, and foreign ministries). See proposed Exchange Act rule 13n-4(b)(9)(x).

    The elimination of the indemnification requirement makes unnecessary paragraph (d) of proposed rule 13n-4, which would have implemented the conditional exemption from the indemnification requirement.11 The statutory amendments, however, do not affect the proposed provisions: (i) Addressing the designation of additional entities as being eligible to access data (potentially including the Federal Reserve Banks and the OFR); (ii) implementing the confidentiality condition to data access; and (iii) implementing the statutory notification requirement.

    11See Data Access Proposing Release, 80 FR at 55211.

    II. Request for Comments

    Commenters are invited to discuss the proposal in light of the recent statutory amendments. Commenters particularly are invited to address the impact, on the remaining aspects of the proposal, arising from the elimination of the proposed indemnification exemption, including the exemption's proposed condition limiting access to security-based swap data to persons or authorities within a relevant authority's regulatory mandate or legal responsibility or authority. For example, to what extent should those criteria related to an entity's regulatory mandate or legal responsibility and authority be used by the Commission as it implements the confidentiality condition and/or the Commission's determination authority?

    Commenters further are invited to address whether the use of that limitation should vary depending on the type of recipient entity. For example, should those criteria be considered exclusively in conjunction with recipient authorities not specifically named in the statute, including the Federal Reserve Banks and the OFR, or should those criteria instead be considered in conjunction with access to data by all entities under these provisions? 12

    12 As noted above, the Commission stated that it preliminarily expected that subsequent determination orders under the statute and proposed rule “typically would incorporate conditions that specify the scope of a relevant authority's access to data, and that limit this access in a manner that reflects the relevant authority's regulatory mandates or legal responsibility or authority.”

    In addition, commenters are requested to address whether the proposal should be revised to address the other statutory changes to the data access provisions—such as addition of the term “other foreign authorities” to the list of entities that the Commission may determine appropriate to access data. For example, should the Commission revise proposed paragraph (b)(9)(x) of rule 13n-4 to specifically note that it may determine that “other foreign authorities” also may access data pursuant to these provisions?

    Commenters are also invited to address the impact of the statutory amendments on the Commission's economic analysis.

    By the Commission.

    Dated: January 15, 2016. Brent J. Fields, Secretary.
    [FR Doc. 2016-01148 Filed 1-20-16; 8:45 am] BILLING CODE 8011-01-P
    DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 9 [Docket No. TTB-2016-0002; Notice No. 157] RIN 1513-AC23 Proposed Establishment of the Willcox Viticultural Area AGENCY:

    Alcohol and Tobacco Tax and Trade Bureau, Treasury.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the approximately 526,000-acre “Willcox” viticultural area in portions of Cochise and Graham Counties in southeastern Arizona. The proposed viticultural area does not lie within, nor does it contain, any other established viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. TTB invites comments on this proposed addition to its regulations.

    DATES:

    Comments must be received by March 21, 2016.

    ADDRESSES:

    Please send your comments on this proposed rule to one of the following addresses (please note that TTB has a new address for comments submitted by U.S. mail):

    Internet: http://www.regulations.gov (via the online comment form for this proposed rule as posted within Docket No. TTB-2016-0002 at “Regulations.gov,” the Federal e-rulemaking portal);

    U.S. Mail: Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005; or

    Hand delivery/courier in lieu of mail: Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Suite 400, Washington, DC 20005.

    See the Public Participation section of this notice for specific instructions and requirements for submitting comments, and for information on how to request a public hearing or view or obtain copies of the petition and supporting materials.

    FOR FURTHER INFORMATION CONTACT:

    Karen A. Thornton, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.

    SUPPLEMENTARY INFORMATION: Background on Viticultural Areas TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe regulations for the labeling of wine, distilled spirits, and malt beverages. The FAA Act provides that these regulations should, among other things, prohibit consumer deception and the use of misleading statements on labels and ensure that labels provide the consumer with adequate information as to the identity and quality of the product. The Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act pursuant to section 1111(d) of the Homeland Security Act of 2002, codified at 6 U.S.C. 531(d). The Secretary has delegated various authorities through Treasury Department Order 120-01 (dated December 10, 2013, superseding Treasury Order 120-01 (Revised), “Alcohol and Tobacco Tax and Trade Bureau,” dated January 24, 2003), to the TTB Administrator to perform the functions and duties in the administration and enforcement of this law.

    Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to establish definitive viticultural areas and regulate the use of their names as appellations of origin on wine labels and in wine advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets forth standards for the preparation and submission of petitions for the establishment or modification of American viticultural areas (AVAs) and lists the approved AVAs.

    Definition

    Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) defines a viticultural area for American wine as a delimited grape-growing region having distinguishing features, as described in part 9 of the regulations, and a name and a delineated boundary, as established in part 9 of the regulations. These designations allow vintners and consumers to attribute a given quality, reputation, or other characteristic of a wine made from grapes grown in an area to the wine's geographic origin. The establishment of AVAs allows vintners to describe more accurately the origin of their wines to consumers and helps consumers to identify wines they may purchase. Establishment of an AVA is neither an approval nor an endorsement by TTB of the wine produced in that area.

    Requirements

    Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2)) outlines the procedure for proposing an AVA and provides that any interested party may petition TTB to establish a grape-growing region as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes the standards for petitions for the establishment or modification of AVAs. Petitions to establish an AVA must include the following:

    • Evidence that the area within the proposed AVA boundary is nationally or locally known by the AVA name specified in the petition;

    • An explanation of the basis for defining the boundary of the proposed AVA;

    • A narrative description of the features of the proposed AVA affecting viticulture, such as climate, geology, soils, physical features, and elevation, that make the proposed AVA distinctive and distinguish it from adjacent areas outside the proposed AVA boundary;

    • The appropriate United States Geological Survey (USGS) map(s) showing the location of the proposed AVA, with the boundary of the proposed AVA clearly drawn thereon; and

    • A detailed narrative description of the proposed AVA boundary based on USGS map markings.

    Willcox Petition

    TTB received a petition from Paul S. Hagar, the special projects manager of Dragoon Mountain Vineyard, on behalf of Dragoon Mountain Vineyard and other vineyard and winery owners in Willcox, Arizona, proposing the establishment of the “Willcox” AVA in southeastern Arizona. The proposed AVA contains approximately 526,000 acres and has 21 commercial vineyards, covering approximately 454 acres, distributed across the proposed AVA. According to the petition, an additional 650 acres of vineyards are planned within the proposed AVA in the next few years. The proposed AVA also has 18 bonded wineries. According to the petition, the distinguishing features of the proposed Willcox AVA include its geology, topography, soils, and climate. Unless otherwise noted, all information and data pertaining to the proposed AVA contained in this proposed rule come from the petition for the proposed Willcox AVA and its supporting exhibits.

    Name Evidence

    The proposed Willcox AVA derives its name from the city of Willcox, which is located within the proposed AVA. Within the proposed AVA is also a large natural feature known as the Willcox Playa, the dry bed of an ancient lake. The phone directory for Cochise County, where the majority of the proposed AVA is located, lists 26 businesses and organizations within the proposed AVA that use the name “Willcox,” including Willcox Rock and Sand Inc., Willcox Travel Center, Willcox Car Wash, Willcox Meat Packing House, and Willcox Real Estate Company. Additionally, the region is served by the Willcox Chamber of Commerce, the Willcox Rural Fire Department, and the Willcox Unified School District. Finally, a business consortium created by wine industry members in the region to promote local wines is known by the name “Willcox Wine Country.”

    Boundary Evidence

    The proposed Willcox AVA is described in the petition as a large, high-altitude valley resembling a shallow basin. The valley of the proposed AVA is separated from several neighboring valleys by a series of high mountain ranges to the north, east, and west. The northern and northeastern portions of the proposed AVA boundary follow the base of the Pinalenos Mountains, which separate the proposed AVA from the Gila Valley. The eastern portion of the boundary follows the foothills of the Chiricahua and Dos Cabezas Mountains, which separate the proposed AVA from the San Simon Valley. The southern portion of the boundary approximates the slight ridge that forms the southern edge of the Willcox basin and separates the proposed AVA from the Sulphur Springs Valley and its drainage system. The western and northwestern portions of the boundary follow the base of the Dragoon, Little Dragoon, and Winchester Mountains, which separate the proposed AVA from the Aravaipa and San Pedro Valleys.

    Distinguishing Features

    The distinguishing features of the proposed Willcox AVA include its geology, topography, soils, and climate.

    Geology

    The proposed Willcox AVA is in the Arizona geological province known as the “basin-and-range” province, which is characterized by high mountain ranges that are separated by valleys. The features of the basin-and-range province were formed over millions of years by periods of massive volcanic explosions and the pushing, folding, and stretching of the Earth's crust. The underlying geology of the basin in which the proposed AVA is located is primarily composed of alluvial (water-borne) and eolian (wind-borne) deposits. By contrast, the underlying geology of the surrounding mountain ranges is composed mostly of igneous rocks derived from volcanic materials, such as rhyolite, granite, and tuff.

    The most recent period of geologic activity in the region of the proposed AVA occurred between 15 and 8 million years ago, during a period of modest volcanic activity and intense stretching of the crust. The stretching of the crust caused large blocks of the mountains to drop thousands of feet in a nearly vertical manner. This vertical block faulting resulted in the formation of the Chiricahua, Dos Cabezas, Pinalenos, Dragoon, Little Dragoon, and Winchester Mountains that surround the proposed Willcox AVA and contrast with the flat, shallow basin of the proposed AVA.

    Early in this last period of major geologic activity, existing drainage systems such as creeks and rivers were disrupted throughout southeastern Arizona, and many valleys became closed basins. A closed basin is a valley in which no water flows in or out, and any lakes or underground aquifers within the closed basin are replenished only through rainfall. Over time, many of the closed basins near the proposed AVA became filled with enough erosional deposits from the surrounding mountains to allow streams to flow once more into and through the basins. These basins, where streams now flow, include the Gila Valley to the north, the San Simon Valley to the east, the San Pedro Valley to the west, the Aravaipa Valley to the northwest, and the Sulphur Springs Valley to the south. The Willcox basin, however, was permanently closed.

    The closed nature of the Willcox basin allowed it to retain large quantities of rainwater during a cool, wet period between 2 million and 15,000 years ago. Thus, an ancient lake formed, known as Lake Cochise. Later, as the climate became warmer and drier, the lake began to evaporate, and the clay sediments and alkali salts in the water settled in the shallower southern end of the lake. Today, the remains of the southern end of Lake Cochise form the Willcox Playa, a large, dry, alkali flat in the west-central portion of the proposed Willcox AVA.

    The geologic forces that shaped the proposed Willcox AVA have an effect on viticulture. Because the basin system is closed, irrigation water comes solely from wells and the small amounts of annual rainfall that the region receives. The petition also notes that water is not brought into the proposed AVA via canals, aqueducts, or other manmade methods. As a result, vineyard owners within the proposed AVA must carefully manage their water usage through water-conserving methods such as drip irrigation.

    Topography

    As previously noted, the proposed Willcox AVA sits within a large, shallow basin. Elevations within the proposed AVA range from 4,135 feet in the Willcox Playa to 4,700 feet at the edge of the foothills of the Chiricahua Mountains along the eastern edge of the proposed AVA. Because the proposed AVA is within a closed basin system, the basin's floor has not been cut or eroded by flowing bodies of water such as creeks, streams, or rivers. As a result, the terrain within the proposed AVA is relatively uniform and very flat, with slope angles ranging from 0 to 1.5 percent.

    The topography of the proposed Willcox AVA affects viticulture. The small range of elevations and the flat terrain allow for relative uniformity of vineyard sites and growing conditions throughout the proposed AVA. The shallow slopes and the lack of creeks or streams within the proposed AVA reduce the risk of erosion. The flat basin floor allows for abundant sunlight to reach the vines, which stimulates vine growth and fruit maturation. Due to the intense sunlight, vineyard owners within the proposed AVA must manage the leaf canopies carefully so that the fruit does not become sunburnt, while preventing the canopies from becoming so dense and shady that the fruit does not reach optimum ripeness. Finally, because the proposed AVA is lower and flatter than the neighboring mountain ranges, cool nighttime air flowing down from the mountains settles in the proposed AVA. During the early spring, the cooler air can reach sub-freezing temperatures, which can damage new growth or buds on the vines. To protect their vines, vineyard owners often install tall fans to mix warmer ambient air with the cooler descending air streams and to prevent the cold air from pooling.

    Several mountain ranges surround the proposed AVA, including the Pinaleno Mountains to the north and northeast, the Dos Cabezas and Chiricahua Mountains to the east, and the Dragoon, Little Dragoon, and Winchester Mountains to the west. The elevations within these ranges are higher than those found within the proposed Willcox AVA. Large valleys with elevations lower than those found in the proposed AVA extend beyond each of these mountain ranges. The Gila Valley lies to the north, the San Simon Valley lies to the east, the San Pedro Valley lies to the west, and the Aravaipa Valley lies to the northwest. All of these valleys, along with the Sulphur Springs Valley south of the proposed AVA boundary, also are open basin systems. Because these valleys are open basin systems, their valley floors have been eroded by running water. The continual erosion results in a steady descent in elevation along the long axis of each of the valleys, which contrasts with the generally level valley floor of the closed basin system that comprises the proposed AVA.

    Soils

    Although all of the valleys in southeastern Arizona contain soils derived from the erosion of the surrounding mountains, the petition notes that each mountain block has its own specific geologic details. As a result, each valley below will have its own unique soil profile. The soils within the proposed Willcox AVA are predominately loams comprised of sand, silt, and clay in relatively even proportions. The petition included a list of the 30 soil series that, together, comprise 80 percent of the soils of the proposed Willcox AVA. Of these 30 soil series, 20 are specifically loams. The Tubac, Sonoita, Forrest, and Frye soils are the most common soils on which viticulture occurs within the proposed AVA and are all classified as loamy soils. These soils are described as slightly acidic in the first 9 to 12 inches of the soil profile, with a gradually increasing alkalinity below that to a depth of 5 feet.

    According to the petition, loams generally contain high levels of nutrients. For this reason, loams are not typically preferred for vineyards, because high levels of nutrients can cause overly vigorous vine and leaf growth. However, the petition notes that the stress placed on the vines by the hot, dry climate of the proposed AVA keeps vine and leaf growth in check, so there is little chance the vines will grow too vigorously.

    Loamy soils also retain adequate amounts of water to hydrate vineyards while allowing excess water to percolate quickly through the loamy soils and into the aquifer. Because vineyard owners within the proposed AVA rely primarily on the aquifer for irrigation, soils that both retain water and allow for quick recharging of the aquifer are beneficial.

    Only 11 of the 30 most common soils found in the proposed Willcox AVA comprise at least one tenth of one percent of the total soils found in at least one of the surrounding regions. Together, these 11 soils represent approximately 30 percent of all the soils within the proposed Willcox AVA. The following table shows the percentage of soil each of these 11 soils comprises in the proposed AVA and the surrounding areas. All 30 of the soils are included in Exhibits 30 and 31 to the petition, which are posted as part of Docket TTB-2016-0002.

    Table 1—Soils Found in Both the Proposed AVA and the Surrounding Regions Soils Percentage of total soils Willcox, AZ
  • (proposed AVA)
  • Safford, AZ
  • (north of
  • proposed AVA)
  • San Simon, AZ
  • (east of
  • proposed AVA)
  • McNeal, AZ
  • (south of
  • proposed AVA)
  • Chiricahua Mountains
  • (SE of
  • proposed AVA)
  • Benson, AZ
  • (SW of
  • proposed AVA)
  • Tubac soils, including Tubac sandy clay loam and Tubac sandy loam 10 0 4.5 0 13.1 0 Karro loam 3.3 0 0 0.5 0 0 Grabe loam 3.2 3.4 0 0 0 0 Pima-Grabe association 3.1 0 0.3 0 15.3 0 McAllister loam 2.6 0 0 5 0 0 Comoro sandy loam 2.1 0.3 0 1.3 0 0 Guest silty clay 1.5 0 0 0.3 0 0 Stronghol-McAllister-Elgin complex 1.5 0 0 0 0 1.8 Sonoita gravelly sandy loam 1.2 2.2 2.2 0 0 0 White House-Forrest association 1.1 0 0 0 11 0 Courtland-Sasabe-Diaspar complex 1 0 0 7.6 1.1 0.9 Total 30.6 5.9 7 14.7 40.5 2.7

    The table shows that the regions to the north, south, east, and southwest of the proposed AVA all contain smaller percentages of these 11 soils. The exception is the region to the southeast of the proposed AVA, which contains only 4 of the 30 primary soils of the proposed AVA but has a larger percentage of those 4 soils. Frye soils, which are among the most prevalent soil series of the proposed AVA, are not included in this table because they comprise less than one tenth of one percent of the total soils in any of the surrounding regions.

    Climate

    Southeastern Arizona, including the region of the proposed Willcox AVA, is generally considered to have an arid climate. Annual precipitation amounts in the region are very low. According to the petition, slight amounts of rain may fall at the end of winter, when the vines are emerging from dormancy. However, the most significant rainfall occurs during the monsoon season, in July and August. During the monsoon season, the large-scale atmospheric circulation shifts to initiate a flow of humid air from both the Gulf of Mexico and the Gulf of California. This flow of humid air brings more cloud cover and scattered rainfall in the form of thunderstorms. The following table summarizes the average growing season rainfall amounts within the proposed AVA and the surrounding areas.

    Table 2—Average Annual Growing Season Precipitation 1 [Inches] Month Willcox, AZ
  • (within
  • proposed AVA)
  • Safford
  • (north of
  • proposed AVA)
  • Chiricahua Mountains
  • (SE of
  • proposed AVA)
  • San Simon Valley
  • (east of
  • proposed AVA)
  • Douglas
  • (south of
  • proposed AVA)
  • Benson
  • (SW of
  • proposed AVA)
  • Cascabel
  • (west of
  • proposed AVA)
  • March 0.37 0.32 0.98 0.29 0.24 0.33 0.40 April 0.11 0.14 0.25 0.08 0.06 0.10 0.13 May 0.42 0.14 0.36 0.08 0.15 0.19 0.24 June 0.41 0.16 0.81 0.34 0.23 0.22 0.21 July 3.61 1.80 3.22 2.46 2.99 3.21 3.23 August 2.32 2.01 3.21 1.77 3.11 2.87 2.16 Sept. 0.84 0.92 1.79 0.74 1.11 2.24 1.15 October 0.34 0.39 0.68 0.34 0.28 0.16 0.22 Average growing season totals 8.42 5.88 11.3 6.1 8.17 9.32 7.74

    1 Source: National Climate Data Center records from 2005 through 2012. Chiricahua station data only available from 2009 through 2012.

    Annual growing season precipitation amounts within the proposed Willcox AVA are higher than those of all the stations in the surrounding areas except the Chiricahua Mountains and Benson. The petition states that rainfall amounts are higher in areas close to the mountains and foothills, such as the locations to the southeast and southwest of the proposed AVA, because the moisture-laden air cools as it rises over the hills and eventually reaches the point where it releases its moisture in the form of rain. As the storms move beyond the mountains and foothills, they begin to weaken and dissipate.

    Throughout the region of the proposed AVA, temperatures are affected by elevation. The warmest temperatures are typically in areas with low elevations. The warmest daytime high temperatures typically occur in June and are accompanied by strong afternoon winds. The following table shows the average annual growing season highs for a weather station located within the proposed AVA and the closest weather stations in the surrounding areas. Because elevation plays a role in the climate in the region, the average elevation of each location is also included.

    Table 3—Average Annual Growing Season High Temperatures 2 [Degrees Fahrenheit] Month Willcox, AZ
  • (within
  • proposed AVA)
  • Safford
  • (north of
  • proposed AVA)
  • Chiricahua Mountains
  • (SE of
  • proposed AVA)
  • San Simon Valley
  • (east of
  • proposed AVA)
  • Douglas (south of
  • proposed AVA)
  • Benson
  • (SW of
  • proposed AVA)
  • Cascabel
  • (west of
  • proposed AVA)
  • Elevation 4,170 ft 2,953 ft 5,400 ft 3,609 ft 4,104 ft 3,691 ft 3,196 ft March 71.5 72.5 65.9 72.4 73.1 73.4 74.3 April 79.2 81.6 73.4 81.5 80.5 81.0 82.3 May 86.7 90.2 81.7 89.8 88.6 89.4 90.8 June 96.5 98.7 90.8 98.4 97.4 99.2 100.9 July 96.9 97.8 89.2 97.5 94.8 97.6 99.2 August 94.7 95.2 86.9 95.2 92.1 93.6 95.7 September 91.0 91.6 84.0 91.1 89.7 90.3 92.0 October 82.4 83.6 76.4 82.1 82.7 83.6 83.0 Average 87.3 88.9 81.0 88.5 87.4 88.5 89.8

    2 Source: National Climate Data Center records from 2005 through 2012. According to the petition, some data may be missing in the record, but no average has less than 7 years of data.

    The data shows that annual growing season high temperatures within the proposed Willcox AVA are lower than those in four of the six surrounding regions. The four regions are all at significantly lower elevations than the proposed AVA. Temperatures in Douglas, AZ, which is at a similar elevation to the proposed AVA, are nearly identical to those of the proposed AVA. Of the six surrounding weather stations, the station within the Chiricahua Mountains, adjacent to the southeastern boundary of the proposed AVA, is at the highest elevation and, as a result, has the lowest average high temperature.

    The data in the table shows that during the months of May and June, temperatures within the proposed Willcox AVA are noticeably lower than in all of the surrounding regions, with the exception of the higher elevations of the Chiricahua Mountains. The petition notes that May and June, just before the start of the monsoon season, are the most stressful months for vines. The air is very dry, and most of the water stored in the soil from late winter rains has been depleted. Temperatures begin to rise noticeably during these two months, placing heat stress on the vines and increasing the amount of water that evaporates from their leaves. Therefore, in such a warm region as southeastern Arizona, average high temperatures that are only a few degrees cooler than the surrounding area offer respite to the vines, particularly during the hot, dry pre-monsoon months.

    The climate of the proposed Willcox AVA affects viticulture. The hot temperatures, combined with extremely dry air for much of the growing season, put heavy stress on the vines. In order to preserve water, the vines close the stoma on their leaves during the hottest parts of the day, especially when temperatures rise above 90 degrees Fahrenheit. When the stoma are closed, however, photosynthesis slows considerably, preventing the plant from producing food efficiently. As a result, fruit development and maturation is delayed. The lack of cloud cover for most of the growing season puts the grapes at risk for sunburn. So vineyard owners within the proposed AVA manage canopy levels to provide shelter for the fruit. Although the rainfall amounts during the monsoonal season are not heavy enough to eliminate the need for irrigation, the rains do provide some relief for the vines and also replenish the aquifer, which is the only source of water within the closed basin system that forms the proposed AVA. Additionally, the monsoon season brings relief to the vines in the form of higher humidity levels, which allow the stoma to remain open longer and produce food for the vine during the peak period of fruit development. Finally, the increased cloud cover during the monsoon season lowers temperatures slightly and provides the maturing grapes some protection from sunburn.

    Summary of Distinguishing Features

    In summary, the evidence provided in the petition indicates that the viticulturally significant geographic features of the proposed Willcox AVA distinguish it from the surrounding regions in each direction. With respect to topography, the proposed AVA is located within a flat valley that is part of a closed basin system. By contrast, the regions adjacent to the northern, eastern, and western boundaries of the proposed AVA are all marked by mountainous terrain with higher, steeper elevations. Beyond each of these mountain ranges are large valleys with lower elevations than the proposed AVA. These valleys are also all open basin systems, and the valley floors have all been eroded to varying degrees by flowing water. South of the proposed AVA is the lower-elevation Sulphur Springs Valley, which is also an open basin system.

    The soils of the surrounding regions are primarily loams, as are the soils of the proposed Willcox AVA. However, the soil series that comprise the majority of the soils within the proposed AVA are generally present only in very small amounts outside the proposed AVA or, in some cases, are not present at all. The exception is the region to the southeast of the proposed AVA, where 4 of the 11 primary soil series of the proposed AVA are found in higher amounts.

    The climate of the proposed Willcox AVA is hot and arid like much of the surrounding regions. However, growing season high temperatures within the proposed AVA are lower than those of most of the surrounding region, notably during the months of May and June. The exception is within the higher elevations of the Chiricahua Mountains, where growing season temperatures are generally lower than within the proposed AVA. Annual rainfall amounts within the proposed AVA are higher than those of the surrounding regions, with the exception of the foothill regions to the southeast and southwest of the proposed AVA.

    TTB Determination

    TTB concludes that the petition to establish the approximately 526,000-acre Willcox AVA merits consideration and public comment, as invited in this proposed rule.

    Boundary Description

    See the narrative description of the boundary of the petitioned-for AVA in the proposed regulatory text published at the end of this proposed rule.

    Maps

    The petitioner provided the required maps, and they are listed below in the proposed regulatory text.

    Impact on Current Wine Labels

    Part 4 of the TTB regulations prohibits any label reference on a wine that indicates or implies an origin other than the wine's true place of origin. For a wine to be labeled with an AVA name, at least 85 percent of the wine must be derived from grapes grown within the area represented by that name, and the wine must meet the other conditions listed in § 4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)). If the wine is not eligible for labeling with an AVA name and that name appears in the brand name, then the label is not in compliance and the bottler must change the brand name and obtain approval of a new label. Similarly, if the AVA name appears in another reference on the label in a misleading manner, the bottler would have to obtain approval of a new label. Different rules apply if a wine has a brand name containing an AVA name that was used as a brand name on a label approved before July 7, 1986. See § 4.39(i)(2) of the TTB regulations (27 CFR 4.39(i)(2)) for details.

    If TTB establishes this proposed AVA, its name, “Willcox,” will be recognized as a name of viticultural significance under § 4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The text of the proposed regulation clarifies this point. Consequently, if this proposed rule is adopted as a final rule, wine bottlers using the name “Willcox” in a brand name, including a trademark, or in another label reference as to the origin of the wine, would have to ensure that the product is eligible to use the AVA name as an appellation of origin.

    Public Participation Comments Invited

    TTB invites comments from interested members of the public on whether it should establish the proposed AVA. TTB is also interested in receiving comments on the sufficiency and accuracy of the name, boundary, soils, climate, and other required information submitted in support of the petition. Please provide any available specific information in support of your comments.

    Because of the potential impact of the establishment of the proposed Willcox AVA on wine labels that include the term “Willcox,” as discussed above under Impact on Current Wine Labels, TTB is particularly interested in comments regarding whether there will be a conflict between the proposed area name and currently used brand names. If a commenter believes that a conflict will arise, the comment should describe the nature of that conflict, including any anticipated negative economic impact that approval of the proposed AVA will have on an existing viticultural enterprise. TTB is also interested in receiving suggestions for ways to avoid conflicts, for example, by adopting a modified or different name for the AVA.

    Submitting Comments

    You may submit comments on this proposed rule by using one of the following three methods (please note that TTB has a new address for comments submitted by U.S. Mail):

    Federal e-Rulemaking Portal: You may send comments via the online comment form posted with this proposed rule within Docket No. TTB-2016-0002 on “Regulations.gov,” the Federal e-rulemaking portal, at http://www.regulations.gov. A direct link to that docket is available under Notice No. 157 on the TTB Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml. Supplemental files may be attached to comments submitted via Regulations.gov. For complete instructions on how to use Regulations.gov, visit the site and click on the “Help” tab.

    U.S. Mail: You may send comments via postal mail to the Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005.

    Hand Delivery/Courier: You may hand-carry your comments or have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Suite 400, Washington, DC 20005.

    Please submit your comments by the closing date shown above in this proposed rule. Your comments must reference Notice No. 157 and include your name and mailing address. Your comments also must be made in English, be legible, and be written in language acceptable for public disclosure. TTB does not acknowledge receipt of comments, and TTB considers all comments as originals.

    In your comment, please clearly indicate if you are commenting on your own behalf or on behalf of an association, business, or other entity. If you are commenting on behalf of an entity, your comment must include the entity's name, as well as your name and position title. If you comment via Regulations.gov, please enter the entity's name in the “Organization” blank of the online comment form. If you comment via postal mail or hand delivery/courier, please submit your entity's comment on letterhead.

    You may also write to the Administrator before the comment closing date to ask for a public hearing. The Administrator reserves the right to determine whether to hold a public hearing.

    Confidentiality

    All submitted comments and attachments are part of the public record and subject to disclosure. Do not enclose any material in your comments that you consider to be confidential or inappropriate for public disclosure.

    Public Disclosure

    TTB will post, and you may view, copies of this proposed rule, selected supporting materials, and any online or mailed comments received about this proposal within Docket No. TTB-2016-0002 on the Federal e-rulemaking portal, Regulations.gov, at http://www.regulations.gov. A direct link to that docket is available on the TTB Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 157. You may also reach the relevant docket through the Regulations.gov search page at http://www.regulations.gov. For information on how to use Regulations.gov, click on the site's “Help” tab.

    All posted comments will display the commenter's name, organization (if any), city, and State, and, in the case of mailed comments, all address information, including email addresses. TTB may omit voluminous attachments or material that the Bureau considers unsuitable for posting.

    You may also view copies of this proposed rule, all related petitions, maps and other supporting materials, and any electronic or mailed comments that TTB receives about this proposal by appointment at the TTB Information Resource Center, 1310 G Street NW., Washington, DC 20005. You may also obtain copies at 20 cents per 8.5- x 11-inch page. Please note that TTB is unable to provide copies of USGS maps or other similarly-sized documents that may be included as part of the AVA petition. Contact TTB's information specialist at the above address or by telephone at 202-453-2270 to schedule an appointment or to request copies of comments or other materials.

    Regulatory Flexibility Act

    TTB certifies that this proposed regulation, if adopted, would not have a significant economic impact on a substantial number of small entities. The proposed regulation imposes no new reporting, recordkeeping, or other administrative requirement. Any benefit derived from the use of an AVA name would be the result of a proprietor's efforts and consumer acceptance of wines from that area. Therefore, no regulatory flexibility analysis is required.

    Executive Order 12866

    It has been determined that this proposed rule is not a significant regulatory action as defined by Executive Order 12866 of September 30, 1993. Therefore, no regulatory assessment is required.

    Drafting Information

    Karen A. Thornton of the Regulations and Rulings Division drafted this proposed rule.

    List of Subjects in 27 CFR Part 9

    Wine.

    Proposed Regulatory Amendment

    For the reasons discussed in the preamble, TTB proposes to amend title 27, chapter I, part 9, Code of Federal Regulations, as follows:

    PART 9—AMERICAN VITICULTURAL AREAS 1. The authority citation for part 9 continues to read as follows: Authority:

    27 U.S.C. 205.

    Subpart C—Approved American Viticultural Areas 2. Subpart C is amended by adding § 9.__to read as follows:
    § 9.__Willcox.

    (a) Name. The name of the viticultural area described in this section is “Willcox”. For purposes of part 4 of this chapter, “Willcox” is a term of viticultural significance.

    (b) Approved maps. The 21 United States Geological Survey (USGS) 1:24,000 scale topographic maps used to determine the boundary of the Willcox viticultural area are titled:

    (1) Fort Grant, AZ, 1996;

    (2) West of Greasewood Mountain, AZ, 1996;

    (3) Greasewood Mountain, AZ, 1996;

    (4) Willcox North, AZ, 1996;

    (5) Railroad Pass, Ariz., 1979;

    (6) Simmons Peak, AZ, 1996;

    (7) Dos Cabezas, AZ, 1996;

    (8) Pat Hills North, Ariz., 1974;

    (9) Pat Hills South, Ariona, 1986 provisional edition;

    (10) Sulphur Hills, AZ, 1996;

    (11) Pearce, AZ., 1996;

    (12) Turquoise Mountain, AZ, 1996;

    (13) Black Diamond Peak, AZ, 1996;

    (14) Cochise Stronghold, AZ, 1996;

    (15) Cochise, AZ, 1996;

    (16) Red Bird Hills, AZ, 1996;

    (17) Steele Hills, AZ, 1996;

    (18) Square Mountain, AZ, 1996;

    (19) Muskhog Mountain, AZ, 1996;

    (20) Reiley Peak, AZ, 1996; and

    (21) Sierra Bonita Ranch, Ariz., 1972.

    (c) Boundary. The Willcox viticultural area is located in Cochise and Graham Counties in southeastern Arizona. The boundary of the Willcox viticultural area is as described below:

    (1) The beginning point is on the Fort Grant map at the intersection of State Highway 266 and an unnamed light-duty road known locally as Curtis Parkway, in Fort Grant, section 35, T9S/R23E. From the beginning point, proceed south-southeast in a straight line approximately 20.4 miles, crossing over the West of Greasewood Mountain and the Greasewood Mountain map and onto the Willcox North map, to the intersection of three unnamed light-duty roads known locally as Porters Ranch Road, East Saguaro Road, and North Circle I Road, near benchmark (BM) 4,243 on the Willcox North map, section 36, T12S/R24E; then

    (2) Proceed east in a straight line approximately 5 miles to Interstate Highway 10 near the community of Raso, section 1, T13S/R25E; then

    (3) Proceed south in a straight line approximately 0.8 mile to the 4,400-foot elevation contour, section 1, T13S/R25E; then

    (4) Proceed southwesterly along the 4,400-foot elevation contour around the west end of the Dos Cabezas Mountains and continue southeasterly along the 4,400-foot elevation contour for a total of approximately 13.3 miles, crossing over the Railroad Pass map and onto the Simmons Peak map, to State Highway 186 on the Simmons Peak map, section 28, T14S/R26E; then

    (5) Proceed south-southeast in a straight line approximately 15.8 miles, crossing over the Dos Cabezas map and onto the Pat Hills North map, to the intersection of the 4,700-foot elevation contour and an unnamed light-duty road known locally as East Creasey Ranch Road on the Pat Hills North map near BM 4,695, section 21, T16S/R28E; then

    (6) Proceed southerly along the 4,700-foot elevation contour approximately 10.6 miles, crossing onto the Pat Hills South map, to an unnamed light-duty road known locally as East Uncle Curtis Lane, section 7, T18S/R28E; then

    (7) Proceed west along East Uncle Curtis Lane approximately 0.5 mile to an unnamed light-duty road known locally as South Single Tree Lane near the marked 4,664-foot elevation point, section 7, T18S/R28E; then

    (8) Proceed south along South Single Tree Lane approximately 0.5 mile to State Highway 181, section 7, T18S/R28E; then

    (9) Proceed west along State Highway 181 approximately 9.9 miles, crossing onto the Sulphur Hills map, to State Highway 191, section 10, T18S/R26E; then

    (10) Proceed north-northeasterly, then west, along State Highway 191 approximately 4.8 miles, crossing onto the Pearce map, to an unnamed light-duty road known locally as Kansas Settlement Road, near BM 4,327, section 36, T17S/R25E; then

    (11) Proceed southwest in a straight line approximately 8.9 miles, crossing over the Turquoise Mountain map and onto the Black Diamond Peak map, to the southeastern-most corner of the boundary of the Coronado National Forest on the Black Diamond Peak map, section 35, T18S/R24E; then

    (12) Proceed north along the boundary of the Coronado National Forest approximately 2 miles to the marked 4,821-foot elevation point, section 26, T18S/R24E; then

    (13) Proceed north-northwest in a straight line approximately 13 miles, crossing over the Cochise Stronghold map and onto the Cochise map, to the northeastern corner of the boundary of the Coronado National Forest at the marked 4,642 elevation point on the Cochise map, section 26, T16S/R23E; then

    (14) Proceed north-northwest in a straight line approximately 1.2 miles to the intersection of the 4,450-foot elevation contour and an unnamed secondary highway known locally as West Dragoon Road, section 23, T16S/R23E; then

    (15) Proceed north in a straight line approximately 1.3 miles to the 4,400-foot elevation contour, section 11, T16S/R23E; then

    (16) Proceed generally northerly along the 4,400-foot elevation contour approximately 10 miles, crossing onto the Red Bird Hills map, to Interstate Highway 10, section 3, T15S/R23E; then

    (17) Proceed north-northwest in a straight line approximately 5.8 miles, crossing onto the Steele Hills map, to the intersection of the 4,600-foot elevation contour and an unnamed light-duty road known locally as West Airport Road, section 7, T14S/R23E; then

    (18) Proceed east-northeasterly, then easterly, then northerly, then easterly along West Airport Road approximately 7.2 miles, crossing back onto the Red Bird Hills map and then onto the Square Mountain map, to the 4,240-foot elevation contour east of BM 4,264, section 6, T14S/R24E; then

    (19) Proceed north-northwest in a straight line approximately 20.5 miles, crossing over the Muskhog Mountain and Reiley Peak maps and onto the Sierra Bonita Ranch map, to the intersection of two unnamed light-duty roads known locally as West Ash Creek Road and South Wells Road, near BM 4,487 on the Sierra Bonita Ranch map, section 3, T11S/R22E; then

    (20) Proceed generally northerly along South Wells Road to BM 4,502, then continuing northerly along the western fork of the road for a total of approximately 7.7 miles to an unnamed light-duty road known locally as Bonita Aravaipa Road, section 27, T9S/R22E; then

    (21) Proceed east in a straight line approximately 8.2 miles, crossing onto the Fort Grant map, to the beginning point.

    Signed: January 13, 2016. John J. Manfreda, Administrator.
    [FR Doc. 2016-01150 Filed 1-20-16; 8:45 am] BILLING CODE 4810-31-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2013-0272] RIN 1625-AA08 Special Local Regulations; Marine Events in the Seventh Coast Guard District AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard proposes to update the final regulation that governs recurring special local regulations in the Seventh Coast Guard District. These regulations will apply to all recurring events held on navigable waters of the Seventh District, such as regattas, parades, and fireworks displays. This update is being proposed to ensure that all known recurring marine events are included in the final regulation and to allow respective Captains of the Port greater ease in enacting or modifying those portions of the regulation which apply to their respective areas.

    DATES:

    Comments and related material must be received by the Coast Guard on or before February 22, 2016.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2013-0272 using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about this proposed rulemaking, call or email Eugene Stratton, Coast Guard District Seven Waterways Management, (305) 415-6750, email [email protected] or Lieutenant Brendan Sullivan, Coast Guard District Seven Legal, U.S. Coast Guard; telephone (305) 415-6957, 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 COTP Captain of the Port II. Background, Purpose, and Legal Basis

    On January 25, 2008, 33 CFR 100.701 was published in the Federal Register (73 FR 4461) to provide permanent notice of recurring marine events in the Seventh Coast Guard District. Since that time, it was amended, (March 14, 2012 (77 FR 14962)) to remove several lines in Table 100.701 with incorrect information and to add lines regarding marine event dates, geographic locations, and corresponding regulated areas. The Coast Guard is now proposing a comprehensive revision of the table of events contained within this regulation to ensure that it accurately captures all recurring marine events in the Seventh Coast Guard District and to allow respective Captains of the Port greater ease in managing events occurring in their zones.

    33 U.S.C. 1233 provides the legal basis for the Coast Guard's authority to establish special local regulations. The purpose of the rule is to provide for the safety of life on the navigable waters of the Seventh Coast Guard District during recurring marine events.

    III. Discussion of Proposed Rule

    The Coast Guard proposes to revise the list of permanent special regulations contained in 33 CFR 100.701 for recurring marine events within the geographic boundary of the Seventh Coast Guard District. In general, the Seventh Coast Guard District is comprised of the land areas and U.S. navigable waters adjacent to South Carolina, Georgia, Florida, and Puerto Rico. For a detailed description of the geographical area of the District and each Coast Guard Sector, please refer to 33 CFR 3.35.

    At present, there are a great number of annually recurring marine events within the Seventh Coast Guard District. These events are currently listed in a single table, with no demarcation by which to easily identify specific events. This proposed change to the regulation includes breaking the table into seven distinct sections, one for each Captain of the Port (COTP) zone. Each event within each COTP section will be assigned a line number, which will result in each event being easily identifiable based on its location within a table and line and will make future editing or enforcement of any event a more streamlined process.

    Additionally, the Coast Guard seeks to update the regulation to ensure that it accurately reflects all recurring events within the Seventh District, to include marine events which started on a recurring basis since the last revision of this regulation and any marine events which may have been left off of the last revision.

    The proposed changes to this rule will reduce the administrative burden on the Coast Guard by ensuring all recurring events are represented in the table and by minimizing the need to duplicate the rulemaking process for repeat events. Additionally, when notices of enforcement are published for recurring events, these amendments will clarify the regulation and implications referenced. Generally, the public will be advised of these events and specific information, including exact dates, specific areas, and description of the regulated area, through Local Notice to Mariners and Broadcast Notice to Mariners. The notices will contain the following information:

    (i) Name and sponsoring organization of event;

    (ii) Expected number of participants;

    (iii) Course of event;

    (iv) Regulated area;

    (v) Spectator Area, if applicable; and

    (vi) Dates and times of event and enforcement of regulations.

    The Coast Guard realizes that some large scale events, such as those with many participants or spectators, or those that could severely restrict navigation or pose a significant hazard, may still require separate special local regulations or safety zones that address the specific peculiarities of the event. In those situations, the Coast Guard will create special local regulations or safety zones specifically for the event, and those regulations will supersede the proposed regulations in this rulemaking. However, the Coast Guard believes that a majority of the events held on the waters of the Seventh Coast Guard District may be adequately regulated by the requirements of this proposed rule.

    Due to the activities involved, the large number of participants and spectators present, and event locations, the Coast Guard has determined that the events listed in this rule could pose a risk to participants or waterway users if normal vessel traffic were to interfere with the event. Possible hazards include risks of participant injury or death resulting from near or actual contact with non-participant vessels transiting through the regulated areas. In order to protect the safety of all waterway users including event participants and spectators, this proposed rule would establish special local regulations for the time and location of each marine event.

    This proposed rule will prevent vessels from entering, transiting, mooring or anchoring within areas specifically designated as regulated areas during the periods of enforcement unless authorized by the Captain of the Port, or designated Coast Guard Patrol Commander. A designated “Patrol Commander” includes Coast Guard commissioned, warrant, or petty officers who have been designated by the Captain of the Port to act on their behalf. Patrol Commanders may be augmented by local, State, or Federal officials authorized to act in support of the Coast Guard.

    Only event sponsors, designated participants, and official patrol vessels will be allowed to enter regulated areas unless otherwise given permission by the Patrol Commander or the Captain of the Port. Spectators may be confined to a designated spectator area to view events. Spectators may contact the Coast Guard Patrol Commander to request permission to pass through the regulated area. If permission is granted, spectators must pass directly through the regulated area at safe speed and without loitering.

    The Coast Guard proposes to revise 33 CFR 100.701 by adding 18 new recurring marine events as special local regulations listed in this section. Furthermore, the Coast Guard proposes to modify 14 existing regulated areas and remove 111 regulated areas that are no longer active.

    IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been designated a “significant regulatory action,” under E.O. 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget.

    This regulatory action determination is based on the following factors: (1) The regulations will be enforced for short, predefined periods of time; (2) persons and vessels may enter, transit through, anchor in or otherwise access the restricted areas with authorization from the respective Captains of the Port; (3) the Coast guard will provide advance notification of the regulations to the local community by issuing Notice of Enforcements, Broadcast Notice to Mariners, and Patrol Commanders. Moreover, in the majority of cases, vessels will be able to safely transit around restricted areas.

    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 proposed rule would 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 IV.A above this proposed rule would not have a significant economic impact on any vessel owner or operator.

    If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it.

    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 proposed 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.

    C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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 proposed 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

    F. Environment

    We have analyzed this proposed 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 made a preliminary determination 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 proposed rule involves amending and republication of a table of recurring marine events for special regulations issued in conjunction with a regatta or marine parade. The events themselves are permitted by the Coast Guard before this regulation would be utilized and the permitting process involves a thorough environmental review. Normally such actions are categorically excluded from further review under paragraph 34(h) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary environmental analysis checklist and 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 proposed 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.

    V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.

    We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086).

    Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published.

    List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows:

    PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: Authority:

    33 U.S.C. 1233.

    2. Amend section 100.701 by revising TABLE 1 TO SEC. 100.701 to read as follows:
    §  100.701 Special Local Regulations; Marine Events in the Seventh Coast Guard District Table to § 100.701 No. Date Event Sponsor Location (a) COTP Zone Miami; Special Local Regulations 1 2nd or 3rd Weekend in June Rotary Club of Fort Lauderdale New River Raft Race Rotary Club of Fort Lauderdale All waters of the New River contained within the following points: starting at Point 1 in position 26°07′10″ N., 80°08′52″ W.; thence southeast to Point 2 in position 26°07′05″ N., 80°08′34″ W.; thence southwest to Point 3 in position 26°07′04″ N., 80°08′35″ W.; thence northwest to Point 4 in position 26°07′08″ N., 80°08′52″ W.; thence north back to origin. 2 2nd or 3rd weekend in April Stuart Sailfish Regatta Stuart Sailfish, Inc All waters of Indian River located northeast of Ernest Lyons Bridge and south of Joes Cove that are encompassed within a line connecting the following points, with the exception of the spectator area: Starting at Point 1 in position 27°12′47″ N., 80°11′43″ W.; thence southeast to Point 2 in position 27°12′22″ N., 80°11′28″ W.; thence northeast to Point 3 in position 27°12′35″ N., 80°11′00″ W.; thence northwest to Point 4 in position 27°12′47″ N., 80°11′04″ W.; thence northeast to Point 5 in position 27°13′05″ N., 80°11′01″ W.; thence southeast back to origin. 3 2nd or 3rd week in April Ft. Lauderdale Air Show Lauderdale Air Show LLC (1) Exclusion area. All waters of the Atlantic Ocean in the vicinity of Fort Lauderdale, Florida that are encompassed within a line connecting the following points: Starting at Point 1 in position 26°10′39″ N., 80°05′47″ W.; thence southeast to Point 2 in position 26°10′32″ N., 80°04′39″ W.; thence southwest to Point 3 in position 26°06′33″ N., 80°05′08″ W.; thence northwest to Point 4 in position 26°06′40″ N., 80°06′15″ W.; thence northeast back to origin. All persons and vessels, except those persons and vessels participating in the event, are prohibited from entering, transiting through, anchoring in, or remaining within the exclusion area. (2) Limited access area. All waters of the Atlantic Ocean in the vicinity of Fort Lauderdale, Florida that are encompassed within a line connecting the following points: Starting at Point 1 in position 26°05′41″ N., 80°06′59″ W.; thence southeast to Point 2 in position 26°05′26″ N., 80°06′51″ W.; thence northeast to Point 3 in position 26°05′32″ N., 80°05′24″ W.; thence north to Point 4 in position 26°05′42″ N., 80°05′24″ W.; thence southwest back to origin. All vessels 500 gross tons or greater are prohibited from entering, transiting through, anchoring in, or remaining within the regulated area unless authorized by the Captain of the Port Miami or a designated representative. 4 2nd or 3rd weekend in April Red Bull Candola Red Bull North America All waters of the New River between the Esplanade Park and slightly east of the South Andrews Avenue Bascule Bridge encompassed between the following points: Point 1 in position 26°07′09″ N., 80°08′52″ W. and Point 2 in position 26°07′04″ N., 80°08′34″ W. 5 2nd or 3rd weekend in May Miami Superboat Grand Prix Super Boat International Productions, Inc All waters of the Atlantic Ocean east of Miami Beach, FL encompassed within a line connecting the following points: Starting at Point 1 in position 25°49′14″ N., 80°07′13″ W.; thence east to Point 2 in position 25°49′13″ N., 80°06′48″ W.; thence southwest to Point 3 in 25°46′00″ N., 80°07′26″ W.; thence west to Point 4 in position 25°46′00″ N., 80°07′51″ W.; thence northeast back to origin. 6 1st or 2nd weekend in June West Palm Beach Triathlon Game On Sports Marketing Group All waters of the Intracoastal Waterway in West Palm Beach, Florida between the Flagler Memorial Bridge to the Royal Palm Way Bridge. 7 2nd or 3rd weekend in September Publix Escape to Miami Triathlon US Road Sports and Entertainment of Florida, LLC All waters of Biscayne Bay, east of Margaret Pace Park, Miami, FL encompassed within a line connecting the following points: Starting at Point 1 in position 25°47′40″ N., 80°11′07″ W.; thence northeast to Point 2 in position 25°48′13″ N., 80°10′48″ W.; thence southeast to Point 3 in 25°47′59″ N., 80°10′34″ W.; thence south to Point 4 in position 25°47′52″ N., 80°10′34″ W.; thence southwest to Point 5 in position 25°47′33″ N., 80°11′07″ W.; thence north back to origin. 8 2nd or 3rd weekend in October Ironman 70.3 Miami Tri Events All waters of Biscayne Bay located east of Bayfront Park and encompassed within a line connecting the following points: Starting at Point 1 in position 25°46′44″ N., 080°11′00″ W.; thence southeast to Point 2 in position 25°46′24″ N., 080°10′44″ W.; thence southwest to Point 3 in position 25°46′18″ N., 080°11′05″ W.; thence north to Point 4 in position 25°46′33″ N., 080°11′05″ W.; thence northeast back to origin. All coordinates are North American Datum 1983. 9 2nd or 3rd week in October West Palm Beach World Championship Offshore Powerboat Association LLC All waters of the Atlantic Ocean east of Jupiter, FL encompassed within a line connecting the following points: Starting at Point 1 in position 26°56′06″ N., 80°04′06″ W.; thence northeast to Point 2 in position 26°56′11″ N., 80°03′38″ W.; thence southeast to Point 3 in 26°53′11″ N., 80°02′35″ W.; thence southwest to Point 4 in position 26°53′03″ N., 80°03′06″ W.; thence northwest back to origin. 10 1st or 2nd weekend in November Red Bull Flugtag Red Bull North America All waters of Biscayne Bay, Miami, FL between Bayfront Park and the Intercontinental-Miami Hotel encompassed within a line connecting the following points: Starting at point 1 in position 25°46′32″ N., 80°11′06″ W.; thence southeast to point 2 in position 25°46′30″ N., 80°11′04″ W.; thence south to point 3 in position 25°46′26″ N., 80°11′04″ W.; thence southwest to point 4 in position 25°46′25″ N., 80°11′06″ W.; thence north back to origin. 11 1st or 2nd weekend in December Boynton & Delray Holiday Boat Parade Boynton Reach Community Redevelopment Agency All waters within a moving zone that will begin at Boynton Inlet and end at the C-15 Canal, which will include a buffer zone extending 50 yards ahead of the lead parade vessel and 50 yards astern of the last participating vessel and 50 yards on either side of the parade. 12 1st or 2nd weekend in December Palm Beach Holiday Boat Parade Marine Industries Association of Palm Beach County All waters within a moving zone that will begin at Lake Worth Daymarker 28 in North Palm Beach and end at Loxahatchee River Daymarker 7 east of the Glynn Mayo Highway Bridge in Jupiter, FL, which will include a buffer zone extending 50 yards ahead of the lead parade vessel and 50 yards astern of the last participating vessel and 50 yards on either side of the parade. 13 2nd or 3rd weekend in December Miami Outboard Club Holiday Boat Parade Miami Outboard Club All waters within a moving zone that will transit as follows: The marine parade will begin at the Miami Outboard Club on Watson Island, head north around Palm Island and Hibiscus Island, head east between Di Lido Island, south through Meloy Channel, west through Government Cut to Bicentennial Park, south to the Dodge Island Bridge, south in the Intracoastal Waterway to Claughton Island, circling back to the north in the Intracoastal Waterway to end at the Miami Outboard Club. This will include a buffer zone extending to 50 yards ahead of the lead vessel and 50 yards astern of the last participating vessel and 50 yards on either side of the parade. 14 2nd or 3rd weekend in December Seminole Hard Rock Winterfest Holiday Boat Parade Winterfest, Inc All waters within a moving zone that will begin at Cooley's Landing Marina and end at Lake Santa Barbara, which will include a buffer zone extending 50 yards ahead of the lead parade vessel and 50 yards astern of the last participating vessel and 50 yards on either side of the parade. 15 2nd or 3rd weekend in December City of Pompano Beach Holiday Boat Parade Greater Pompano Beach Chamber of Commerce All waters within a moving zone that will begin at Lake Santa Barbara and head north on the Intracoastal Waterway to end at the Hillsboro Bridge, which will include a buffer zone extending 50 yards ahead of the lead parade vessel and 50 yards astern of the last participating vessel and 50 yards on either side of the parade. (b) COTP Zone San Juan; Special Local Regulation 1 1st Friday, Saturday, and Sunday of February CNSJ International Regatta Club Nautico de San Juan San Juan, Puerto Rico; (1) Outer Harbor Race Area. All waters of Bahia de San Juan within a line connecting the following points: Starting at Point 1 in position 18°28.4′ N., 66°07.6′ W.; then south to Point 2 in position 18°28.1′ N., 66°07.8′ W.; then southeast to Point 3 in position 18°27.8′ N., 66°07.4′ W.; then southeast to point 4 in position 18°27.6′ N., 66°07.3′ W.; then west to point 5 in position 18°27.6′ N., 66°07.8′ W.; then north to point 6 in position 18°28.4′ N., 66°07.8′ W.; then east to the origin. (2) Inner Harbor Race Area; All waters of Bahia de San Juan within a line connecting the following points: Starting at Point 1 in position 18°27.6′ N., 66°07.8′ W.; then east to Point 2 in position 18°27.6′ N., 66°07.1′ W.; then southeast to Point 3 in position 18°27.4′ N., 66°06.9′ W.; then west to point 4 in position 18°27.4′ N., 66°07.7′ W.; then northwest to the origin. 2 Last Full Weekend of March St. Thomas International Regatta St. Thomas Yacht Club St. Thomas, U.S. Virgin Islands; All waters of St. Thomas Harbor encompassed within the following points: Starting at Point 1 in position 18°19.9′ N., 64°55.9′ W.; thence east to Point 2 in position 18°19.97′ N., 64°55.8′ W.; thence southeast to Point 3 in position 18°19.6′ N., 64°55.6′ W.; thence south to point 4 in position 18°19.1′ N., 64°55.5′ W.; thence west to point 5 in position 18°19.1′ N., 64°55.6′ W.; thence north to point 6 in position 18°19.6′ N., 64°55.8′ W.; thence northwest back to origin at Harbor, St. Thomas, San Juan. 3 Last week of April St. Thomas Carnival Virgin Islands Carnival Committee St. Thomas, U.S. Virgin Islands; (1) Race Area. All waters of the St. Thomas Harbor located around Hassel Island, St. Thomas, U.S. Virgin Island encompassed within the following points: Starting at Point 1 in position 18°20.2′ N., 64°56.1′ W.; thence southeast to Point 2 in position 18°19.7′ N., 64°55.7′ W.; thence south to Point 3 in position 18°19.4′ N., 64°55.7′ W.; thence southwest to point 4 in position 18°19.3′ N., 64°56.0′ W.; thence northwest to point 5 in position 18°19.9′ N., 64°56.5′ W.; thence northeast to point 6 in position 18°20.2′ N., 064°56.3′ W.; thence east back to origin. (2) Jet Ski Race Area. All waters encompassed the following points: Starting at Point 1 in position 18°20.1′ N., 64°55.9′ W.; thence west to Point 2 in position 18°20.1′ N., 64°56.1′ W.; thence north to Point 3 in position 18°20.3′ N., 64°56.1′ W.; thence east to Point 4 in position 18°20.3′ N., 64°55.9′ W.; thence south back to origin. (3) Buffer Zone. All waters of the St. Thomas Harbor located around Hassel Island, encompassed within the following points: Starting at Point 1 in position 18°20.3′ N., 64°55.9′ W.; thence southeast to Point 2 in position 18°19.7′ N., 64°55.7′ W.; thence south to Point 3 in position 18°19.3′ N., 64°55.72′ W.; thence southwest to Point 4 in position 18°19.2′ N., 64°56′ W.; thence northwest to Point 5 in position 18°19.9′ N., 64°56.5′ W.; thence northeast to Point 6 in position 18°20.3′ N., 64°56.3′ W.; thence east back to origin. (4) Spectator Area. All waters of the St. Thomas Harbor located east of Hassel Island, encompassed within the following points: Starting at Point 1 in position 18°20.3′ N., 64°55.8′ W.; thence southeast to Point 2 in position 18°19.9′ N., 64°55.7′ W.; thence northeast to Point 3 in position 18°20.2′ N., 64°55.5′ W.; thence northwest back to origin. 4 1st Sunday of May Ironman 70.3 St. Croix Project St. Croix, Inc St. Croix (Christiansted Harbor), U.S. Virgin Islands; All waters encompassed within the following points: Point 1 on the shoreline at Kings Wharf at posn 17°44′51″ N., 064°42′16″ W., thence north to point 2 at the southwest corner of Protestant Cay in posn 17°44′56″ N., 064°42′12″ W., then east along the shoreline to point 3 at the southeast corner of Protestant Cay in posn 17°44′56″ N., 064°42′08″ W., thence northeast to point 4 at Christiansted Harbor Channel Round Reef Northeast Junction Lighted Buoy RR in position 17°45′24″ N., 064°41′45″ W., thence southeast to point 5 at Christiansted Schooner Channel Lighted Buoy 5 in position 17°45′18″ N., 064°41′43″ W., thence southwest to point 6 at Christiansted Harbor Channel Buoy 15 in position 17°44′56″ N., 064°41′56″ W., thence southwest to point 7 on the shoreline north of Fort Christiansted in position 17°44′51″ N., 064°42′05″ W., thence west along the shoreline to origin. 5 July 4th Fireworks Display St. John Festival & Cul., Org St. John (West of Cruz Bay/Northeast of Steven Cay), U.S. Virgin Islands; All waters from the surface to the bottom for a radius of 200 yards centered around position 18°19′55″ N., 064°48′06″ W. 6 3rd Week of July, Sunday San Juan Harbor Swim Municipality of Cataño San Juan Harbor, San Juan, Puerto Rico; All waters encompassed within the following points: Point 1: La Puntilla Final, Coast Guard Base at position 18°27′33″ N., 066°07′00″ W., then south to point 2: Cataño Ferry Pier at position 18°26′36″ N., 066°07′00″ W., then northeast along the Cataño shoreline to point 3: Punta Cataño at position 18°26′40″ N., 066°06′48″ W., then northwest to point 4: Pier 1 San Juan at position 18°27′40″ N., 066°06′49″ W., then back along the shoreline to origin. 7 1st Sunday of September Cruce A Nado International Cruce a Nado Inc Ponce Harbor, Bahia de Ponce, San Juan; All waters of Bahia de Ponce encompassed within the following points: Starting at Point 1 in position 17°58.9′ N., 66°37.5′ W.; thence southwest to Point 2 in position 17°57.5′ N., 66°38.2′ W.; thence southeast to Point 3 in position 17°57.4′ N., 66°37.9′ W.; thence northeast to point 4 in position 17°58.7′ N., 66°37.3′ W.; thence northwest along the northeastern shoreline of Bahia de Ponce to the origin. 8 2nd Sunday of October St. Croix Coral Reef Swim The Buccaneer Resort St. Croix, U.S. Virgin Islands; All waters of Christiansted Harbor within the following points: Starting at Point 1 in position 18°45.7′ N., 64°40.6′ W.; then northeast to Point 2 in position 18°47.3′ N., 64°37.5′ W.; then southeast to Point 3 in position 17°46.9′ N., 64°37.2′ W.; then southwest to point 4 in position 17°45.51′ N., 64°39.7′ W.; then northwest to the origin. 9 December 31st Fireworks St. Thomas, Great Bay Mr. Victor Laurenza, Pyrotecnico, New Castle, PA St. Thomas (Great Bay area), U.S. Virgin Islands; All waters within a radius of 600 feet centered around position 18°19′14″ N., 064°50′18″ W. 10 December-1st week Christmas Boat Parade St. Croix Christmas Boat Committee St. Croix (Christiansted Harbor), U.S. Virgin Islands; 200 yards off-shore around Protestant Cay beginning in posn 17°45′56″ N., 064°42′16″ W., around the cay and back to the beginning position. 11 December-2nd week Christmas Boat Parade Club Nautico de San Juan San Juan, Puerto Rico; Parade route. All waters of San Juan Harbor within a moving zone that will begin at Club Nautico de San Juan, move towards El Morro and then return, to Club Nautico de San Juan; this zone will at all times extend 50 yards in front of the lead vessel, 50 yards behind the last vessel, and 50 yards out from all participating vessels. (c) COTP Zone Key West; Special Local Regulation 1 January 1st Blessing of the Fleet Islamorada Charter Boat Association From Whale Harbor Channel to Whale Harbor Bridge, Islamorada, Florida. 2 January through April, last Monday or Tuesday Wreckers Cup Races Schooner Wharf Bar Key West Harbor to Sand Key, Florida (Gulf of Mexico side). 3 3rd Week of January, Monday-Friday Yachting Key West Race Week Premiere Racing, Inc Inside the reef on either side of main ship channel, Key West Harbor Entrance, Key West, Florida. 4 1st Saturday of February The Bogey Florida Bay Outfitters Blackwater Sound (entire sound), Key Largo, Florida. 5 1st Sunday of February The Bacall Florida Bay Outfitters Blackwater Sound (entire sound), Key Largo, Florida. 6 3rd Weekend of April Miami to Key Largo Sailboat Race MYC Youth Sailing Foundation, Inc Biscayne Bay and Intracoastal Waterway from the Rickenbacker Causeway in Miami, Florida to Key Biscayne to Cape Florida to Soldier Key to Sands Key to Elliot Key to Two Stacks to Card Sound to Barnes Sound to Blackwater Sound in Key Largo, Florida no closer than 500 feet from each vessel. 7 Last Friday of April Conch Republic Navy Parade and Battle Conch Republic All waters approximately 150 yards offshore from Ocean Key Sunset Pier, Mallory Square and the Hilton Pier within the Key West Harbor in Key West, Florida. 8 1st Weekend of June Swim around Key West Florida Keys Community College Beginning at Smather's Beach in Key West, Florida. The regulated area will move, west to the area offshore of Fort Zach State Park, north through Key West Harbor, east through Flemming Cut, south on Cow Key Channel and west back to origin. The center of the regulated area will at all times remain approximately 50 yards offshore of the island of Key West Florida; extend 50 yards in front of the lead safety vessel preceding the first race participants; extend 50 yards behind the safety vessel trailing the last race participants; and at all times extend 100 yards on either side of the race participants and safety vessels. 9 2nd Week of November, Wednesday-Sunday Key West World Championship Super Boat International Productions, Inc In the Atlantic Ocean, off the tip of Key West, Florida, on the waters of the Key West Main Ship Channel, Key West Turning Basin, and Key West Harbor Entrance. 10 1st Thursday of December Boot Key Harbor Christmas Boat Parade Dockside Marina Boot Key Harbor (entire harbor), Marathon, Florida. 11 2nd Sunday of December Key Colony Beach Holiday Boat Parade Key Colony Beach Community Association Key Colony Beach, Marathon, Florida, between Vaca Cut Bridge and Long Key Bridge. 12 3rd Saturday of December Key Largo Boat Parade Key Largo Boat Parade From Channel Marker 41 on Dusenbury Creek in Blackwater Sound to tip of Stillwright Point in Blackwater Sound, Key Largo, Florida. 13 3rd Saturday of December Key West Lighted Boat Parade Schooner Wharf Bar All waters between Christmas Tree Island and Coast Guard Station thru Key West Harbor to Mallory Square, approximately 35 yards from shore. (d) COTP Zone St. Petersburg; Special Local Regulation 1 3rd Saturday of January Gasparilla Children's Parade Air show Air Boss and Consulting All waters of Hillsborough Bay north of an line drawn at 27°55′ N., west of Davis Islands, and south of the Davis Island Bridge. 2 Last Saturday of January Gasparilla Boat Parade YE Mystic Krewe of Gasparilla Tampa Bay, Florida, including all waters of Hillsborough Bay and its tributaries north of a line drawn along latitude 27°51′18″ N., Hillsborough Cut “D” Channel, Sparkman Channel, Ybor Channel, Seddon Channel and the Hillsborough River south of the John F. Kennedy Bridge. 3 Last Friday, Saturday, and Sunday of March Honda Grand Prix Honda Motor Company and City of St. Petersburg Demens Landing St Petersburg Florida; All waters within 100 ft. of the seawall. 4 Last Friday, Saturday, and Sunday of March St. Pete Grand Prix Air show Honda Motor Company and City of St. Petersburg South Yacht Basin, Bayboro Harbor, Gulf of Mexico, St. Petersburg, Florida, within two nautical miles of the Albert Whitted Airport. 5 Last Sunday of April St. Anthony's Triathlon St. Anthony's Healthcare Gulf of Mexico, St. Petersburg, Florida within one nautical mile of Spa Beach. 6 July 4th Freedom Swim None Peace River, St. Petersburg, Florida within two nautical miles of the US 41 Bridge. 7 1st Sunday of July Suncoast Offshore Grand Prix Suncoast Foundation for the Handicapped Gulf of Mexico in the vicinity of Sarasota, Florida from New Pass to Siesta Beach out to eight nautical miles. 8 3rd Friday, Saturday, and Sunday of September Homosassa Raft Race Citrus 95 FM radio Homosassa River in Homosassa, Florida Between Private Green Dayboard 81 east located in approximate position 28°46′58.937″ N., 082°37′25.131″ W., to private Red Dayboard 2 located in approximate position 28°47′19.939″ N., 082°36′44.36″ W. 9 September 30th Clearwater Superboat Race Superboat International (1) Race Area; All waters of the Gulf of Mexico near St. Petersburg, Florida, contained within the following points: 27°58.96′ N., 82°50.05′ W.; thence to position 27°58.60′ N., 82°50.04′ W.; thence to position 27°58.64′ N., 82°50.14′ W.; thence to position 28°00.43′ N., 82°50.02′ W.; thence to position 28°00.45′ N., 82°50.13′ W.; thence back to the start/finish position; (2) Buffer Area; All waters of the Gulf of Mexico encompassed within the following points: 27°58.4′ N., 82°50.2′ W.; thence to position 27°58.3′ N., 82°49.9′ W.; thence to position 28°00.6′ N., 82°50.2′ W.; thence to position 28°00.7′ N., 82°49.7′W.; thence back to position 27°58.4′ N., 82°50.2′ W. (3) Spectator Area; All waters of Gulf of Mexico seaward of the following points: 27°58.6′ N., 82°50.2′ W., thence to position 28°00.5′ N., 82°50.2′ W. 10 Last weekend of September Cocoa Beach Grand Prix of the Seas Powerboat P1—USA, LLC Atlantic ocean at Cocoa Beach, Florida. Sheppard Park. All waters encompassed within the following points: Starting at point 1 in position 28°22.285′ N., 80°36.033′ W.; thence east to Point 2 in position 28°22.253′ N., 80°35.543′ W.; thence south to Point 3 in position 28°21.143′ N., 80°35.700′ W.; thence west to Point 4 in position 28°21.195′ N., 80°36.214′ W.; thence north back to the origin. 11 2nd Friday, Saturday, and Sunday of October St. Petersburg Airfest City of St. Petersburg South Yacht Basin, Bayboro Harbor, Gulf of Mexico, St. Petersburg, Florida all waters within 2 nautical miles of the Albert Whitted Airport. 12 3rd Thursday, Friday, and Saturday of November Ironman World Championship Triathlon City of Clearwater & Ironman North America Gulf of Mexico, Clearwater, Florida within 2 nautical miles of Clearwater Beach FL. (e) COTP Zone Jacksonville; Special Local Regulation 1 Last Saturday of February El Cheapo Sheepshead Tournament Jacksonville Offshore Fishing Club Mayport Boat Ramp, Jacksonville, Florida; 500 foot radius from the boat ramp. 2 1st Saturday of March Jacksonville Invitational Stanton Rowing Foundation (May vary) Ortega River Race Course, Jacksonville, Florida; South of Timuquana Bridge. 3 1st Saturday of March Stanton Invitational (Rowing Race) Stanton Rowing Foundation Ortega River Race Course, Jacksonville, Florida; South of Timuquana Bridge. 4 1st weekend of March Hydro X Tour H2X Racing Promotions Lake Dora, Tavares, Florida; All waters encompassed within the following points: Starting at Point 1 in position 28°47′59″ N., 81°43′41″ W.; thence south to Point 2 in position 28°47′53″ N., 81°43′41″ W.; thence east to Point 3 in position 28°47′53″ N., 81°43′19″ W.; thence north to Point 4 in position 28°47′59″ N., 81°43′19″ W.; thence west back to origin. 5 2nd Full Weekend of March TICO Warbird Air Show Valiant Air Command Titusville; Indian River, FL: All waters encompassed within the following points: Starting at the shoreline then due east to Point 1 at position 28°31′25.15″ N., 080°46′32.73″ W., then south to Point 2 located at position 28°30′55.42″ N., 080°46′32.75″ W., then due west to the shoreline. 6 3rd Weekend of March Tavares Spring Thunder Regatta Classic Race Boat Association Lake Dora, Florida, waters 500 yards seaward of Wooten Park. 7 Palm Sunday in March or April Blessing of the Fleet-Jacksonville City of Jacksonville Office of Special Events St. Johns River, Jacksonville, Florida in the vicinity of Jacksonville Landing between the Main Street Bridge and Acosta Bride. 8 Palm Sunday in March or April Blessing of the Fleet-St. Augustine City of St. Augustine St. Augustine Municipal Marina (entire marina), St. Augustine Florida. 9 1st Full Weekend of April (Saturday and Sunday) Mount Dora Yacht Club Sailing Regatta Mount Dora Yacht Club Lake Dora, Mount Dora, Florida—500 feet off Grantham Point. 10 3rd Saturday of April Jacksonville City Championships Stanton Rowing Foundation Ortega River Race Course, Jacksonville, Florida; South of Timuquana Bridge. 11 3rd weekend of April Florida Times Union Redfish Roundup The Florida Times-Union Sister's Creek, Jacksonville, Florida; All waters within a 100 yard radius of Jim King Park and Boat Ramp at Sister's Creek Marina, Sister's Creek. 12 2nd Weekend in May Saltwater Classic—Port Canaveral Cox Events Group All waters of the Port Canaveral Harbor located in the vicinity of Port Canaveral, Florida encompassed within the following points: Starting at Point 1 in position 28°24′32″ N., 080°37′22″ W., then north to Point 2 28°24′35″ N., 080°37′22″ W., then due east to Point 3 at 28°24′35″ N., 080°36′45″ W., then south to Point 4 at 28°24′32″ N., 080°36′45″, then west back to the original point. 13 1st Friday of May Isle of Eight Flags Shrimp Festival Pirate Landing and Fireworks City of Fernandina Beach All waters within a 500 yard radius around approximate position 30°40′15″ N., 81°28′10″ W. 14 1st Saturday of May Mug Race The Rudder Club of Jacksonville, Inc St. Johns River; Palatka to Buckman Bridge. 15 3rd Friday-Sunday of May Space Coast Super Boat Grand Prix Super Boat International Productions, Inc Atlantic Ocean in the vicinity of Cocoa Beach, Florida includes all waters encompassed within the following points: Starting at Point 1 in position 28°22′16″ N., 80°36′04″ W.; thence east to Point 2 in position 28°22′15″ N., 80°35′39″ W.; thence south to Point 3 in position 28°19′47″ N., 80°35′55″ W.; thence west to Point 4 in position 28°19′47″ N., 80°36′22″ W.; thence north back to origin. 16 4th weekend of May Memorial Day RiverFest City of Green Cove Springs St. Johns River, Green Cove Springs, Florida; All waters within a 500-yard radius around approximate position 29°59′39″ N., 081°40′33″ W. 17 Last full week of May (Monday-Friday) Bluewater Invitational Tournament Northeast Florida Marlin Association There is a no-wake zone in affect from the St. Augustine City Marina out to the end of the St. Augustine Jetty's 6 a.m.-8 a.m. and 3 p.m.-5 p.m. during the above days. 18 2nd weekend of June Hydro X Tour H2X Racing Promotions Lake Dora, Tavares, Florida; All waters encompassed within the following points: Starting at Point 1 in position 28°47′59″ N., 81°43′41″ W.; thence south to Point 2 in position 28°47′53″ N., 81°43′41″ W.; thence east to Point 3 in position 28°47′53″ N., 81°43′19″ W.; thence north to Point 4 in position 28°47′59″ N., 81°43′19″ W.; thence west back to origin. 19 1st Saturday of June Florida Sport Fishing Association Offshore Fishing Tournament Florida Sport Fishing Association Port Canaveral, Florida from Sunrise Marina to the end of Port Canaveral Inlet. 20 2nd weekend of June (Saturday and Sunday) Kingfish Challenge Ancient City Game Fish Association There is a no-wake zone in affect from the St. Augustine City Marina in St. Augustine, Florida out to the end of the St. Augustine Jetty's 6 a.m.-8 a.m. and 3 p.m.-5 p.m. 21 3rd Friday-Sunday of June Daytona Beach Grand Prix of the Sea Powerboat P1—USA All waters of the Atlantic Ocean East of Cocoa Beach, Florida encompassed within the following points: Starting at Point 1 in position 29°14′60″ N., 81°00′77″ W.; thence east to Point 2 in position 29°14′78″ N., 80°59′802″ W.; thence south to Point 3 in position 28°13′860″ N., 80°59′76″ W.; thence west to Point 4 in position 29°13′68″ N., 81°00′28″ W.; thence north back to origin. 22 3rd Saturday of July Halifax Rowing Association Summer Regatta Halifax Rowing Association Halifax River, Daytona, Florida, south of Memorial Bridge—East Side. 23 3rd week of July Greater Jacksonville Kingfish Tournament Jacksonville Marine Charities, Inc Jacksonville, Florida; All waters of the St. Johns River, from lighted buoy 10 (LLNR 2190) in approximate position 30°24′22″ N., 081°24′59″ W. to Lighted Buoy 25 (LLNR 7305). 24 Last weekend of September Jacksonville Dragon Boat Festival In the Pink Boutique, Inc St. John's River, Jacksonville, Florida. In front of the Landing, between the Acosta & Main Street bridges From approximate position 30°19′26″ N., 081°39′47″ W. to approximate position 30°19′26″ N., 81°39′32″ W. 25 2nd week of October First Coast Head Race Stanton Rowing Foundation St. Johns River and Arlington River, Jacksonville, Florida, starting near the Arlington Marina and ending on the Arlington River near the Atlantic Blvd. Bridge. 26 1st weekend of November Hydro X Tour H2X Racing Promotions Lake Dora, Tavares, Florida; All waters encompassed within the following points: Starting at Point 1 in position 28°47′59″ N., 81°43′41″ W.; thence south to Point 2 in position 28°47′53″ N., 81°43′41″ W.; thence east to Point 3 in position 28°47′53″ N., 81°43′19″ W.; thence north to Point 4 in position 28°47′59″ N., 81°43′19″ W.; thence west back to origin. 27 3rd Weekend of November Tavares Fall Thunder Regatta Classic Race Boat Association Lake Dora, Florida, waters 500 yards seaward of Wooten Park. 28 2nd Saturday of December St. Johns River Christmas Boat Parade St. Johns River Christmas Boat Parade, Inc St. Johns River, Deland, Florida; Whitehair Bridge, Deland to Lake Beresford. 29 2nd Saturday of December Christmas Boat Parade (Daytona Beach/Halifax River) Halifax River Yacht Club Daytona Beach, Florida; Halifax River from Seabreeze Bridge to Halifax Harbor Marina. (f) COTP Zone Savannah; Special Local Regulation 1 May, 2nd weekend, Sunday Blessing of the Fleet—Brunswick Knights of Columbus—Brunswick Brunswick River from the start of the East branch of the Brunswick River (East Brunswick River) to the Golden Isles Parkway Bridge. 2 3rd full weekend of July Augusta Southern Nationals Drag Boat Races Augusta Southern Nationals Savannah River, Augusta, Georgia, from the US Highway 1 (Fifth Street) Bridge at mile 199.5 to Eliot's Fish Camp at mile 197. 3 Last weekend of September Ironman 70.3 Ironman All waters of the Savannah River encompassed within the following points: Starting at Point 1 in position 33°28′44″ N., 81°57′53″ W.; thence northeast to Point 2 in position 33°28′50″ N., 81°57′50″ W.; thence southeast to Point 3 in position 33°27′51″ N., 81°55′36″ W.; thence southwest to Point 4 in position 33°27′47″ N., 81°55′43″ W.; thence northwest back to origin. 4 1st Saturday after Thanksgiving Day in November Savannah Harbor Boat Parade of Lights and Fireworks Westin Resort, Savannah Savannah River, Savannah Riverfront, Georgia, Talmadge bridge to a line drawn at 146 degrees true from Dayboard 62. 5 2nd Saturday of November Head of the South Regatta Augusta Rowing Club Savannah River, Augusta, Georgia; All waters within a moving zone, beginning at Daniel Island Pier in approximate position 32°51′20″ N., 079°54′06″ W., South along the coast of Daniel Island, across the Wando River to Hobcaw Yacht Club, in approximate position 32°49′20″ N., 079°53′49″ W., South along the coast of Mt. Pleasant, SC, to Charleston Harbor Resort Marina, in approximate position 32°47′20″ N., 079°54′39″ W. There will be a temporary Channel Closer from 0730 to 0815 on June 01, 2013 between Wando River Terminal Buoy 3 (LLNR 3305), and Wando River Terminal Buoy 5 (LLNR 3315). The zone will at all times extend 75 yards in front of the lead safety vessel preceding the first race participants; 75 yards behind the safety vessel trailing the last race participants; and at all times extending 100 yards on either side of the race participants and safety vessels. (g) COTP Zone Charleston; Special Local Regulation 1 2nd and 3rd weekend of April Charleston Race Week Sperry Top-Sider Charleston Harbor and Atlantic Ocean, South Carolina, All waters encompassed within an 800 yard radius of position 32°46′39″ N., 79°55′10″ W., All waters encompassed within a 900 yard radius of position 32°45′48″ N., 79°54′46″ W. All waters encompassed within a 900 yard radius of position 32°45′44″ N., 79°53′32″ W. 2 1st week of May Low Country Splash Logan Rutledge Wando River, Cooper River, Charleston Harbor, South Carolina, including the waters of the Wando River, Cooper River, and Charleston Harbor from Daniel Island Pier, in approximate position 32°51′20″ N., 079°54′06″ W., south along the coast of Daniel Island, across the Wando River to Hobcaw Yacht Club, in approximate position 32°49′20″ N., 079°53′49″ W., south along the coast of Mt. Pleasant, South Carolina, to Charleston Harbor Resort Marina, in approximate position 32°47′20″ N., 079°54′39″ W., and extending out 150 yards from shore. 3 2nd week of June Beaufort Water Festival City of Beaufort Atlantic Intracoastal Waterway, Bucksport, South Carolina; All waters of the Atlantic Intracoastal Waterway encompassed within the following points; starting at point 1 in position 33°39′11.5″ N., 079°05′36.8″ W.; thence west to point 2 in position 33°39′12.2″ N., 079°05′47.8″ W.; thence south to point 3 in position 33°38′39.5″ N., 079°05′37.4″ W.; thence east to point 4 in position 33°38′42.3″ N., 079°05′30.6″ W.; thence north back to origin. 4 3rd week of September Swim Around Charleston Kathleen Wilson Wando River, main shipping channel of Charleston Harbor, Ashley River, Charleston, South Carolina; A moving zone around all waters within a 75-yard radius around Swim Around Charleston participant vessels that are officially associated with the swim. The Swim Around Charleston swimming race consists of a 10-mile course that starts at Remley′s Point on the Wando River in approximate position 32°48′49″ N., 79°54′27″ W., crosses the main shipping channel of Charleston Harbor, and finishes at the General William B. Westmoreland Bridge on the Ashley River in approximate position 32°50′14″ N., 80°01′23″ W. 5 2nd week of November Head of the South Augusta Rowing Club Upper Savannah River mile marker 199 to mile marker 196, Georgia. 6 2nd week December Charleston Harbor Christmas Parade of Boats City of Charleston Charleston harbor, South Carolina, from Anchorage A through Shutes Folly, Horse Reach, Hog Island Reach, Town Creek Lower Reach, Ashley River, and finishing at City Marina.
    Dated: January 11, 2016. S.A. Buschman, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District.
    [FR Doc. 2016-01032 Filed 1-20-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No FWS-HQ-ES-2015-0176; 4500030113] RIN 1018-A104 Endangered and Threatened Wildlife and Plants; Proposed Removal of the Scarlet-Chested Parakeet and Turquoise Parakeet From the List of Endangered and Threatened Wildlife 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 September 2, 2003, proposed rule to remove the scarlet-chested parakeet (Neophema splendida) and the turquoise parakeet (Neophema pulchella) from the List (List) of Endangered and Threatened Wildlife under the Endangered Species Act of 1973, as amended. We are taking this action to determine whether removing these species from the List is still warranted, and to ensure we get the best scientific and commercial information available.

    DATES:

    We will consider comments received or postmarked on or before February 22, 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:

    You may submit comments by one of the following methods:

    (1) Electronically: Go to the Federal eRulemaking Portal: http://www.regulations.gov. In the Search field, enter FWS-HQ-ES-2015-0176, which is the docket number for this rulemaking. Then, click the Search button. 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-HQ-ES-2015-0176, Division of Policy and Directives Management; 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:

    Janine Van Norman, Chief, Branch of Foreign Species, Ecological Services, U.S. Fish and Wildlife Service, MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone, 703-358-2171; facsimile, 703-358-1735. If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800-877-8339.

    SUPPLEMENTARY INFORMATION:

    Background

    In our September 2, 2003 proposed rule (68 FR 52169), we proposed to remove the scarlet-chested parakeet (Neophema splendida) and the turquoise parakeet (Neophema pulchella) from the List of Endangered and Threatened Wildlife under the Act, because the endangered designation no longer correctly reflected the current conservation status of these birds. Our review of the status of the species at the time showed that the wild populations of these species were stable and increasing, with more than 20,000 breeding-age turquoise parakeets and 10,000 breeding-age scarlet-chested parakeets found throughout their range. Furthermore, trade in wild caught specimens was strictly limited, and the species' were protected through domestic regulation within the range country (Australia), as well as through additional national and international treaties and laws. Currently, the Act prohibits the import, export and interstate and foreign commerce of these species, unless the individual can prove that the otherwise prohibited act enhances the propagation or survival of the species, or it is for scientific research. Removal of these species from the List means that the protections of the Act will no longer apply. However, protections under the Convention on International Trade of Endangered Fauna and Flora the Lacey Act and the Wild Bird Conservation Act (for wild-caught specimens only) would remain unchanged.

    For more information on previous Federal actions concerning the scarlet-chested and turquoise parakeet, or information regarding the species' biology, status, distribution, and habitat, refer to the proposed rule published in the Federal Register on September 2, 2003 (68 FR 52169), which is available online at http://www.thefederalregister.org/fdsys/granule/FR-2003-09-02/03-22225, or by mail from the U.S. Fish and Wildlife Service in Falls Church, VA (see FOR FURTHER INFORMATION CONTACT).

    Public Comments

    We will accept written comments and information during this reopened comment period on our proposal to remove the scarlet-chested parakeet (Neophema splendida) and the turquoise parakeet (Neophema pulchella) from the List. 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 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-HQ-ES-2015-0176, or by appointment, during normal business hours at the U.S. Fish and Wildlife Service, Falls Church, VA (see FOR FURTHER INFORMATION CONTACT).

    Authors

    The primary authors of this notice are staff members in the Ecological Services Program, U.S. Fish and Wildlife Service, Falls Church, VA.

    Authority

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

    Dated: January 8, 2016. Stephen Guertin, Acting Director, U.S. Fish and Wildlife Service.
    [FR Doc. 2016-01142 Filed 1-20-16; 8:45 am] BILLING CODE 4333-55-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 RIN 0648-BF05 Fisheries of the Exclusive Economic Zone Off Alaska; Western Alaska Community Development Quota Program AGENCY:

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

    ACTION:

    Notice of availability of fishery management plan amendment; request for comments.

    SUMMARY:

    The North Pacific Fishery Management Council (Council) has submitted Amendment 109 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) to the Secretary of Commerce (Secretary) for review. If approved, Amendment 109 would amend the FMP to support increased participation in local small-scale groundfish fisheries managed under the Western Alaska Community Development Quota (CDQ) Program. Specifically, Amendment 109 would amend the description of observer coverage requirements in the FMP to allow catcher vessels less than or equal to 46 feet (ft) (14.0 meters (m)) length overall (LOA) using hook-and-line gear to be placed in the partial observer coverage category when groundfish CDQ fishing. In addition, Amendment 109 would exempt operators of registered catcher vessels greater than 32 ft (9.8 m) LOA and less than or equal to 46 ft LOA using hook-and-line gear from the requirement to obtain and carry a License Limitation Program (LLP) license when conducting groundfish CDQ fishing. Amendment 109 also would update descriptive information about the CDQ Program in the FMP and make several editorial revisions. The objective of Amendment 109 is to facilitate increased participation by residents of CDQ communities in the groundfish CDQ fisheries in the Bering Sea and Aleutian Islands Management Area (BSAI), and to support economic development in western Alaska. This action would benefit the six CDQ groups and the operators of local small hook-and-line catcher vessels that the CDQ groups authorize to participate in the groundfish CDQ fisheries by reducing the costs of participating in those fisheries.

    DATES:

    Submit comments on or before March 21, 2016.

    ADDRESSES:

    You may submit comments on this document, identified by NOAA-NMFS-2015-0060, by any of the following methods:

    • Electronic Submission: Submit all electronic public comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0060, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    • Mail: Submit written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Mail comments to P. O. Box 21668, Juneau, AK 99802-1668.

    Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).

    Electronic copies of the Regulatory Impact Review/Initial Regulatory Flexibility Analysis/Environmental Assessment prepared for this action (collectively the “Analysis”) are available from http://www.regulations.gov or from the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov.

    FOR FURTHER INFORMATION CONTACT:

    Sally Bibb, 907-586-7389.

    SUPPLEMENTARY INFORMATION:

    The Magnuson-Stevens Fishery and Conservation Act (Magnuson-Stevens Act) in section 304(a) requires that each regional fishery management council submit an amendment to a fishery management plan for review and approval, disapproval, or partial approval by the Secretary. The Magnuson-Stevens Act in section 304(a) also requires that the Secretary, upon receiving an amendment to a fishery management plan, immediately publish a notice in the Federal Register announcing that the amendment is available for public review and comment. The Council has submitted Amendment 109 to the Secretary for review. This notice announces that proposed Amendment 109 to the FMP is available for public review and comment.

    Amendment 109 to the FMP was adopted by the Council in February 2015. The objective of Amendment 109 is to facilitate increased participation by residents of CDQ communities in the groundfish CDQ fisheries in the BSAI, thereby supporting economic development in western Alaska. This action would benefit the six CDQ groups and the operators of local small hook-and-line catcher vessels that the CDQ groups authorize to participate in the groundfish CDQ fisheries by reducing the costs of participating in those fisheries.

    If approved by the Secretary, Amendment 109 would amend Section 3.2.4.1 of the FMP to revise the description of observer coverage requirements to allow catcher vessels less than or equal to 46 ft LOA using hook-and-line gear to be placed in the partial observer coverage category when groundfish CDQ fishing, and make several editorial revisions. The editorial revisions to Section 3.2.4.1 would replace the terms “<100% observer coverage” and “≥100% observer coverage” with the more accurate terms “partial observer coverage category” and “full observer coverage category,” and correct capitalization and grammatical errors. In addition, Amendment 109 would amend Section 3.3.1 of the FMP to add registered catcher vessels greater than 32 ft LOA and less than or equal to 46 ft LOA using hook-and-line gear when groundfish CDQ fishing to the list of exemptions from the LLP license requirements. Amendment 109 also would update descriptive information about the CDQ Program in Section 4.5.4 of the FMP, and make other miscellaneous revisions to the FMP consistent with these amendments.

    Background

    The CDQ Program is an economic development program associated with federally managed fisheries in the BSAI. The purpose of the CDQ Program is to provide western Alaska communities with the opportunity to participate and invest in BSAI fisheries, to support economic development in western Alaska, to alleviate poverty and provide economic and social benefits for residents of western Alaska, and to achieve sustainable and diversified local economies in western Alaska. Regulations establishing the CDQ Program were first implemented in 1992. Congress amended the Magnuson-Stevens Act in 1996 through the Sustainable Fisheries Act (Public Law 104-297) to include specific provisions governing the CDQ Program.

    The CDQ Program also is a catch share program that allocates a portion of the BSAI total allowable catch limits for specific target crab and groundfish species, a portion of the commercial catch limits for halibut assigned by the International Pacific Halibut Commission, and portions of certain prohibited species catch (PSC) limits to the CDQ Program, referred to as prohibited species quota (PSQ). These amounts are then further allocated among the six CDQ groups as allocations that may be transferred among the CDQ groups (with the exception of Chinook salmon PSQ, which may be transferred to other authorized American Fisheries Act entities). The primary focus of Amendment 109 is on the halibut CDQ allocations, the Pacific cod CDQ allocations, and allocations of the halibut PSQ needed to support the Pacific cod CDQ fisheries.

    There are 65 communities eligible to participate in the CDQ Program. Each community is represented by one of the six CDQ groups. The 65 eligible communities and the CDQ groups are identified in the Magnuson-Stevens Act at section 305(i)(1)(D) and in Table 7 to 50 CFR part 679. CDQ groups use the revenue derived from the harvest of their fisheries allocations as a basis for funding economic development activities and for providing employment opportunities. The successful harvest of CDQ Program allocations is integral to achieving the goals of the CDQ Program and the community development plans of each CDQ group. One of the most effective ways the CDQ groups provide benefits to residents of their CDQ communities is to use the CDQ allocations to create local small-scale commercial fisheries. For purposes of this notice, “local small-scale” means CDQ fisheries prosecuted by catcher vessels that are less than or equal to 46 ft LOA, using hook-and-line gear, and homeported or operated from CDQ communities. These local small-scale CDQ fisheries provide opportunities for residents of the CDQ communities to earn income from the sale of the commercially harvested fish.

    In October 2013, the Council received a proposal from the representatives of all six of the CDQ groups to revise certain Federal regulations that restrict the ability of fishermen in CDQ communities to harvest allocations of Pacific cod CDQ with small hook-and-line catcher vessels. In particular, representatives for the CDQ groups identified full observer coverage and LLP license requirements as limitations on the ability of CDQ community fishermen to retain Pacific cod CDQ when participating in the halibut CDQ fisheries or to develop separate local small-scale directed fisheries for Pacific cod CDQ. In addition, the representatives reported that recent declines in halibut CDQ allocations could prevent the CDQ Program from meeting its economic development objectives, and the ability to develop a local small-scale Pacific cod CDQ fishery would help to offset the lost halibut harvesting and processing opportunities in the CDQ communities.

    The Council considered the CDQ groups' proposal and examined several alternative ways to implement it, ultimately adopting its preferred alternative in February 2015. The Council's preferred alternative would 1) place catcher vessels less than or equal to 46 ft LOA using hook-and-line gear in the partial observer coverage category when they are groundfish CDQ fishing; 2) exempt operators of registered catcher vessels greater than 32 ft LOA and less than or equal to 46 ft LOA using hook-and-line gear from the requirement to obtain and carry an LLP license when groundfish CDQ fishing (catcher vessels less than or equal to 32 ft LOA already are exempt from the LLP requirements in the BSAI); 3) allow halibut caught by operators of catcher vessels less than or equal to 46 ft LOA using hook-and-line gear when groundfish CDQ fishing to accrue as either halibut CDQ, halibut individual fishing quota, or halibut PSC, on a trip-by-trip basis; and 4) implement new in-season management and catch accounting procedures to properly account for the harvest of groundfish and halibut and the accrual of halibut PSC by operators of catcher vessels less than or equal to 46 ft LOA using hook-and-line gear when halibut or groundfish CDQ fishing.

    The Council's proposed revisions to the observer coverage and LLP license requirements require both an FMP amendment (Amendment 109) and regulatory amendments to regulations implementing the FMP at 50 CFR part 679. The remaining elements of the Council's preferred alternative require only regulatory amendments for implementation. The forthcoming proposed rule to implement Amendment 109 and the regulatory amendments recommended by the Council also would revise regulations at 50 CFR part 679 to make miscellaneous editorial revisions to 50 CFR part 679. All of the proposed changes to the regulations will be described in detail in the proposed rule.

    The Council's preferred alternative is intended to provide a regulatory structure for the harvest of groundfish CDQ that provides opportunities for the small catcher vessels that fish on behalf of a CDQ group to retain additional Pacific cod and other groundfish in the halibut CDQ fishery, or to develop separate Pacific cod or other groundfish CDQ fisheries without triggering LLP and full observer coverage requirements. The Council's preferred alternative also is intended to provide additional fishing opportunities to small catcher vessel operators in CDQ communities who have had reduced harvest opportunities due to lower halibut abundance and the resulting lower CDQ allocations, and to provide the regulatory flexibility necessary for the CDQ groups to develop diversified local small-scale halibut and groundfish fisheries. The following provides additional information on the two main provisions of Amendment 109.

    Observer Coverage

    Amendment 109 would place hook-and-line catcher vessels less than or equal to 46 ft LOA that are groundfish CDQ fishing in the partial observer coverage category. This proposed change would remove a significant financial and operational barrier to further development of the small vessel groundfish CDQ fisheries. In making this recommendation, the Council recognized that it is likely that few CDQ small vessels would be required to carry an observer under the existing partial observer coverage deployment strategy and deployment rates for vessels within the partial observer coverage category. To establish effective catch accounting for hook-and-line catcher vessels less than or equal to 46 ft LOA that are groundfish CDQ fishing, the Council recommended that NMFS modify its catch accounting procedures and use estimates of halibut PSC and other at-sea discards for these small vessels based on the best available observer data collected from observed vessels. These recommended revisions are described in more detail in the Analysis and the forthcoming proposed rule for Amendment 109.

    LLP Exemption

    The Council determined that a new LLP exemption for registered hook-and-line catcher vessels greater than 32 ft LOA and less than or equal to 46 ft LOA when groundfish CDQ fishing was necessary to encourage the retention and sale of groundfish CDQ in the halibut fisheries and to encourage the development of directed fisheries for groundfish CDQ by vessel operators delivering catch to processors located in CDQ communities. Exemption from the LLP would remove a barrier created by the limited number of LLP licenses available for small hook-and-line catcher vessels fishing on behalf of a CDQ group. The Council determined that this limited exemption to the LLP license requirements would not undermine the objectives of the LLP because it would apply only to registered small catcher vessels when groundfish CDQ fishing. Because the CDQ groups receive specific harvest allocations, the Council determined that providing a limited exemption to registered catcher vessels greater than 32 ft LOA and less than or equal to 46 ft LOA when groundfish CDQ fishing would not result in increased harvests overall in the BSAI groundfish fisheries, or contribute to a “race for fish” among fishery participants.

    NMFS is soliciting public comments on proposed Amendment 109 through the end of the comment period (see DATES). NMFS intends to publish in the Federal Register and seek public comment on a proposed rule that would implement Amendment 109, following NMFS' evaluation of the proposed rule under the Magnuson-Stevens Act. Public comments on the proposed rule must be received by the end of the comment period on Amendment 109 to be considered in the approval/disapproval decision on Amendment 109. NMFS will consider all comments received by the end of the comment period on Amendment 109, whether specifically directed to the FMP amendment or the proposed rule, in the approval/disapproval decision on Amendment 109. Comments received after that date may not be considered in the approval/disapproval decision on Amendment 109. To be certain of consideration, comments must be received, not just postmarked or otherwise transmitted, by the last day of the comment period.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: January 14, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-01034 Filed 1-20-16; 8:45 am] BILLING CODE 3510-22-P
    81 13 Thursday, January 21, 2016 Notices AFRICAN DEVELOPMENT FOUNDATION Public Quarterly Meeting of the Board of Directors AGENCY:

    United States African Development Foundation.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The US African Development Foundation (USADF) will hold its quarterly meeting of the Board of Directors to discuss the agency's programs and administration.

    DATES:

    The meeting date is Tuesday, February 2, 2016, 10:00 a.m. to 12:00 p.m.

    ADDRESSES:

    The meeting location is OPIC, 1100 New York Ave. NW., Washington, DC 20527.

    FOR FURTHER INFORMATION CONTACT:

    Julia Lingham, 202-233-8811.

    Authority:

    Public Law 96-533 (22 U.S.C. 290h).

    Dated: January 14, 2016. Doris Mason Martin, General Counsel.
    [FR Doc. 2016-01077 Filed 1-20-16; 8:45 am] BILLING CODE 6117-01-P
    DEPARTMENT OF AGRICULTURE Rural Housing Service Notice of Request for Extension of a Currently Approved Information Collection AGENCY:

    Rural Housing Service, USDA.

    ACTION:

    Proposed collection; comments requested.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, this notice announces the Rural Housing Agency's (RHS) intention to request an extension of a currently approved information collection in support of the program for 7 CFR part 1951, subpart F, “Analyzing Credit Needs and Graduation of Borrowers.”

    DATES:

    Comments on this notice must be received by March 21, 2016, to be assured of consideration.

    FOR FURTHER INFORMATION CONTACT:

    Anita Outen, Community Programs, Rural Housing Service, U.S. Department of Agriculture, Stop 0787, 1400 Independence Ave. SW., Washington, DC 20250-0787, Telephone (202) 720-1507, Email: Anita. [email protected]

    SUPPLEMENTARY INFORMATION:

    Title: 7 CFR part 1951, subpart F, “Analyzing Credit Needs and Graduation of Borrowers”.

    OMB Number: 0575-0093.

    Expiration Date of Approval: June 30, 2016.

    Type of Request: Extension of currently approved information collection.

    Abstract: Section 333 of the Consolidated Farm and Rural Development Act (CONACT) (7 U. S.C. 1983) requires the Agencies to “graduate” their direct loan borrowers to other credit when they are able to do so. Graduation is required because the Government loans are not to be extended beyond a borrower's need for subsidized rates or Government credit. Borrowers must refinance their direct Government loan when other credit becomes available at reasonable rates and terms. If other credit is not available, the Agencies will continue to review the account for possible graduation at periodic intervals. The information collected to carry out these statutory mandates is financial data such as amount of income, operating expenses, asset values and liabilities. This information collection is then submitted by the Agencies to private creditors.

    Estimate of Burden: Public reporting burden for this collection of information is estimated to average 2 hours per response.

    Respondents: Public bodies, Not for Profits, or Indian Tribes.

    Estimated Number of Respondents: 256.

    Estimated Number of Responses per Respondent: 1.

    Estimated Number of Responses: 266.

    Estimated Total Annual Burden on Respondents: 522.

    Copies of this information collection can be obtained from Jeanne Jacobs, Regulations and Paperwork Management Branch, at (202) 692-0040.

    Comments: Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Agencies, including whether the information will have practical utility; (b) the accuracy of the Agencies' estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used; (c) 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 technological collection techniques or other forms of information technology. Comments may be sent to Jeanne Jacobs, Regulations and Paperwork Management Branch, U. S. Department of Agriculture, Rural Development, STOP 0742, 1400 Independence Ave. SW., Washington, DC 20250.

    All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.

    Dated: January 13, 2016. Tony Hernandez, Administrator, Rural Housing Service.
    [FR Doc. 2016-01074 Filed 1-20-16; 8:45 am] BILLING CODE 3410-XY-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S-147-2015] Approval of Subzone Status, MannKind Corporation, Danbury, Connecticut

    On November 3, 2015, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application submitted by the Bridgeport Port Authority, grantee of FTZ 76, requesting subzone status subject to the existing activation limit of FTZ 76, on behalf of MannKind Corporation in Danbury, Connecticut.

    The application was processed in accordance with the FTZ Act and Regulations, including notice in the Federal Register inviting public comment (80 FR 69193, November 9, 2015). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval.

    Pursuant to the authority delegated to the FTZ Board's Executive Secretary (15 CFR 400.36(f)), the application to establish Subzone 76B is approved, subject to the FTZ Act and the Board's regulations, including Section 400.13, and further subject to FTZ 76's 476-acre activation limit.

    Dated: January 13, 2016. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2016-01178 Filed 1-20-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security Proposed Information Collection; Comment Request; Chemical Weapons Convention Declaration and Report Handbook and Forms AGENCY:

    Bureau of Industry and Security, Department of 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 March 21, 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 Mark Crace, BIS ICB Liaison, (202) 482-8093, [email protected]

    SUPPLEMENTARY INFORMATION: I. Abstract

    The Chemical Weapons Convention Implementation Act of 1998 and Commerce Chemical Weapons Convention Regulations (CWCR) specify the rights, responsibilities and obligations for submission of declarations and reports and inspections of certain chemical facilities. This information is required for the United States to comply with the Chemical Weapons Convention (CWC), an international arms control treaty.

    II. Method of Collection

    Submitted electronically or on paper.

    III. Data

    OMB Control Number: 0694-0091.

    Form Number(s): Form 1-1, Form 1-2, Form 1-2A, Form 1-2B, etc.

    Type of Review: Regular submission.

    Affected Public: Business or other for-profit organizations.

    Estimated Number of Respondents: 779.

    Estimated Time per Response: 10 minutes—12 hours per response.

    Estimated Total Annual Burden Hours: 14,813.

    Estimated Total Annual Cost to Public: $51,300.

    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: January 14, 2016. Glenna Mickelson, Management Analyst, Office of the Chief Information Officer.
    [FR Doc. 2016-01030 Filed 1-20-16; 8:45 am] BILLING CODE 3510-33-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE234 Taking of Marine Mammals Incidental to Specified Activities; Coupeville Timber Towers Preservation Project AGENCY:

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

    ACTION:

    Notice; proposed incidental harassment authorization; request for comments and information.

    SUMMARY:

    NMFS has received a request from the Washington State Department of Transportation (WSDOT) for an authorization to take small numbers of 10 species of marine mammals, by Level B harassment, incidental to proposed construction activities for the Coupeville Timber Tower Preservation Project in Washington State. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to WDOT to incidentally take, by harassment, small numbers of marine mammals for a period of 1 year.

    DATES:

    Comments and information must be received no later than February 22, 2016.

    ADDRESSES:

    Comments on the application should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. The mailbox address for providing email comments is [email protected] NMFS is not responsible for email comments sent to addresses other than the one provided here. Comments sent via email, including all attachments, must not exceed a 25-megabyte file size.

    Instructions: All comments received are a part of the public record and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information.

    A copy of the application may be obtained by writing to the address specified above or visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this notice may also be viewed, by appointment, during regular business hours, at the aforementioned address.

    FOR FURTHER INFORMATION CONTACT:

    Shane Guan, Office of Protected Resources, NMFS, (301) 427-8401.

    SUPPLEMENTARY INFORMATION: Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review.

    An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined “negligible impact” in 50 CFR 216.103 as “...an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.”

    Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the U.S. can apply for a one-year authorization to incidentally take small numbers of marine mammals by harassment, provided that there is no potential for serious injury or mortality to result from the activity. Section 101(a)(5)(D) establishes a 45-day time limit for NMFS review of an application followed by a 30-day public notice and comment period on any proposed authorizations for the incidental harassment of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny the authorization.

    Summary of Request

    On June 9, 2015, WSDOT submitted a request to NOAA requesting an IHA for the possible harassment of small numbers of marine mammal species incidental to construction associated with the Coupeville Timber Towers Preservation Project at the Coupeville Ferry Terminal in Washington State, between July 15, 2016, and July 14, 2017. On September 22, WSDOT submitted a revised IHA application which incorporated rigorous monitoring and mitigation measures that would prevent the take of humpback whales and the Southern Resident killer whales, which are listed under the Endangered Species Act (ESA). The revised IHA application requests the take of small numbers of 10 marine mammal species incidental to the Coupeville Timber Towers Preservation Project. NMFS determined that the IHA application was complete on October 1, 2015. NMFS is proposing to authorize the Level B harassment of the following marine mammal species/stocks: harbor seal, California sea lion, Steller sea lion (eastern Distinct Population Segment, or DPS), northern elephant seal, killer whale (West Coast transient stock), gray whale, minke whale, harbor porpoise, Dall's porpoise, and Pacific white-sided dolphin.

    Description of the Specified Activity Overview

    WSDOT proposes to conduct Coupeville Timber Towers Preservation Project at the Washington Coupeville Ferry Terminal on Whidbey Island, Washington (Figure 1-2 of the IHA application), to upgrade the existing transfer span towers at the Coupeville Ferry Terminal.

    Eight 24-inch diameter hollow steel piles would be installed to support the towers, and concrete caps will be installed on top of the towers in order to support the headframe that houses the pulleys for the transfer span cables. Five to seven 12-inch timber piles would be removed to allow room for the new steel piles to be installed. The remaining tower timber piles would remain in place to help support the structure. Up to 6 temporary 24-inch diameter hollow steel piles would be installed to support the transfer span and towers cable systems during construction. All pile installation would be using impact pile driving.

    Temporary steel piles would be removed with a vibratory hammer. Timber piles would be removed with a vibratory hammer or by direct pull using a chain wrapped around the pile. Although timber piles may be removed by means unlikely to result in harassment of marine mammals, we assume for purposes of this analysis that all timber piles would be removed with a vibratory hammer. The crane operator would take measures to reduce turbidity, such as vibrating the pile slightly to break the bond between the pile and surrounding soil, and removing the pile slowly; or if using direct pull, keep the rate at which piles are removed low enough to meet regulatory turbidity limit requirements. If piles are so deteriorated they cannot be removed using either the vibratory or direct pull method, the operator would use a clamshell to pull the piles from below the mudline. All work would occur in water depths between -10 and -20 feet mean lower-low water.

    Dates and Duration

    The number of days it would take to complete the project depends on the difficulty in removing and installing piles. Only one hammer (either vibratory or impact) will be in operation at a time. Durations are conservative, and the actual amount of time to remove and install will likely be less. Duration estimates are:

    Vibratory removal of timber piles would take approximately 30 minutes per pile, with 5-7 piles removed over two days.

    Impact driving of each temporary 24-inch steel pile would take approximately 15 minutes, (approximately 700 strikes per pile), with up to 6 piles installed over 2 days. Temporary piles do not need to be impacted as deep as permanent piles, therefore the duration is shorter.

    Impact driving of each permanent 24-inch steel pile would take approximately 30 minutes, (approximately 1,400 strikes per pile), with 8 piles installed over 2 days.

    Vibratory removal of each temporary 24-inch steel pile would take approximately 30 minutes, with up to 6 piles removed over 2 days.

    A summary of the pile to be removed and installed is provided in Table 1.

    Table 1—Summary of Piles To Be Removed and Driven for the Coupeville Timber Towers Preservation Project Size Install or remove/pile type Number of piles Hammer noise type Duration
  • (minutes per pile)
  • Duration
  • (hours)
  • Duration
  • (days)
  • 12-inch Remove timber (existing) 5-7 Vibratory 30 3.5 2 24-inch Install steel (temporary) 6 Impact 15 1.5 2 24-inch Install steel (permanent) 8 Impact 30 4 2 24-inch Remove steel (temporary) 6 Vibratory 30 3 2 Totals 5-7 existing removed 12 8 6 temporary installed/removed 8 permanent installed
    Specified Geographic Region

    The proposed Coupeville Timber Towers Preservation Project would be conducted at the Coupeville Ferry Terminal, located on Whidbey Island, Island County, Washington (Figure 1-2 of the IHA application). See WSDOT's application for further information regarding the specified geographic region.

    Detailed Description of Coupeville Timber Towers Preservation Project

    The following construction sequence is anticipated:

    • Remove timber piles • Install temporary steel piles • Install permanent steel piles • Install concrete caps • Transfer headframe to new pile caps • Remove temporary piles

    Detailed descriptions of these activities are provided below.

    (1) Vibratory Hammer Removal

    Vibratory hammer extraction is a common method for removing timber and steel piling. A vibratory hammer is suspended by cable from a crane and derrick, and positioned on the top of a pile. The pile is then unseated from the sediments by engaging the hammer, creating a vibration that loosens the sediments binding the pile, and then slowly lifting up on the hammer with the aid of the crane.

    Once unseated, the crane continues to raise the hammer and pulls the pile from the sediment. When the pile is released from the sediment, the vibratory hammer is disengaged and the pile is pulled from the water and placed on a barge for transfer upland. Figure 1-4 shows a timber pile being removed with a vibratory hammer.

    (2) Direct Pull and Clamshell Removal

    Older timber pilings are prone to breaking at the mudline because of damage from marine borers and vessel impacts. In some cases, removal with a vibratory hammer is not possible if the pile is too fragile to withstand the hammer force. Broken or damaged piles may be removed by wrapping the piles with a cable and pulling them directly from the sediment with a crane.

    If the piles break below the waterline, the pile stubs will be removed with a clamshell bucket, a hinged steel apparatus that operates like a set of steel jaws. The bucket will be lowered from a crane and the jaws will grasp the pile stub as the crane pulled up. The broken piling and stubs will be loaded onto the barge for off-site disposal. Clamshell removal will be used only if necessary, as it will produce temporary, localized turbidity impacts. Turbidity will be kept within required regulatory limits. Direct pull and clamshell removal do not produce noise that could impact marine mammals. Direct pull and clamshell removal of piles are not expected to affect marine mammals.

    (3) Impact Hammer Installation

    Impact hammers can be used to install plastic/steel core, wood, concrete, or steel piles. An impact hammer is a steel device that works like a piston. Impact hammers are usually large, though small impact hammers are used to install small diameter plastic/steel core piles. Impact hammers have guides (called a lead) that hold the hammer in alignment with the pile while a heavy piston moves up and down, striking the top of the pile, and drives it into the substrate from the downward force of the hammer on the top of the pile.

    To drive the pile, the pile is first moved into position and set in the proper location using a choker cable or vibratory hammer. Once the pile is set in place, pile installation with an impact hammer can take less than 15 minutes under good conditions, to over an hour under poor conditions (such as glacial till and bedrock, or exceptionally loose material in which the pile repeatedly moves out of position).

    Description of Marine Mammals in the Area of the Specified Activity

    The marine mammal species under NMFS jurisdiction most likely to occur in the proposed construction area include Pacific harbor seal (Phoca vitulina richardsi), northern elephant seal (Mirounga angustirostris), California sea lion (Zalophus californianus), Steller sea lion (Eumetopias jubatus), killer whale (Orcinus orca) (transient and Southern Resident stocks), Eastern North Pacific gray whale (Eschrichtius robustus), humpback whale (Megaptera novaeangliae), minke whale (Balaenoptera acutorostrata), harbor porpoise (Phocoena phocoena), Dall's porpoise (P. dalli), and Pacific white-sided dolphin (Lagenorhynchus obliquidens). The Western North Pacific gray whale has been observed off the Northwest Pacific, however, the occurrence of this gray whale population in the vicinity of the project area is very unlikely.

    Table 2—Marine Mammal Species Potentially Present in Region of Activity Species ESA Status MMPA Status Occurrence Harbor Seal Not listed Non-depleted Frequent. California Sea Lion Not listed Non-depleted Frequent. Northern Elephant Seal Not listed Non-depleted Occasional. Steller Sea Lion (eastern DPS) Not listed Under review Rare. Harbor Porpoise Not listed Non-depleted Frequent. Dall's Porpoise Not listed Non-depleted Occasional. Pacific White-sided dolphin Not listed Non-depleted Occasional. Killer Whale Endangered (Southern Resident) Depleted Occasional. Killer whale Not listed (transient) Non-depleted Occasional. Gray Whale Delisted (Eastern North Pacific) Unclassified Occasional. Humpback Whale Endangered Depleted Rare. Minke Whale Not listed Non-depleted Rare.

    General information on the marine mammal species found in Washington coastal waters can be found in Caretta et al. (2015), which is available at the following URL: http://www.nmfs.noaa.gov/pr/sars/pdf/pacific_sars_2014_final_noaa_swfsc_tm_549.pdf. Refer to that document for information on these species. A list of marine mammals in the vicinity of the action and their status are provided in Table 2. Specific information concerning these species in the vicinity of the proposed action area is provided in detail in the WSDOT's IHA application. Currently, NMFS is conducting a review of the discrete population segments (DPS) of humpback whales for potential delisting, and the Northeast Pacific humpback whale could be delisted from the ESA list if the review determines that this population has recovered significantly.

    Potential Effects of the Specified Activity on Marine Mammals

    This section includes a summary and discussion of the ways that the types of stressors associated with the specified activity (e.g., pile removal and pile driving) may impact marine mammals. The “Estimated Take by Incidental Harassment” section later in this document will include a quantitative analysis of the number of individuals that are expected to be taken by this activity. The “Negligible Impact Analysis” section will include the analysis of how this specific activity will impact marine mammals and will consider the content of this section, the “Estimated Take by Incidental Harassment” section, the “Proposed Mitigation” section, and the “Anticipated Effects on Marine Mammal Habitat” section to draw conclusions regarding the likely impacts of this activity on the reproductive success or survivorship of individuals and from that on the affected marine mammal populations or stocks.

    When considering the influence of various kinds of sound on the marine environment, it is necessary to understand that different kinds of marine life are sensitive to different frequencies of sound. Based on available behavioral data, audiograms have been derived using auditory evoked potentials, anatomical modeling, and other data, Southall et al. (2007) designate “functional hearing groups” for marine mammals and estimate the lower and upper frequencies of functional hearing of the groups. The functional groups and the associated frequencies are indicated below (though animals are less sensitive to sounds at the outer edge of their functional range and most sensitive to sounds of frequencies within a smaller range somewhere in the middle of their functional hearing range):

    • Low frequency cetaceans (13 species of mysticetes): functional hearing is estimated to occur between approximately 7 Hz and 25 kHz; • Mid-frequency cetaceans (32 species of dolphins, six species of larger toothed whales, and 19 species of beaked and bottlenose whales): functional hearing is estimated to occur between approximately 150 Hz and 160 kHz; • High frequency cetaceans (eight species of true porpoises, six species of river dolphins, Kogia, the franciscana, and four species of cephalorhynchids): functional hearing is estimated to occur between approximately 200 Hz and 180 kHz; and • Pinnipeds in Water: functional hearing is estimated to occur between approximately 75 Hz and 75 kHz, with the greatest sensitivity between approximately 700 Hz and 20 kHz.

    As mentioned previously in this document, 11 marine mammal species (7 cetacean and 4 pinniped species) are likely to occur in the proposed seismic survey area. Of the 7 cetacean species likely to occur in the proposed project area, 3 are classified as low-frequency cetaceans (i.e., humpback, gray, and minke whales), 2 are classified as mid-frequency cetaceans (i.e., killer whale and Pacific white-sided dolphin), and 2 are classified as high-frequency cetaceans (i.e., harbor and Dall's porpoises) (Southall et al., 2007). A species' functional hearing group is a consideration when we analyze the effects of exposure to sound on marine mammals.

    Marine mammals exposed to high-intensity sound repeatedly or for prolonged periods can experience hearing threshold shift (TS), which is the loss of hearing sensitivity at certain frequency ranges (Kastak et al. 1999; Schlundt et al. 2000; Finneran et al. 2002; 2005). TS can be permanent (PTS), in which case the loss of hearing sensitivity is unrecoverable, or temporary (TTS), in which case the animal's hearing threshold will recover over time (Southall et al. 2007). Since marine mammals depend on acoustic cues for vital biological functions, such as orientation, communication, finding prey, and avoiding predators, hearing impairment could result in the reduced ability of marine mammals to detect or interpret important sounds. Repeated noise exposure that causes TTS could lead to PTS.

    Experiments on a bottlenose dolphin (Tursiops truncates) and beluga whale (Delphinapterus leucas) showed that exposure to a single watergun impulse at a received level of 207 kPa (or 30 psi) peak-to-peak (p-p), which is equivalent to 228 dB (p-p) re 1 μPa, resulted in a 7 and 6 dB TTS in the beluga whale at 0.4 and 30 kHz, respectively. Thresholds returned to within 2 dB of the pre-exposure level within 4 minutes of the exposure (Finneran et al. 2002). No TTS was observed in the bottlenose dolphin. Although the source level of one hammer strike for pile driving is expected to be much lower than the single watergun impulse cited here, animals being exposed for a prolonged period to repeated hammer strikes could receive more noise exposure in terms of sound exposure level (SEL) than from the single watergun impulse (estimated at 188 dB re 1 μPa2-s) in the aforementioned experiment (Finneran et al. 2002).

    Chronic exposure to excessive, though not high-intensity, noise could cause masking at particular frequencies for marine mammals that utilize sound for vital biological functions (Clark et al. 2009). Masking is the obscuring of sounds of interest by other sounds, often at similar frequencies. Masking generally occurs when sounds in the environment are louder than, and of a similar frequency as, auditory signals an animal is trying to receive. Masking can interfere with detection of acoustic signals, such as communication calls, echolocation sounds, and environmental sounds important to marine mammals. Therefore, under certain circumstances, marine mammals whose acoustical sensors or environment are being severely masked could also be impaired.

    Masking occurs at the frequency band which the animals utilize. Since noise generated from in-water vibratory pile removal and driving is mostly concentrated at low frequency ranges, it may have little effect on high-frequency echolocation sounds by odontocetes (toothed whales), which may hunt California sea lion and harbor seal. However, the lower frequency man-made noises are more likely to affect the detection of communication calls and other potentially important natural sounds, such as surf and prey noise. The noises may also affect communication signals when those signals occur near the noise band, and thus reduce the communication space of animals (e.g., Clark et al. 2009) and cause increased stress levels (e.g., Foote et al. 2004; Holt et al. 2009).

    Unlike TS, masking can potentially impact the species at community, population, or even ecosystem levels, as well as individual levels. Masking affects both senders and receivers of the signals and could have long-term chronic effects on marine mammal species and populations. Recent science suggests that low frequency ambient sound levels in the world's oceans have increased by as much as 20 dB (more than 3 times, in terms of SPL) from pre-industrial periods, and most of these increases are from distant shipping (Hildebrand 2009). All anthropogenic noise sources, such as those from vessel traffic and pile removal and driving, contribute to the elevated ambient noise levels, thus intensifying masking.

    Finally, in addition to TS and masking, exposure of marine mammals to certain sounds could lead to behavioral disturbance (Richardson et al. 1995), such as: changing durations of surfacing and dives, number of blows per surfacing, or moving direction and/or speed; reduced/increased vocal activities; changing/cessation of certain behavioral activities, such as socializing or feeding; visible startle response or aggressive behavior, such as tail/fluke slapping or jaw clapping; avoidance of areas where noise sources are located; and/or flight responses (e.g., pinnipeds flushing into water from haulouts or rookeries). The onset of behavioral disturbance from anthropogenic noise depends on both external factors (characteristics of noise sources and their paths) and the receiving animals (hearing, motivation, experience, demography), and is therefore difficult to predict (Southall et al. 2007).

    The activities of workers in the project area may also cause behavioral reactions by marine mammals, such as pinnipeds flushing from the jetty or pier or moving farther from the disturbance to forage. However, observations of the area show that it is unlikely that more than 10 to 20 individuals of pinnipeds would be present in the project vicinity at any one time. Therefore, even if pinnipeds were flushed from the haul-out, a stampede is very unlikely, due to the relatively low number of animals onsite. In addition, proposed mitigation and monitoring measures would minimize the startle behavior of pinnipeds and prevent the animals from flushing into the water.

    The biological significance of many of these behavioral disturbances is difficult to predict, especially if the detected disturbances appear minor. However, the consequences of behavioral modification could be expected to be biologically significant if the change affects growth, survival, or reproduction. Some of these types of significant behavioral modifications include: Drastic change in diving/surfacing patterns (such as those thought to be causing beaked whale strandings due to exposure to military mid-frequency tactical sonar); habitat abandonment due to loss of desirable acoustic environment; and cessation of feeding or social interaction.

    Potential Effects on Marine Mammal Habitat

    The primary potential impacts to marine mammal habitat are associated with elevated sound levels produced by vibratory pile removal and pile driving in the area. However, other potential impacts to the surrounding habitat from physical disturbance are also possible.

    Potential Impacts on Prey Species

    With regard to fish as a prey source for cetaceans and pinnipeds, fish are known to hear and react to sounds and to use sound to communicate (Tavolga et al. 1981) and possibly avoid predators (Wilson and Dill 2002). Experiments have shown that fish can sense both the strength and direction of sound (Hawkins 1981). Primary factors determining whether a fish can sense a sound signal, and potentially react to it, are the frequency of the signal and the strength of the signal in relation to the natural background noise level.

    The level of sound at which a fish will react or alter its behavior is usually well above the detection level. Fish have been found to react to sounds when the sound level increased to about 20 dB above the detection level of 120 dB (Ona 1988); however, the response threshold can depend on the time of year and the fish's physiological condition (Engas et al. 1993). In general, fish react more strongly to pulses of sound rather than non-pulse signals (such as noise from pile driving) (Blaxter et al. 1981), and a quicker alarm response is elicited when the sound signal intensity rises rapidly compared to sound rising more slowly to the same level.

    During the coastal construction only a small fraction of the available habitat would be ensonified at any given time. Disturbance to fish species would be short-term and fish would return to their pre-disturbance behavior once the pile driving activity ceases. Thus, the proposed construction would have little, if any, impact on the abilities of marine mammals to feed in the area where construction work is planned.

    Finally, the time of the proposed construction activity would avoid the spawning season of the ESA-listed salmonid species.

    Water and Sediment Quality

    Short-term turbidity is a water quality effect of most in-water work, including pile driving. WSDOT must comply with state water quality standards during these operations by limiting the extent of turbidity to the immediate project area.

    Roni and Weitkamp (1996) monitored water quality parameters during a pier replacement project in Manchester, Washington. The study measured water quality before, during and after pile driving. The study found that construction activity at the site had “little or no effect on dissolved oxygen, water temperature and salinity”, and turbidity (measured in nephelometric turbidity units [NTU]) at all depths nearest the construction activity was typically less than 1 NTU higher than stations farther from the project area throughout construction.

    Similar results were recorded during pile removal operations at two WSDOT ferry facilities. At the Friday Harbor terminal, localized turbidity levels (from three timber pile removal events) were generally less than 0.5 NTU higher than background levels and never exceeded 1 NTU. At the Eagle Harbor maintenance facility, local turbidity levels (from removal of timber and steel piles) did not exceed 0.2 NTU above background levels. In general, turbidity associated with pile installation is localized to about a 25-foot radius around the pile (Everitt et al. 1980).

    Cetaceans are not expected to be close enough to the Coupeville Ferry Terminal to experience turbidity, and any pinnipeds will be transiting the terminal area and could avoid localized areas of turbidity. Therefore, the impact from increased turbidity levels is expected to be discountable to marine mammals.

    Passage Obstructions

    Pile removal and driving at the project site will not obstruct movements of marine mammals. Construction at Coupeville will occur within 35 m of the shoreline, leaving 5.5 km of Admiralty Inlet for marine mammals to pass unaffected by construction noise.

    Proposed Mitigation Measures

    In order to issue an incidental take authorization under section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods of taking pursuant to such activity, and other means of effecting the least practicable adverse impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for taking for certain subsistence uses.

    For WSDOT's proposed Coupeville Timber Towers Preservation Project, WSDOT worked with NMFS and proposed the following mitigation measures to minimize the potential impacts to marine mammals in the project vicinity. The primary purposes of these mitigation measures are to minimize sound levels from the activities, to monitor marine mammals within designated zones of influence (ZOI) corresponding to NMFS' current Level B harassment thresholds and, if marine mammals with the ZOI appear disturbed by the work activity, to initiate immediate shutdown or power down of the piling hammer, making it very unlikely potential injury or TTS to marine mammals would occur and ensuring that Level B behavioral harassment of marine mammals would be reduced to the lowest level practicable.

    Time Restriction

    Work would occur only during daylight hours, when visual monitoring of marine mammals can be conducted. In addition, all in-water construction will be limited to the period between July 15, 2016, and February 15, 2017.

    Underwater Noise Attenuation Device

    An air bubble curtain system or other noise attenuation device would be employed during impact installation or proofing of steel piles unless the piles are driven on dry areas.

    Establishment of Exclusion Zone and Level B Harassment Zones of Influence

    Before the commencement of in-water pile driving activities, WSDOT would establish Level A exclusion zones and Level B zones of influence (ZOIs). The received underwater sound pressure levels (SPLs) within the exclusion zone would be 190 dB (rms) re 1 µPa and above for pinnipeds and 180 dB (rms) re 1 µPa and above for cetaceans. The Level B ZOIs would encompass areas where received underwater SPLs are higher than 160 dB (rms) and 120 dB (rms) re 1 µPa for impulse noise sources (impact pile driving) and non-impulse noise sources (vibratory pile removal), respectively.

    Based on in-water measurements at the WSDOT Port Townsend Ferry Terminal (WSDOT 2011a), removal of 12-in timber piles generated 149 to 152 dB (rms) re 1 µPa with an overall average value of 150 dB (rms) re 1 µPa measured at 16 m. A worst-case noise level for vibratory removal of 12-in timber piles would be 152 dB (rms) re 1 µPa at 16 m.

    Based on in-water measurements at the WSDOT Port Townsend Ferry terminal, impact pile driving of 24-in steel piles ranged from 172 to185 dB (rms) re 1 µPa measured at 10 m during the use of an air bubble curtain (WSDOT 2014a). An air bubble curtain would be used to attenuate steel pile impact driving noise during this project. A worst-case noise level for impact driving of 24-in steel piles would be 185 dB (rms) re 1 µPa at 10 m.

    Data for vibratory removal of 24-inch temporary steel piles is not available, so it is conservatively assumed to be the same as vibratory driving. Based on in-water measurements at the same location as the activity considered here (previously known as the WSDOT Keystone Ferry Terminal), vibratory driving of 24-in steel piles ranged from 164 to 176 dB (rms) re 1 µPa with an overall average value of 171 dB (rms) re 1 µPa. Distances from hydrophone to pile ranged between 6 and 11 m (WSDOT 2010a). A worst-case noise level for vibratory removal of 24-in steel piles will be 176 dB (rms) re 1 µPa at 6 m.

    Using a simple practical spreading model (sound transmission loss of 4.5dB per doubling distance) to determine the distance where underwater sound will attenuate to the 120 dB (rms) re 1 µPa threshold, the ZOIs are calculated below:

    • 152 dB (rms) re 1 µPa at 16 m (12-in timber vibratory pile removal): ~2.3 km/1.4 mi

    • 176 dB (rms) re 1 µPa at 6 m (24-in steel vibratory pile removal): ~32 km/20 mi (land is reached at ~31 km/19 mi)

    The vibratory pile removal source levels do not exceed the Level A harassment criteria.

    Using 185 dB (rms) re 1 µPa at 10 m for 24-in impact pile driving and the practical spreading loss model, the distances to the thresholds are calculated:

    • the 190 dB (rms) re 1 µPa pinniped Level A harassment exclusion zone is reached within 5 m/15 ft.

    • the 180 dB (rms) re 1 µPa cetacean Level A harassment exclusion zone is reached within 22 m/72 ft.

    • the 160 dB (rms) re 1 µPa Level B ZOI is reached within 464 m/1,523 ft.

    The more conservative cetacean injury zone (22 m/72 ft.) will be used to set the 24-inch steel Zone of Exclusion (ZOE).

    A summary distances and areas of the exclusion zones for Level A harassment and ZOI for Level B harassment is provide in Table 3 below.

    Table 2—Distances and Areas of Level A and Level B Harassment Zones for Vibratory and Impact Pile Driving Activities Pile driving method Distance to 190 dB (m) Distance to 180 dB (m) Distance to 160 dB (m) Distance to 120 dB (km) ZOI size (km2) Vibratory pile removal (12-in timber) NA NA NA 2.3 6.4 Vibratory pile removal (24-in steel) NA NA NA 32 140 Impact driving (24-in steel pile) 5 22 464 NA 1.5 Soft Start

    A “soft-start” technique is intended to allow marine mammals to vacate the area before the pile driver reaches full power. Whenever there has been downtime of 30 minutes or more without pile driving, the contractor will initiate the driving with ramp-up procedures.

    For vibratory hammers, the contractor shall initiate the driving for 15 seconds at reduced energy, followed by a 1 minute waiting period. This procedure shall be repeated two additional times before continuous driving is started. This procedure shall also apply to vibratory pile removal.

    For impact driving, an initial set of three strikes would be made by the hammer at 40-percent energy, followed by a 1-minute waiting period, then two subsequent three-strike sets at 40-percent energy, with 1-minute waiting periods, before initiating continuous driving.

    Shutdown and Power-Down Measures

    WSDOT shall implement shutdown if a marine mammal is sighted within or approaching the Level A exclusion zone. In-water construction activities shall be suspended until the marine mammal is sighted moving away from the exclusion zone, or if a large cetacean is not sighted for 30 minutes or if a small cetacean or pinniped is not sighted for 15 minutes after the shutdown.

    In addition, WSDOT would implement shutdown measure when Southern Resident killer whales (as identified by Orca Network, NMFS, or other qualified source) or when humpback whales are detected or are notified by local marine mammal researchers to approach the ZOIs during pile removal and pile driving, therefore preventing Level B takes of Southern Resident killer whales and humpback whales.

    If a killer whale approaches the ZOI during pile driving or removal, and it is unknown whether it is a Southern Resident killer whale or a transient killer whale, it shall be assumed to be a Southern Resident killer whale and WSDOT shall implement the shutdown measure.

    Finally, WSDOT would implement shutdown or measure to prevent Level B takes when the take of any other species or stock of marine mammal is approaching the take limited authorized under the IHA (if issued).

    Coordination With Local Marine Mammal Research Network

    Prior to the start of daily pile driving, the Orca Network and/or Center for Whale Research would be contacted to find out the location of the nearest marine mammal sightings. Daily sightings information can be found on the Orca Network Twitter site (https://twitter.com/orcanetwork), which would be checked several times a day.

    The Orca Sightings Network consists of a list of over 600 (and growing) residents, scientists, and government agency personnel in the U.S. and Canada. Sightings are called or emailed into the Orca Network and immediately distributed to other sighting networks including: The Northwest Fisheries Science Center of NMFS, the Center for Whale Research, Cascadia Research, the Whale Museum Hotline and the British Columbia Sightings Network.

    “Sightings” information collected by the Orca Network includes detection by hydrophone. The SeaSound Remote Sensing Network is a system of interconnected hydrophones installed in the marine environment of Haro Strait (west side of San Juan Island) to study orca communication, in-water noise, bottom-fish ecology and local climatic conditions. A hydrophone at the Port Townsend Marine Science Center measures average in-water sound levels and automatically detects unusual sounds. These passive acoustic devices allow researchers to hear when different marine mammals come into the region. This acoustic network, combined with the volunteer (incidental) visual sighting network allows researchers to document presence and location of various marine mammal species.

    With this level of coordination in the region of activity, WSDOT will be able to get real-time information on the presence or absence of whales before starting any pile driving.

    Mitigation Conclusions

    NMFS has carefully evaluated the applicant's proposed mitigation measures and considered a range of other measures in the context of ensuring that NMFS prescribes the means of effecting the least practicable impact on the affected marine mammal species and stocks and their habitat. Our evaluation of potential measures included consideration of the following factors in relation to one another:

    • The manner in which, and the degree to which, the successful implementation of the measure is expected to minimize adverse impacts to marine mammals • The proven or likely efficacy of the specific measure to minimize adverse impacts as planned • The practicability of the measure for applicant implementation.

    Any mitigation measure(s) prescribed by NMFS should be able to accomplish, have a reasonable likelihood of accomplishing (based on current science), or contribute to the accomplishment of one or more of the general goals listed below:

    (1) Avoidance or minimization of injury or death of marine mammals wherever possible (goals 2, 3, and 4 may contribute to this goal).

    (2) A reduction in the numbers of marine mammals (total number or number at biologically important time or location) exposed to received levels of pile driving and pile removal or other activities expected to result in the take of marine mammals (this goal may contribute to 1, above, or to reducing harassment takes only).

    (3) A reduction in the number of times (total number or number at biologically important time or location) individuals would be exposed to received levels of pile driving and pile removal, or other activities expected to result in the take of marine mammals (this goal may contribute to 1, above, or to reducing harassment takes only).

    (4) A reduction in the intensity of exposures (either total number or number at biologically important time or location) to received levels of pile driving, or other activities expected to result in the take of marine mammals (this goal may contribute to a, above, or to reducing the severity of harassment takes only).

    (5) Avoidance or minimization of adverse effects to marine mammal habitat, paying special attention to the food base, activities that block or limit passage to or from biologically important areas, permanent destruction of habitat, or temporary destruction/disturbance of habitat during a biologically important time.

    (6) For monitoring directly related to mitigation—an increase in the probability of detecting marine mammals, thus allowing for more effective implementation of the mitigation.

    Based on our evaluation of the applicant's proposed measures, as well as other measures considered by NMFS, NMFS has preliminarily determined that the proposed mitigation measures provide the means of effecting the least practicable impact on marine mammals species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance.

    Proposed Monitoring and Reporting

    In order to issue an incidental take authorization (ITA) for an activity, section 101(a)(5)(D) of the MMPA states that NMFS must set forth, “requirements pertaining to the monitoring and reporting of such taking.” The MMPA implementing regulations at 50 CFR 216.104(a)(13) indicate that requests for ITAs must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present in the proposed action area. WSDOT submitted a marine mammal monitoring plan as part of the IHA application. It can be found at http://www.nmfs.noaa.gov/pr/permits/incidental.htm. The plan may be modified or supplemented based on comments or new information received from the public during the public comment period.

    Monitoring measures prescribed by NMFS should accomplish one or more of the following general goals:

    (1) An increase in the probability of detecting marine mammals, both within the mitigation zone (thus allowing for more effective implementation of the mitigation) and in general to generate more data to contribute to the analyses mentioned below;

    (2) An increase in our understanding of how many marine mammals are likely to be exposed to levels of pile driving that we associate with specific adverse effects, such as behavioral harassment, TTS, or PTS;

    (3) An increase in our understanding of how marine mammals respond to stimuli expected to result in take and how anticipated adverse effects on individuals (in different ways and to varying degrees) may impact the population, species, or stock (specifically through effects on annual rates of recruitment or survival) through any of the following methods:

    • Behavioral observations in the presence of stimuli compared to observations in the absence of stimuli (need to be able to accurately predict received level, distance from source, and other pertinent information);

    • Physiological measurements in the presence of stimuli compared to observations in the absence of stimuli (need to be able to accurately predict received level, distance from source, and other pertinent information);

    • Distribution and/or abundance comparisons in times or areas with concentrated stimuli versus times or areas without stimuli;

    (4) An increased knowledge of the affected species; and

    (5) An increase in our understanding of the effectiveness of certain mitigation and monitoring measures.

    Proposed Monitoring Measures

    WSDOT shall employ NMFS-approved protected species observers (PSOs) to conduct marine mammal monitoring for its Coupeville timber towers preservation project. During pile removal and installation, land-based and vessel-based PSOs would monitor the area from the best observation points available. The number of PSOs will be based on the sizes of ensonified zones and to ensure that the entire zones are monitored.

    • During 24-inch steel impact pile driving, two land-based PSOs monitors will monitor the ZOE and ZOI. Pile driving will be paused if any marine mammal approaches the exclusion zone(s), which equate to the 22-m Level A harassment zone for those species for which take is authorized and to the larger Level B harassment zone for all other species.

    • During vibratory timber pile removal, two land-based PSOs will monitor the ZOI, as shown in Figure 2 of WSDOT's Marine Mammal Monitoring Plan.

    • During 24-inch vibratory pile removal, 7 land-based PSOs and one monitoring boat with a PSO and boat operator will monitor the ZOI, as shown in Figure 3 of WSDOT's Marine Mammal Monitoring Plan.

    • If weather prevents safe use of the boat in the main channel of the ZOI, the boat will be used in other areas of the ZOI that are safe, such as the southwest corner of the ZOI, where lack of public access prevents stationing a land-based PSO.

    The PSOs would observe and collect data on marine mammals in and around the project area for 30 minutes before, during, and for 30 minutes after all pile removal and pile installation work. If a PSO observes a marine mammal within or approaching the exclusion zone, the PSO would notify the work crew to initiate shutdown measures.

    Monitoring of marine mammals around the construction site shall be conducted using high-quality binoculars (e.g., Zeiss, 10 x 42 power). To verify the required monitoring distance, the exclusion zones and ZOIs will be determined by using a range finder or hand-held global positioning system device.

    During the project, in-water measurements of vibratory pile removal and driving and impact pile driving noises may be taken to determine if the vibratory ZOIs need to be modified.

    Proposed Reporting Measures

    WSDOT would be required to submit a final monitoring report within 90 days after completion of the construction work or the expiration of the IHA (if issued), whichever comes earlier. This report would detail the monitoring protocol, summarize the data recorded during monitoring, and estimate the number of marine mammals that may have been harassed. NMFS would have an opportunity to provide comments on the report, and if NMFS has comments, WSDOT would address the comments and submit a final report to NMFS within 30 days.

    In addition, NMFS would require WSDOT to notify NMFS' Office of Protected Resources and NMFS' Stranding Network within 48 hours of sighting an injured or dead marine mammal in the vicinity of the construction site. WSDOT shall provide NMFS with the species or description of the animal(s), the condition of the animal(s) (including carcass condition, if the animal is dead), location, time of first discovery, observed behaviors (if alive), and photo or video (if available).

    In the event that WSDOT finds an injured or dead marine mammal that is not in the vicinity of the construction area, WSDOT would report the same information as listed above to NMFS as soon as operationally feasible.

    Estimated Take by Incidental Harassment

    Except with respect to certain activities not pertinent here, the MMPA defines “harassment” as: Any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment].

    As discussed above, in-water pile removal and pile driving (vibratory and impact) generate loud noises that could potentially harass marine mammals in the vicinity of WSDOT's proposed Coupeville timber tower preservation project.

    As mentioned earlier in this document, currently NMFS uses 120 dB re 1 µPa and 160 dB re 1 µPa at the received levels for the onset of Level B harassment from non-impulse (vibratory pile driving and removal) and impulse sources (impact pile driving) underwater, respectively. Table 4 summarizes the current NMFS marine mammal take criteria.

    Table 4—Current Acoustic Exposure Criteria for Non-explosive Sound Underwater Criterion Criterion definition Threshold Level A Harassment (Injury) Permanent Threshold Shift (PTS) (Any level above that which is known to cause TTS) 180 dB re 1 µPa (cetaceans).
  • 190 dB re 1 µPa (pinnipeds).
  • root mean square (rms).
  • Level B Harassment Behavioral Disruption (for impulse noises) 160 dB re 1 µPa (rms). Level B Harassment Behavioral Disruption (for non-impulse noise) 120 dB re 1 µPa (rms).

    As explained above, exclusion zones and ZOIs will be established that encompass the areas where received underwater sound pressure levels (SPLs) exceed the applicable thresholds for Level A and Level B harassments, respectively.

    With the exception of harbor seals, Steller sea lion and harbor porpoise, it is anticipated that all of the marine mammals that enter the Level B acoustical harassment ZOIs will be exposed to pile driving and removal noise only as they are transiting the area. Only harbor seals, Steller sea lion and harbor porpoise are expected to forage and haulout in the Coupeville ZOIs with any frequency and could be exposed multiple times during a project.

    As mentioned earlier, the distances to NMFS threshold for Level B (harassment) take for impact pile driving and vibratory pile removal were estimated as follows:

    ZOI-1: the 160 dB (rms) impact pile driving harassment threshold for 24″ steel = 464 m/1,523 ft.

    ZOI-2: the 120 dB (rms) vibratory harassment threshold for 12-inch timber vibratory pile removal: = ~2.3 km/1.4 mi.

    ZOI-3: the 120 dB (rms) vibratory harassment threshold for 24-inch steel vibratory pile removal: = ~32 km/20 mi (land is reached at ~31 km/19 mi).

    Airborne noises can affect pinnipeds, especially resting seals hauled out on rocks or sand spits. The 90 dB (rms) re 20 μPa harbor seal threshold was estimated at 126 ft/38 m, and the 100 dB (rms) re 20 μPa sea lion threshold at 40 ft/12 m.

    The closest documented harbor seal haulout is the Rat Island/Kilisut Harbor Spit haulout in Port Townsend Bay, 5.5 miles southwest. The closest documented California sea lion haulout is a channel marker buoy located off Whidbey Island's Bush Point, 9 miles south. The closest documented Steller sea lion haulout is Craven Rock haulout, east of Marrowstone Island 5.5 miles south of the ferry terminal.

    In-air disturbance could therefore occur only to those pinnipeds moving on the surface through the immediate pier area, within approximately 126 ft/38 m and 40 ft/12 m of pile removal and driving. However, these individuals would also likely be exposed to underwater sound produced by the project. We do not consider potential effects from airborne noise further in this analysis.

    No Level A take is expected due to implementing monitoring and mitigation measures such as installing air bubble curtain device for all impact pile driving and implementing shut-down measures for marine mammals about to enter the exclusion zones.

    Incidental take for each species is estimated by determining the likelihood of a marine mammal being present within a ZOI during active pile driving or removal. Expected marine mammal presence is determined by past observations and general abundance near the project site during the construction window. Typically, potential take is estimated by multiplying the area of the ZOI by the local animal density. This provides an estimate of the number of animals that might occupy the ZOI at any given moment. The take requests were estimated using local marine mammal data sets (e.g., The Whale Museum, Orca Network, state and federal agencies) based on observations and surveys.

    The calculation for marine mammal exposures is estimated by:

    Exposure estimate = N × days of pile driving/removal, where:

    N = # of animals based on long-term observations by local researchers.

    Specifically, daily marine mammal occurrence (N) for harbor seal, Steller sea lion, and harbor porpoise are based on the observation data from the Orca Network (WSDOT 2015). Daily marine mammal occurrence for Dall's porpoise, transient killer whale, gray whale, and minke whale are based on the observation data from the Whale Museum (WSDOT). The occurrence of the rest of the marine mammal species which do not frequently occur in the proposed project area are based on limited sighting occurrence over the years (WSDOT 2015).

    Using this approach, a summary of estimated takes of marine mammals incidental to WSDOT's Coupeville Timber Towers Preservation Project are provided in Table 5.

    Table 5—Estimated Numbers of Marine Mammals That May Be Exposed to Received Noise Levels That Could Cause Level B Behavioral Harassment Species Estimated
  • marine
  • mammal takes
  • Abundance Percentage
    Pacific harbor seal 1,600 11,036 14.49 California sea lion 22 296,750 0.01 Steller sea lion 328 60,131 0.55 Northern elephant seal 22 179,000 0.01 Harbor porpoise 220 10,682 2.06 Dall's porpoise 36 42,000 0.09 Killer whale, transient 40 243 16.46 Pacific white-sided dolphin 22 26,930 0.08 Gray whale 12 20,990 0.06 Minke whale 24 478 5.02
    Analysis and Preliminary Determinations Negligible Impact

    Negligible impact is “an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival” (50 CFR 216.103). A negligible impact finding is based on the lack of likely adverse effects on annual rates of recruitment or survival (i.e., population-level effects). An estimate of the number of Level B harassment takes, alone, is not enough information on which to base an impact determination. In addition to considering estimates of the number of marine mammals that might be “taken” through behavioral harassment, NMFS must consider other factors, such as the likely nature of any responses (their intensity, duration, etc.), the context of any responses (critical reproductive time or location, migration, etc.), as well as the number and nature of estimated Level A harassment takes, the number of estimated mortalities, and effects on habitat.

    WSDOT's proposed Coupeville timber tower preservation project would involve vibratory pile removal and impact and vibratory pile driving activities. Elevated underwater noises are expected to be generated as a result of these activities; however, these noises are expected to result in no mortality or Level A harassment and limited Level B harassment of marine mammals. WSDOT would employ attenuation device (e.g., air bubble curtain) during impact pile driving, thus eliminating the potential for injury (including PTS) and TTS from noise impact. For vibratory pile removal and pile driving, noise levels are not expected to reach the level that may cause TTS, injury (including PTS), or mortality to marine mammals. Therefore, NMFS does not expect that any animals would experience Level A harassment (including injury or PTS) or Level B harassment in the form of TTS from being exposed to in-water pile removal and pile driving associated with WSDOT's construction project.

    Additionally, the sum of noise from WSDOT's proposed Coupeville timber tower preservation construction activities is confined to a limited area by surrounding landmasses; therefore, the noise generated is not expected to contribute to increased ocean ambient noise. In addition, due to shallow water depths in the project area, underwater sound propagation of low-frequency sound (which is the major noise source from pile driving) is expected to be poor. Therefore, the actual ZOIs are expected to be smaller than what were modeled.

    In addition, WSDOT's proposed activities are localized and of short duration. The entire project area is limited to WSDOT's Coupeville timber towers preservation construction work. The entire project duration for the construction would involve 12 hours in 8 days. These low-intensity, localized, and short-term noise exposures may cause brief startle reactions or short-term behavioral modification by the animals. These reactions and behavioral changes are expected to subside quickly when the exposures cease. Moreover, the proposed mitigation and monitoring measures are expected to reduce potential exposures and behavioral modifications even further. WSDOT would implement rigorous monitoring and mitigation measures to prevent takes of ESA-listed species such as Southern Resident killer whales and humpback whales. Additionally, no important feeding and/or reproductive areas for marine mammals are known to be near the proposed action area (Calambokidis et al. 2015). Therefore, the take resulting from the proposed Coupeville timber tower preservation work is not reasonably expected to, and is not reasonably likely to, adversely affect the marine mammal species or stocks through effects on annual rates of recruitment or survival.

    The proposed project area is not a prime habitat for marine mammals, nor is it considered an area frequented by marine mammals. Therefore, behavioral disturbances that could result from anthropogenic noise associated with WSDOT's construction activities are expected to affect marine mammals on an infrequent and limited basis.

    The project also is not expected to have significant adverse effects on affected marine mammals' habitat, as analyzed in detail in the “Anticipated Effects on Marine Mammal Habitat” section. The project activities would not modify existing marine mammal habitat. The activities may cause some fish to leave the area of disturbance, thus temporarily impacting marine mammals' foraging opportunities in a limited portion of the foraging range; but, because of the short duration of the activities and the relatively small area of the habitat that may be affected, the impacts to marine mammal habitat are not expected to cause significant or long-term negative consequences.

    Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the proposed monitoring and mitigation measures, NMFS preliminarily finds that the total marine mammal take from WSDOT's Coupeville timber tower preservation project will have a negligible impact on the affected marine mammal species or stocks.

    Small Number

    Based on analyses provided above, it is estimated that approximately 1,600 harbor seals, 22 California sea lions, 328 Steller sea lions, 22 northern elephant seals, 220 harbor porpoises, 36 Dall's porpoises, 40 transient killer whales, 22 Pacific white-sided dolphins, 12 gray whales, and 24 minke whales could be exposed to received noise levels that could cause Level B behavioral harassment from the proposed construction work at the Coupeville Ferry Terminal in Washington State. These numbers represent approximately 0.01% to 11.9% of the populations of these species that could be affected by Level B behavioral harassment, respectively (see Table 5 above), which are small percentages relative to the total populations of the affected species or stocks.

    Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the mitigation and monitoring measures, which are expected to reduce the number of marine mammals potentially affected by the proposed action, NMFS preliminarily finds that small numbers of marine mammals will be taken relative to the populations of the affected species or stocks.

    Impact on Availability of Affected Species for Taking for Subsistence Uses

    There are no subsistence uses of marine mammals in the proposed project area; and, thus, no subsistence uses impacted by this action. Therefore, NMFS has determined that the total taking of affected species or stocks would not have an unmitigable adverse impact on the availability of such species or stocks for taking for subsistence purposes.

    Endangered Species Act (ESA)

    The humpback whale and the Southern Resident stock of killer whale are the only marine mammal species currently listed under the ESA that could occur in the vicinity of WSDOT's proposed construction projects. WSDOT would implement rigorous monitoring and mitigation measures to prevent takes of these ESA-listed species. NMFS' Permits and Conservation Division coordinated with NMFS West Coast Regional Office (WCRO) and reviewed the WSDOT's proposed monitoring and mitigation measures and determined that with the implementation of these measures, ESA-listed species would not be affected. Therefore, WCRO concurs that section 7 consultation under the ESA is not warranted for the issuance of the IHA.

    National Environmental Policy Act (NEPA)

    NMFS prepared a draft Environmental Assessment (EA) for the proposed issuance of an IHA, pursuant to NEPA, to determine whether or not this proposed activity may have a significant effect on the human environment. This analysis will be completed prior to the issuance or denial of this proposed IHA.

    Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to issue an IHA to WSDOT for conducting the Coupeville timber tower preservation project, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. The proposed IHA language is provided next.

    1. This Authorization is valid from July 15, 2016, through July 14, 2017.

    2. This Authorization is valid only for activities associated in-water construction work at the Coupeville timber tower preservation project in the State of Washington.

    3. (a) The species authorized for incidental harassment takings, Level B harassment only, are: Pacific harbor seal (Phoca vitulina richardsi), California sea lion (Zalophus californianus), Steller sea lion (Eumetopias jubatus), northern elephant seals (Mirounga angustirostris), transient killer whales (Orcinus orca), Pacific white-sided dolphin (Lagenorhynchus obliquidens), gray whale (Eschrichtius robustus), harbor porpoise (Phocoena phocoena), and Dall's porpoise (Phocoena dalli).

    (b) The authorization for taking by harassment is limited to the following acoustic sources and from the following activities:

    • Impact and vibratory pile driving; • Vibratory pile removal; and

    (c) The taking of any marine mammal in a manner prohibited under this Authorization must be reported within 24 hours of the taking to the West Coast Administrator (206-526-6150), National Marine Fisheries Service (NMFS) and the Chief of the Permits and Conservation Division, Office of Protected Resources, NMFS, at (301) 427-8401, or her designee (301-427-8418).

    4. The holder of this Authorization must notify the Chief of the Permits and Conservation Division, Office of Protected Resources, at least 48 hours prior to the start of activities identified in 3(b) (unless constrained by the date of issuance of this Authorization in which case notification shall be made as soon as possible).

    5. Prohibitions

    (a) The taking, by incidental harassment only, is limited to the species listed under condition 3(a) above and by the numbers listed in Table 5. The taking by Level A harassment, injury or death of these species or the taking by harassment, injury or death of any other species of marine mammal is prohibited and may result in the modification, suspension, or revocation of this Authorization.

    (b) The taking of any marine mammal is prohibited whenever the required protected species observers (PSOs), required by condition 7(a), are not present in conformance with condition 7(a) of this Authorization.

    6. Mitigation (a) Time Restriction

    In-water construction work shall occur only during daylight hours, when visual monitoring of marine mammals can be conducted.

    (b) Underwater Noise Attenuation Device

    An air bubble curtain system or other noise attenuation device shall be employed during impact installation or proofing of steel piles unless the piles are driven on dry areas.

    (c) Establishment of Exclusion Zone and Level B Harassment Zones of Influence

    Before the commencement of in-water pile driving activities, WSDOT would establish Level A exclusion zones and Level B zones of influence (ZOIs).

    (i) The Level A exclusion zones shall encompass areas where received underwater sound pressure levels (SPLs) are higher than 190 dB (rms) re 1 µPa for pinnipeds and 180 dB (rms) re 1 µPa for cetaceans.

    (ii) The Level B ZOIs shall encompass areas where received underwater SPLs are higher than 160 dB (rms) and 120 dB (rms) re 1 μPa for impulse noise sources (impact pile driving) and non-impulses noise sources (vibratory pile removal), respectively.

    (iii) The exclusion zones and ZOIs shall be established based on modeled calculation listed in Table 4, and maybe adjusted based on sound source verification (SSV) measurements during test pile driving.

    (d) Monitoring of marine mammals shall take place starting 30 minutes before pile driving begins until 30 minutes after pile driving ends.

    (e) Soft Start

    (i) When there has been downtime of 30 minutes or more without pile driving, the contractor will initiate the driving with ramp-up procedures described below.

    (ii) For vibratory hammers, the contractor shall initiate the driving for 15 seconds at reduced energy, followed by a 1 minute waiting period. This procedure shall be repeated two additional times before continuous driving is started. This procedure shall also apply to vibratory pile removal.

    (iii) For impact driving, an initial set of three strikes would be made by the hammer at 40-percent energy, followed by a 1-minute waiting period, then two subsequent three-strike sets at 40-percent energy, with 1-minute waiting periods, before initiating continuous driving.

    (f) Shutdown Measures

    (i) WSDOT shall implement shutdown measures if a marine mammal is sighted within or approaching the Level A exclusion zone. In-water construction activities shall be suspended until the marine mammal is sighted moving away from the exclusion zone, or if a large cetacean is not sighted for 30 minutes or if a small cetacean or pinniped is not sighted for 15 minutes after the shutdown.

    (ii) In addition, WSDOT would implement shutdown measures when Southern Resident killer whales (as identified by Orca Network, NMFS, or other qualified source) or when humpback whales are detected to approach the ZOIs during pile removal and pile driving, therefore preventing Level B takes of Southern Resident killer whales and humpback whales.

    (iii) If a killer whale approaches the ZOI during pile driving or removal, and it is unknown whether it is a Southern Resident killer whale or a transient killer whale, it shall be assumed to be a Southern Resident killer whale and WSDOT shall implement the shutdown measure.

    (iv) WSDOT shall implement shutdown or power-down measures to prevent Level B takes when the take of any other species or stock of marine mammal is approaching the take limited authorized under this authorization.

    (v) WSDOT shall implement shutdown measures if marine mammals with the ZOI appear disturbed by the work activity.

    (g) Coordination with Local Marine Mammal Research Network

    Prior to the start of daily pile driving, WSDOT will contact the Orca Network and/or Center for Whale Research to get real-time information on the presence or absence of whales before starting any pile driving.

    7. Monitoring (a) Protected Species Observers

    WSDOT shall employ NMFS-approved PSOs to conduct marine mammal monitoring for its construction project.

    (i) Visual acuity in both eyes (correction is permissible) sufficient for discernment of moving targets at the water's surface with ability to estimate target size and distance. Use of binoculars will be required to correctly identify the target.

    (ii) Experience or training in the field identification of marine mammals (cetaceans and pinnipeds).

    (iii) Sufficient training, orientation or experience with the construction operation to provide for personal safety during observations.

    (iv) Ability to communicate orally, by radio or in person, with project personnel to provide real time information on marine mammals observed in the area as necessary.

    (v) Experience and ability to conduct field observations and collect data according to assigned protocols (this may include academic experience).

    (vi) Writing skills sufficient to prepare a report of observations that would include such information as the number and type of marine mammals observed; the behavior of marine mammals in the project area during construction, dates and times when observations were conducted; dates and times when in-water construction activities were conducted; and dates and times when marine mammals were present at or within the defined ZOI.

    (b) Monitoring Protocols: PSOs shall be present on site at all times during pile removal and driving.

    (i) A range finder or hand-held global positioning system device will be used to ensure that the Level A exclusion zones and Level B behavioral harassment ZOIs are monitored.

    (ii) A 30-minute pre-construction marine mammal monitoring will be required before the first pile driving or pile removal of the day. A 30-minute post-construction marine mammal monitoring will be required after the last pile driving or pile removal of the day. If the constructors take a break between subsequent pile driving or pile removal for more than 30 minutes, then additional pre-construction marine mammal monitoring will be required before the next start-up of pile driving or pile removal.

    (iii) Marine mammal visual monitoring will be conducted for different ZOIs based on different sizes of piles being driven or removed.

    (A) During 24-inch steel impact pile driving, two land-based PSOs monitors will monitor the ZOE and ZOI. Pile driving will be paused if any marine mammal approaches the exclusion zone.

    (B) During vibratory timber pile removal, two land-based PSOs will monitor the ZOI.

    (C) During 24-inch vibratory pile removal, 7 land-based PSOs and one monitoring boat with a PSO and boat operator will monitor the ZOI.

    (D) If weather prevents safe use of the boat in the main channel of the ZOI, the boat will be used in other areas of the ZOI that are safe, such as the southwest corner of the ZOI, where lack of public access prevents stationing a land-based PSO.

    (iv) If marine mammals are observed, the following information will be documented:

    (A) Species of observed marine mammals;

    (B) Number of observed marine mammal individuals;

    (C) Behavior of observed marine mammals;

    (D) Location within the ZOI; and

    (E) Animals' reaction (if any) to pile-driving activities

    8. Reporting

    (a) WSDOT shall provide NMFS with a draft monitoring report within 90 days of the conclusion of the construction work or within 90 days of the expiration of the IHA, whichever comes first. This report shall detail the monitoring protocol, summarize the data recorded during monitoring, and estimate the number of marine mammals that may have been harassed.

    (b) If comments are received from the NMFS West Coast Regional Administrator or NMFS Office of Protected Resources on the draft report, a final report shall be submitted to NMFS within 30 days thereafter. If no comments are received from NMFS, the draft report will be considered to be the final report.

    (c) In the unanticipated event that the construction activities clearly cause the take of a marine mammal in a manner prohibited by this Authorization (if issued), such as an injury, serious injury, or mortality, WSDOT shall immediately cease all operations and immediately report the incident to the Chief, Permits and Conservation Division, Office of Protected Resources, NMFS, and the West Coast Regional Stranding Coordinators. The report must include the following information:

    (i) Time, date, and location (latitude/longitude) of the incident;

    (ii) Description of the incident;

    (iii) Status of all sound source use in the 24 hours preceding the incident;

    (iv) Environmental conditions (e.g., wind speed and direction, sea state, cloud cover, visibility, and water depth);

    (v) Description of marine mammal observations in the 24 hours preceding the incident;

    (vi) Species identification or description of the animal(s) involved;

    (vii) The fate of the animal(s); and

    (viii) Photographs or video footage of the animal (if equipment is available).

    Activities shall not resume until NMFS is able to review the circumstances of the prohibited take. NMFS shall work with WSDOT to determine what is necessary to minimize the likelihood of further prohibited take and ensure MMPA compliance. WSDOT may not resume their activities until notified by NMFS via letter, email, or telephone.

    (E) In the event that WSDOT discovers an injured or dead marine mammal, and the lead PSO determines that the cause of the injury or death is unknown and the death is relatively recent (i.e., in less than a moderate state of decomposition as described in the next paragraph), WSDOT will immediately report the incident to the Chief, Permits and Conservation Division, Office of Protected Resources, NMFS, and the West Coast Regional Stranding Coordinators. The report must include the same information identified above. Activities may continue while NMFS reviews the circumstances of the incident. NMFS will work with WSDOT to determine whether modifications in the activities are appropriate.

    (F) In the event that WSDOT discovers an injured or dead marine mammal, and the lead PSO determines that the injury or death is not associated with or related to the activities authorized in the IHA (e.g., previously wounded animal, carcass with moderate to advanced decomposition, or scavenger damage), WSDOT shall report the incident to the Chief, Permits and Conservation Division, Office of Protected Resources, NMFS, and the West Coast Regional Stranding Coordinators, within 24 hours of the discovery. WSDOT shall provide photographs or video footage (if available) or other documentation of the stranded animal sighting to NMFS and the Marine Mammal Stranding Network. WSDOT can continue its operations under such a case.

    9. This Authorization may be modified, suspended or withdrawn if the holder fails to abide by the conditions prescribed herein or if NMFS determines that the authorized taking is having more than a negligible impact on the species or stock of affected marine mammals, or if there is an unmitigable adverse impact on the availability of such species or stocks for subsistence uses.

    10. A copy of this Authorization must be in the possession of each contractor who performs the construction work at the Coupeville Ferry Terminal.

    Dated: January 14, 2016. Perry Gayaldo, Deputy Director, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2016-01107 Filed 1-20-16; 8:45 am] BILLING CODE 3510-22-P
    COMMODITY FUTURES TRADING COMMISSION Performance of Certain Functions by the National Futures Association Related to Notices of Swap Valuation Disputes Filed by Swap Dealers and Major Swap Participants AGENCY:

    Commodity Futures Trading Commission.

    ACTION:

    Notice and order.

    SUMMARY:

    The Commodity Futures Trading Commission (“Commission”) is authorizing the National Futures Association (“NFA”) to receive, review, maintain, and serve as the official custodian of records for notices provided by swap dealers (“SDs”) and major swap participants (“MSPs”) of swap valuation disputes in excess of $20 million U.S. dollars (or its equivalent in any other currency), as provided in Commission regulation 23.502(c).

    DATES:

    Effective Date: March 1, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Erik F. Remmler, Deputy Director, 202-418-7630, [email protected], or Brian G. Mulherin, Associate Director, 202-418-6622, [email protected], Division of Swap Dealer and Intermediary Oversight (“DSIO”), Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581.

    SUPPLEMENTARY INFORMATION: I. Background and Authority

    Section 8a(10) of the Commodity Exchange Act 1 (the “Act” or “CEA”) provides that the Commission may authorize any person to perform any portion of the registration functions under the Act, notwithstanding any other provision of law. The performance of such functions shall be undertaken in accordance with rules adopted by such person and approved by the Commission or reviewed by the Commission pursuant to Section 17(j) of the Act.2

    1 7 U.S.C. 12a(10) (2014).

    2 7 U.S.C. 21(j) (2014).

    The purpose of the Act is explained in CEA Section 3(a) 3 as serving the public interest “through a system of effective self-regulation of . . . market participants and market professionals under the oversight of the Commission.” Section 17(o) of the Act 4 provides that the Commission may require NFA to perform Commission registration functions in accordance with the Act and NFA rules. The Commission has delegated to NFA the authority to conduct many functions previously conducted by the Commission. Such delegated functions include: Processing applications for registration of intermediaries under the Act; 5 reviewing disclosure documents, and providing the Commission with related summaries and periodic reports; 6 and acting as the Commission's official custodian of records.7 The Commission has found that NFA exercises its delegated authority with proficiency.8 Authorizing NFA to perform such functions allows the Commission to devote resources to other aspects of its regulatory mission.

    3 7 U.S.C. 5(a) (2014).

    4 7 U.S.C. 21(o) (2014).

    5See, e.g., 48 FR 35158 (Aug. 3, 1983) (introducing brokers and associated persons thereof); 49 FR 39593 (Oct. 9, 1984) (futures commission merchants, commodity pool operators, commodity trading advisors, and associated persons thereof); 51 FR 34490 (Sep. 29, 1986) (floor brokers); 58 FR 19657 (Apr. 15, 1993) (floor traders); and 77 FR 2708 (Jan. 19, 2012) (swap dealers and major swap participants).

    6See 62 FR 52088 (Oct. 6, 1997); 64 FR 29273 (June 1, 1999).

    7See, e.g., 49 FR 39593 (Oct. 9, 1984) (regarding the registration records of future commission merchants, commodity pool operators, and commodity trading advisors); 66 FR 43227 (Aug. 17, 2001) (regarding notice registration filings as futures commission merchants or introducing brokers); 67 FR 77470 (Dec. 18, 2002) (regarding commodity pool operator annual financial reports required by regulation 4.22 and 4.7(b)(3)); 75 FR 55310 (Sep. 10, 2010) (regarding the registration records of retail foreign exchange dealers); and 77 FR 2708 (Jan. 19, 2012) (regarding registration records of swap dealers and major swap participants).

    8See, e.g., 67 FR 77470 (Dec. 18, 2002).

    CEA Section 4s(f)(1) authorizes the Commission to require SDs and MSPs to “make such reports as are required by the Commission by rule or regulation regarding the transactions and positions . . .” of SDs and MSPs.9 Upon consideration, the Commission has determined to authorize NFA, to receive and review notices of swap valuation disputes, as specified in Regulation 23.502(c).10 Regulation 23.502(c) requires SDs and MSPs to notify the Commission of swap valuation disputes in excess of $20 million U.S. dollars (or its equivalent in any other currency), if not resolved within certain stated time frames. While those notices are currently submitted directly to the Commission, NFA is capable of receiving and reviewing those notices on the Commission's behalf.

    9 7 U.S.C. 6s(f)(1) (2014).

    10 Commission regulations referred to herein may be found at 17 CFR Ch. I (2014).

    NFA Compliance Rule 2-49 is capable of being used by NFA to collect notices of swap valuation disputes. That rule states:

    A Swap Dealer or Major Swap Participant Member must promptly submit any reports, documents or notices, including those required under CFTC Regulation 3.3 or Part 23 of the CFTC's regulations, and any other supplemental information, to NFA and CFTC, as required by NFA, in the form and manner prescribed by NFA.

    Under this rule, NFA has already required SDs and MSPs to submit copies of the Chief Compliance Officer annual reports required under Regulation 3.3,11 and periodic risk exposure reports required under Regulation 23.600(c)(2)(ii).12 Because notices of swap valuation disputes are also required under Part 23, NFA is able to require SDs and MSPs to submit those notices to NFA under Compliance Rule 2-49.

    11See NFA Notice to Members I-14-22.

    12See NFA Notice to Members I-14-20.

    NFA has confirmed its willingness to perform the functions described herein and Commission staff has made NFA staff aware of the requirements that shall apply to NFA in maintaining these records. In particular, NFA, its officers, employees and agents shall ensure the confidentiality of those nonpublic portions of the Commission's records furnished to, compiled or maintained by NFA, including any reports generated by NFA based on the swap valuation dispute notices received by NFA except as allowed by existing or future Commission orders or regulations.13 In addition, NFA will maintain these records in accordance with the Commission's Records Disposition Schedule. Further, the work of the Commission requires that Commission staff have ready electronic access to the information contained in the documents encompassed by this Order. Commission staff will have electronic access to a database containing the pertinent information contained in the subject filings. Moreover, NFA will make physical copies of any of the documents encompassed by this Order available to the Commission, Commission staff, the Department of Justice, the Securities and Exchange Commission, and all applicable prudential regulators promptly.

    13See Performance of Registration Functions by National Futures Association, 49 FR 39593, 39596 n.23 (Oct. 9, 1984) (“In this regard, NFA shall take special precautions to protect any information which appears in these [ ] records but which, by its nature, is among the types of information described in sections 8(a), 8(e), and 8a(6) of the Act, so that any such information will not be disclosed inadvertently or without authority.”).

    In light of NFA's experience in receiving and reviewing disclosure documents on behalf of the Commission, the Commission has determined to delegate to NFA the responsibility to receive and review notices of swap valuation disputes required to be filed pursuant to Regulation 23.502(c), to provide the Commission with such summaries and periodic reports as the Commission, through the Director of DSIO, may determine are necessary for the effective oversight of SDs and MSPs, and to maintain and serve as the official custodian of records for those documents. This determination is based upon NFA's representations regarding procedures for maintaining and safeguarding all such records. In maintaining the Commission's records pursuant to this Order, NFA shall be subject to all other requirements and obligations imposed on it by the Commission in existing or future orders or regulations. In this regard, NFA shall also implement such additional procedures (or modify existing procedures) as are acceptable to the Commission and as are necessary and acceptable to the Commission to accomplish the following: Ensure the security and integrity of the records in NFA's custody; facilitate prompt access to those records by the Commission and its staff, particularly as described in other Commission orders or rules; facilitate disclosure of public or nonpublic information in those records when permitted by Commission orders or rules and keep logs as required by the Commission concerning disclosure of nonpublic information; and otherwise safeguard the confidentiality of the records. NFA shall also make such reports regarding those notices as shall be specified by the Commission or the Director of DSIO.

    II. Conclusion and Order

    The Commission has determined, in accordance with Sections 4s(f)(1), 8a(10) and 17(o)(1) of the CEA, to authorize NFA to perform the following functions:

    (1) To receive in the form and manner prescribed by NFA, and conduct reviews of, the notices of swap valuation disputes specified in Regulation 23.502(c), as described above; and

    (2) To maintain and serve as the official custodian of those Commission records.

    NFA shall perform these functions in accordance with the standards established by the Act and the regulations and orders promulgated thereunder, and shall provide the Commission with such summaries and periodic reports regarding those records and their contents as the Commission or the Director of DSIO may determine are necessary for the effective oversight of this program.

    These determinations are based, in part, on the Commission's authority to delegate to NFA portions of the Commission's responsibilities under the CEA, in furtherance of carrying out these responsibilities in the most efficient and cost-effective manner, and upon NFA's representations concerning the standards and procedures to be followed and the reports to be generated in administering these functions.

    This Order does not, however, authorize NFA to render “no-action” positions, exemptions or interpretations with respect to applicable disclosure, reporting, recordkeeping and registration requirements.

    Nothing in this Order or in CEA Sections 8a(10) or 17(o) shall affect the Commission's authority to review NFA's performance of Commission functions listed above.

    NFA is authorized to perform all functions specified herein until such time as the Commission orders otherwise. Nothing in this Order shall prevent the Commission from exercising the authority delegated herein. NFA may submit to the Commission for decision any specific matter regarding the functions delegated to it, and Commission staff will be available to discuss with NFA staff issues relating to the implementation of this Order. Nothing in this Order affects the applicability of any previous Orders issued by the Commission.

    Issued in Washington, DC, on January 14, 2016, by the Commission. Christopher J. Kirkpatrick, Secretary of the Commission.
    [FR Doc. 2016-01051 Filed 1-20-16; 8:45 am] BILLING CODE 6351-01-P
    COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities Under OMB Review AGENCY:

    Commodity Futures Trading Commission.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995 (“PRA”), this notice announces that the Information Collection Request (“ICR”) abstracted below has been forwarded to the Office of Management and Budget (“OMB”) for review and comment. The ICR describes the nature of the information collection and its expected costs and burden.

    DATES:

    Comments must be submitted on or before February 22, 2016.

    ADDRESSES:

    Comments regarding the burden estimated or any other aspect of the information collection, including suggestions for reducing the burden, may be submitted directly to the Office of Information and Regulatory Affairs (“OIRA”) in OMB, within 30 days of the notice's publication, by email at [email protected] Please identify the comments by OMB Control No. 3038-0080. Please provide the Commodity Futures Trading Commission (“CFTC” or “Commission”) with a copy of all submitted comments at the address listed below. Please refer to OMB Reference No. 3038-0080, found on http://reginfo.gov. Comments may also be mailed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for the Commodity Futures Trading Commission, 725 17th Street NW., Washington, DC 20503, or through the Agency's Web site at http://comments.cftc.gov. Follow the instructions for submitting comments through the Web site.

    Comments may also be mailed to: Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581 or by Hand Delivery/Courier at the same address.

    A copy of the supporting statements for the collection of information discussed above may be obtained by visiting http://reginfo.gov. 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:

    Jacob Chachkin, Special Counsel, Division of Swap Dealer and Intermediary Oversight, Commodity Futures Trading Commission, (202) 418-5496, email: [email protected], and refer to OMB Control No. 3038-0080.

    SUPPLEMENTARY INFORMATION:

    Title: Annual Report for Chief Compliance Officer of Registrants (OMB Control No. 3038-0080). This is a request for an extension of a currently approved information collection.

    Abstract: On April 3, 2012, the Commission adopted Commission regulation 3.3 (Chief Compliance Officer) 1 under sections 4d(d) and 4s(k) 2 of the Commodity Exchange Act (“CEA”). Commission regulation 3.3 requires each futures commission merchant (“FCM”),3 swap dealer (“SD”),4 and major swap participant (“MSP”) 5 to designate, by filing a form 8-R, a chief compliance officer who is responsible for developing and administering policies and procedures that fulfill certain duties of the FCM, SD, or MSP and that are reasonably designed to ensure the registrant's compliance with the CEA and Commission regulations; establishing procedures for the remediation of noncompliance issues identified by the chief compliance officer; establishing procedures for the handling, management response, remediation, retesting, and closing of noncompliance issues; preparing, signing, certifying and filing with the Commission an annual compliance report that contains the information specified in the regulations; amending the annual report if material errors or omissions are identified; and maintaining records of the registrant's compliance policies and procedures and records related to the annual report.

    1 17 CFR 3.3.

    2 7 U.S.C. 6d(d) and 6s(k).

    3 For the definition of FCM, see section 1a(28) of the CEA and Commission regulation 1.3(p). 7 U.S.C. 1a(28) and 17 CFR 1.3(p).

    4 For the definition of SD, see section 1a(49) of the CEA and Commission regulation 1.3(ggg). 7 U.S.C. 1a(49) and 17 CFR 1.3(ggg).

    5 For the definitions of MSP, see section 1a(33) of the CEA and Commission regulation 1.3(hhh). 7 U.S.C. 1a(33) and 17 CFR 1.3(hhh).

    The information collection obligations imposed by Commission regulation 3.3 are essential to ensuring that FCMs, SDs, and MSPs maintain comprehensive policies and procedures that promote compliance with the CEA and Commission regulations. In particular, the Commission believes that, among other things, these obligations (i) promote compliance behavior through periodic self-evaluation, (ii) inform the Commission of possible compliance weaknesses, (iii) assist the Commission in determining whether the registrant remains in compliance with the CEA and Commission regulations, and (iv) help the Commission to assess whether the registrant has mechanisms in place to adequately address compliance problems that could lead to a failure of the registrant.

    Burden Statement: In light of the current number of Commission-registered FCMs, SDs, and MSPs, the Commission revised its estimate of the burden for this collection. Accordingly, the respondent burden for this collection is estimated to be as follows:

    Number of Registrants: 178.

    Estimated Average Burden Hours per Registrant: 1,006.

    Estimated Aggregate Burden Hours: 179,068.

    Frequency of Recordkeeping/Third-party Disclosure: Annually or on occasion.

    Authority:

    44 U.S.C. 3501 et seq.

    Dated: January 15, 2016. Robert N. Sidman, Deputy Secretary of the Commission.
    [FR Doc. 2016-01139 Filed 1-20-16; 8:45 am] BILLING CODE 6351-01-P
    COUNCIL ON ENVIRONMENTAL QUALITY Opportunity for Sponsorship of the GreenGov Symposium AGENCY:

    Council on Environmental Quality.

    ACTION:

    Notice. GreenGov Symposium Call for Co-Sponsors.

    SUMMARY:

    This notice informs the public of the opportunity for eligible non-governmental entities to submit an application for co-sponsorship of a potential White House Council on Environmental Quality 2016 GreenGov Symposium. Those interested in becoming co-sponsors should submit an application for co-sponsorship by February 12, 2016.

    DATES:

    To be considered, applications for co-sponsorship must be received via email no later than 5:00 p.m. Eastern Standard Time on February 12, 2016.

    ADDRESSES:

    Submit applications and any supporting materials electronically to the White House Council on Environmental Quality, Office of Federal Sustainability, by sending them via email to: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Gordon Weynand, Office of Federal Sustainability, White House Council on Environmental Quality, [email protected]

    SUPPLEMENTARY INFORMATION:

    Application Information: Only non-government entities that are not-for-profit corporations or entities are eligible for co-sponsorship of the 2016 GreenGov Symposium. Potential co-sponsors could include, but are not limited to, registered 501(c)3 organizations and academic institutions. Eligible entities interested in co-sponsoring the 2016 GreenGov Symposium effort should demonstrate and provide relevant information on:

    • Alignment of their organization's mission and goals with the mission and goals of CEQ and the Office of Federal Sustainability and with the general purpose of the Symposium;

    • ability to contribute to selection of Symposium location(s), associated logistics, agenda planning, speaker proposal and selection, and event outreach;

    • experience working successfully with private sector, state and local government and academic sector stakeholders that would attend a GreenGov event;

    • ability to travel to various locations within the continental United States, if necessary to host GreenGov events;

    • technical and programmatic ability to support internet and web based production of GreenGov educational events; and,

    • ability to support both a major multiple day symposium event as well as limited topic specific seminars and workshops.

    Background: GreenGov is a CEQ initiative focused on Federal energy and sustainability efforts. Past GreenGov Symposiums brought sustainability leaders and newcomers in the Federal, state, and local government, academic, non-profit and private sectors together to learn from each other, share ideas, and help develop innovative solutions to energy and sustainability challenges in Federal operations. By design, the GreenGov Symposium helps the Federal community save energy, save money, and address sustainability goals and targets under Executive Order 13514: Federal Leadership in Environmental, Energy, and Economic Performance and under Executive Order 13693: Planning for Federal Sustainability in the Next Decade. Historical information on GreenGov is available at: http://www.whitehouse.gov//greengov.

    Authority:

    42 U.S.C. 4342, 4344.

    Dated: January 15, 2016. Christine J. Harada, Federal Chief Sustainability Officer.
    [FR Doc. 2016-01132 Filed 1-20-16; 8:45 am] BILLING CODE 3225-F6-P
    DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA-2016-HQ-0001] Proposed Collection; Comment Request AGENCY:

    U.S. Army Medical Command, Family Advocacy Program Office, DoD.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Army Family Advocacy Program Office, US Army announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

    DATES:

    Consideration will be given to all comments received by March 21, 2016.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

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

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

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

    Any associated form(s) for this collection may be located within this same electronic docket and downloaded for review/testing. Follow the instructions at http://www.regulations.gov for submitting comments. Please submit comments on any given form identified by docket number, form number, and title.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the U.S. Army Medical Command, Health Policy & Services, Behavioral Health Service Line, Family Advocacy Program (ATTN: MCHO-CL-H/Ms. Kathleen Foreman), 2748 Worth Road, JBSA Fort Sam Houston, TX 78234; or call the Point of Contact for U.S. Army Medical Command, Family Advocacy Program Office at 210-295-7370 or email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Title; Associated Form; and OMB Number: Family Advocacy Program; MEDCOM Form 811-Pilot (Behavioral Health Intake-Psychosocial History and Assessment); OMB Control Number 0702-XXXX.

    Needs and Uses: The information collection requirement is necessary to obtain and record the behavioral/mental health, psychological and social history of military health eligible and non-eligible beneficiaries in need of domestic violence and child abuse emergency and non-emergency support. The form is used by family advocacy workers to assess the clinical and non-clinical needs of individuals and families to ensure victim safety; reduce the risk of adverse behavioral health events like suicide, homicide, accidental death, and physical, emotional, and sexual abuse and neglect; refer victims and alleged offenders to appropriate treatment and case management resources; to gather case information for presentation and incident determination by a family advocacy review board; and to gather information for data analysis and reporting purposes for overall program improvement.

    Affected Public: Individuals or households.

    Annual Burden Hours: 3,950.

    Number of Respondents: 7,900.

    Responses per Respondent: 1.

    Annual Responses: 7,900.

    Average Burden per Response: 30 minutes.

    Frequency: On occasion.

    Respondents are U.S. citizens (military, civilian, and military-affiliated civilians; spouses, intimate partners; child care providers; teachers) or foreign nationals seeking emergency and non-emergency support from military health care facilities, child care facilities, and DoD school systems who are seeking domestic violence or child abuse support for themselves or their children. MEDCOM Form 811-Pilot records the information needed to conduct a thorough and responsible risk assessment, behavioral health assessment, treatment plan, and case monitoring or management plan. The completed form is included in the Family Advocacy Case file and in Family Advocacy System of Records (information system). The form is used by family advocacy workers to assess the clinical and non-clinical needs of individuals and families to ensure victim safety; reduce the risk of adverse behavioral health events like suicide, homicide, accidental death, and physical, emotional sexual abuse and neglect; refer victims and alleged offenders to appropriate treatment and case management resources; to gather case information for presentation and incident determination by a family advocacy review board; and to gather information for data analysis and reporting purposes for overall program improvement. If the form is not included in the Family Advocacy file, the records will reflect inconsistent risk assessment, behavioral health assessment, treatment and management planning. This form is essential to data collection to inform treatment and management planning. The form bolsters efforts to maintain and document family advocacy worker's compliance with standards in the assessment of victims and alleged offenders of abuse. In addition, the information gathered supports program improvement and risk mitigation.

    Dated: January 14, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2016-01075 Filed 1-20-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DoD-2016-OS-0002] Privacy Act of 1974; System of Records AGENCY:

    Office of the Secretary of Defense, DoD.

    ACTION:

    Notice to add a new System of Records.

    SUMMARY:

    The Office of the Secretary of Defense proposes to add a new system of records, DMDC 22, entitled “Defense Competency Assessment Tool,” to conduct web-based competency assessments in order to identify current and future competency gaps and requirements of the DoD civilian workforce based on near and long-term organizational goals, as well as to support analytical reporting to Congress.

    DATES:

    Comments will be accepted on or before February 22, 2016. This proposed action will be effective the day following the end of the comment period unless comments are received which result in a contrary determination.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

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

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

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

    FOR FURTHER INFORMATION CONTACT:

    Ms. Cindy Allard, Chief, OSD/JS Privacy Office, Freedom of Information Directorate, Washington Headquarters Service, 1155 Defense Pentagon, Washington, DC 20301-1155, or by phone at (571) 372-0461.

    SUPPLEMENTARY INFORMATION:

    The Office of the Secretary of Defense notices for systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the Federal Register and are available from the address in FOR FURTHER INFORMATION CONTACT or at http://dpcld.defense.gov/.

    The proposed system report, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted on January 7, 2016, to the House Committee on Oversight and Government Reform, the Senate Committee on Governmental Affairs, and the Office of Management and Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, “Federal Agency Responsibilities for Maintaining Records About Individuals,” dated February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: January 14, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. DMDC 22 System name:

    Defense Competency Assessment Tool

    System location:

    Defense Civilian Personnel Advisory Service (DCPAS), Enterprise Human Resources Information Systems (EHRIS), 4800 Mark Center Drive, Alexandria, VA 22350-1100.

    Categories of individuals covered by the system:

    Current DoD civilian employees who have voluntarily completed a competency assessment using the Defense Competency Assessment Tool.

    Categories of records in the system:

    DoD ID number (EDIPI), region ID, position ID, email address, last name, first name, middle name, agency code, agency group, occupational series, organization, work city, work state, work country, educational level, current pay plan, pay grade, pay status, supervisor status and responses to employee's and supervisor's assessment.

    Authority for maintenance of the system:

    10 U.S.C. 115b, Biennial strategic workforce plan; and DoD Instruction 1400.25, Volume 250, DoD Civilian Personnel Management System: Volume 250, Civilian Strategic Human Capital Planning (SHCP).

    Purpose(s):

    To conduct web-based competency assessments in order to identify current and future competency gaps and requirements of the DoD civilian workforce based on near and long-term organizational goals; to support analytical reporting to Congress.

    Routine uses of records maintained in the system, including categories of users and the purposes of such uses:

    In addition to those disclosures generally permitted in accordance with 5 U.S.C. 552a(b), the Privacy Act of 1974, as amended, the records contained herein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

    Law Enforcement Routine Use. If a system of records maintained by a DoD Component to carry out its functions indicates a violation or potential violation of law, whether civil, criminal, or regulatory in nature, and whether arising by general statute or by regulation, rule, or order issued pursuant thereto, the relevant records in the system of records may be referred, as a routine use, to the agency concerned, whether federal, state, local, or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, rule, regulation, or order issued pursuant thereto.

    Disclosure When Requesting Information Routine Use. A record from a system of records maintained by a DoD Component may be disclosed as a routine use to a federal, state, or local agency maintaining civil, criminal, or other relevant enforcement information or other pertinent information, such as current licenses, if necessary to obtain information relevant to a DoD Component decision concerning the hiring or retention of san employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit.

    Disclosure of Requested Information Routine Use. A record from a system of records maintained by a DoD Component may be disclosed to a federal agency, in response to its request, in connection with the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter.

    Congressional Inquiries Disclosure Routine Use. Disclosure from a system of records maintained by a DoD Component may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.

    Disclosure to the Office of Personnel Management Routine Use. A record from a system of records subject to the Privacy Act and maintained by a DoD Component may be disclosed to the Office of Personnel Management (OPM) concerning information on pay and leave, benefits, retirement deduction, and any other information necessary for the OPM to carry out its legally authorized government-wide personnel management functions and studies.

    Disclosure to the Department of Justice for Litigation Routine Use. A record from a system of records maintained by a DoD Component may be disclosed as a routine use to any component of the Department of Justice for the purpose of representing the Department of Defense, or any officer, employee or member of the Department in pending or potential litigation to which the record is pertinent.

    Disclosure of Information to the National Archives and Records Administration Routine Use. A record from a system of records maintained by a DoD Component may be disclosed as a routine use to the National Archives and Records Administration for the purpose of records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.

    Disclosure to the Merit Systems Protection Board Routine Use. A record from a system of records maintained by a DoD Component may be disclosed as a routine use to the Merit Systems Protection Board, including the Office of the Special Counsel for the purpose of litigation, including administrative proceedings, appeals, special studies of the civil service and other merit systems, review of OPM or component rules and regulations, investigation of alleged or possible prohibited personnel practices; including administrative proceedings involving any individual subject of a DoD investigation, and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or as may be authorized by law.

    Disclosure to the Merit Systems Protection Board Routine Use:

    A record from a system of records maintained by a DoD Component may be disclosed as a routine use to the Merit Systems Protection Board, including the Office of the Special Counsel for the purpose of litigation, including administrative proceedings, appeals, special studies of the civil service and other merit systems, review of OPM or Component rules and regulations, investigation of alleged or possible prohibited personnel practices; including administrative proceedings involving any individual subject of a DoD investigation, and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or as may be authorized by law.

    Data Breach Remediation Purposes Routine Use. A record from a system of records maintained by a Component may be disclosed to appropriate agencies, entities, and persons when (1) The Component suspects or has confirmed that the security or confidentiality of the information in the system of records has been compromised; (2) the Component has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Component or another agency or entity) that rely upon the compromised information; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the Components efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

    The DoD Blanket Routine Uses set forth at the beginning of the Office of the Secretary of Defense (OSD) compilation of systems of records notices may apply to this system. The complete list of DoD Blanket Routine Uses can be found Online at: http://dpcld.defense.gov/Privacy/SORNsIndex/BlanketRoutineUses.aspx.

    Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage:

    Electronic storage media.

    Retrievability:

    Name and/or DoD ID Number.

    Safeguards:

    Records are accessed and/or maintained in areas accessible only to authorized personnel. Physical controls include security guards, identification badges, key cards, cipher locks, closed circuit TV, door locks and access codes, and monitoring and escort requirements for all visitors. Technical controls include user identification, intrusion detection system, encryption, external certificate authority certificate, firewall, virtual privacy network, Common Access Cards, and Public Key Infrastructure certificates. Administrative controls include periodic security audits, regular monitoring of users' security practices, methods to ensure only authorized personnel have access to personal information, and encryption of backups containing sensitive data.

    Retention and disposal:

    Disposition pending (until the National Archives and Records Administration have approved the retention and disposition of these records) treat records as permanent.

    System manager(s) and address:

    Technical Director, Development, Requirements, and Resources, DCPAS EHRIS, 4800 Mark Center Drive, Alexandria, VA 22350-1100.

    Notification procedure:

    Individuals seeking to determine whether information about themselves is contained in this system of records should address written inquiries to the Technical Director, Development, Requirements, and Resources, DCPAS EHRIS, 4800 Mark Center Drive, Alexandria, VA 22350-1100.

    Signed, written requests should contain the individual's name and/or DoD ID number, organization, and contact information.

    Record access procedures:

    Individuals seeking access to information about themselves contained in this system should address written inquiries to the Office of the Secretary of Defense/Joint Staff Freedom of Information Act, Requester Service Center, Office of Freedom of Information, 1155 Defense Pentagon, Washington, DC 20301-1155.

    Signed, written requests should contain the name and number of this system of records notice, and the individual's name and/or DoD ID number, organization, and contact information.

    Contesting record procedures:

    The OSD rules for accessing records, for contesting contents, and appealing initial agency determinations are contained in OSD Administrative Instruction 81; 32 CFR part 311; or may be obtained from the system manager.

    Record source categories:

    Individual; Defense Civilian Personnel Data System.

    Exemptions claimed for the system:

    None.

    [FR Doc. 2016-01037 Filed 1-20-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID: DoD-2016-OS-0003] Privacy Act of 1974; System of Records AGENCY:

    Office of the Secretary of Defense, DoD.

    ACTION:

    Notice to alter a System of Records.

    SUMMARY:

    The Office of the Secretary of Defense proposes to alter a system of records notice DWHS P28, entitled “Personnel Security Operations File” to maintain security clearance and authorized access information.

    DATES:

    Comments will be accepted on or before February 22, 2016. This proposed action will be effective on the date following the end of the comment period unless comments are received which result in a contrary determination.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

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

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

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

    FOR FURTHER INFORMATION CONTACT:

    Ms. Cindy Allard, Chief, OSD/JS Privacy Office, Freedom of Information Directorate, Washington Headquarters Service, 1155 Defense Pentagon, Washington, DC 20301-1155, or by phone at (571) 372-0461.

    SUPPLEMENTARY INFORMATION:

    The Office of the Secretary of Defense notices for systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the Federal Register and are available from the address in the FOR FURTHER INFORMATION CONTACT or from the Defense Privacy and Civil Liberties Division Web site at http://dpcld.defense.gov/.

    The proposed systems reports, as required by 5 U.S.C. 552a(r) of the Privacy Act, as amended, were submitted on January 7, 2016 to the House Committee on Oversight and Government Reform, the Senate Committee on Homeland Security and Governmental Affairs, and the Office of Management and Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, “Federal Agency Responsibilities for Maintaining Records About Individuals,” dated February 8, 1996, (February 20, 1996, 61 FR 6427).

    Dated: January 14, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. DWHS P28 System name:

    Personnel Security Operations File (August 17, 2001, 66 FR 43236).

    Changes: System location:

    Delete entry and replace with “Personnel Security Operations Division (PSOD), Human Resources Directorate (HRD), Washington Headquarters Services (WHS), Department of Defense (DoD), 1155 Defense Pentagon, Washington DC 20301-1155.”

    Categories of individuals covered by the system:

    Delete entry and replace with “Applicants for, civilian employees of, and military members assigned to, WHS, the Office of the Secretary of Defense (OSD), and its components and supported organizations who require either vetting under Homeland Security Presidential Directive-12 for vetting purposes or require access to classified DoD information or materials.

    Contractors supporting the above organizations covered by Homeland Security Presidential Directive-12 for vetting purposes.

    Experts and consultants serving with or without compensation.

    Certain employees of the Congressional Budget Office and the U.S. Capitol Police, who require access to classified DoD information or materials.

    Staff of Congressional committees and Congressional member office staff of the U.S. Senate and U.S. House of Representatives who require access to classified DoD information or material.

    Employees of other Federal agencies detailed to the OSD.

    Members and staff of DoD and Presidential Boards, Commissions and Task Forces.

    Members detailed to DoD from other Executive Branch Agencies.

    Defense contractors requiring access to special programs.Sole entity contractors who require access to classified DoD information or materials.

    Unsalaried students working as interns in supported organizations.”

    Categories of records in the system:

    Delete entry and replace with “Name, Social Security Number (SSN), type of DoD affiliation, employing activity, current employment status, position sensitivity, personnel security investigative basis, status of current adjudicative action, security clearance eligibility and access status, reports of security-related incidents, to include issue files, suspension of eligibility and/or access, clearance withdrawal or suspension, denial or revocation of eligibility and/or access, eligibility recommendations or decisions made by an appellate authority, non-disclosure execution dates, indoctrination date(s), level(s) of access granted, debriefing date(s), and reason for debriefing.”

    Authority for maintenance of the system:

    Delete entry and replace with “E.O. 10450, Security Requirements for Government Employment; E.O. 10865, Safeguarding Classified Information Within Industry; Homeland Security Presidential Directive-12: Policy for a Common Identification Standard for Federal Employees and Contractors; DoD Directive 5200.2, DoD Personnel Security Program; DoD 5200.2-R, DoD Personnel Security Program; and E.O. 9397 (SSN), as amended.”

    Purpose(s):

    Delete entry and replace with “To maintain security clearance and authorized access information.”

    Routine uses of records maintained in the system, including categories of users and the purposes of such uses:

    Delete entry and replace with “In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, as amended, the records contained herein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

    Law Enforcement Routine Use: If a system of records maintained by a DoD Component to carry out its functions indicates a violation or potential violation of law, whether civil, criminal, or regulatory in nature, and whether arising by general statute or by regulation, rule, or order issued pursuant thereto, the relevant records in the system of records may be referred, as a routine use, to the agency concerned, whether federal, state, local, or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, rule, regulation, or order issued pursuant thereto.

    Disclosure When Requesting Information routine Use: A record from a system of records maintained by a DoD Component may be disclosed as a routine use to federal, state, or local agency maintaining civil, criminal, or other relevant enforcement information or other pertinent information, such as current licenses, if necessary to obtain information relevant to a DoD Component decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance, grant, or other benefit.

    Disclosure of Requested Information Routine Use: A record from a system of records maintained by a DoD Component may be disclosed to a federal agency, in response to its request, in connection with the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter.

    Congressional Inquiries Disclosure Routine Use: Disclosure from a system of records maintained by a DoD Component may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.

    Disclosure to the Department of Justice for Litigation Routine Use: A record from a system of records maintained by a DoD Component may be disclosed as a routine use to any component of the Department of Justice for the purpose of representing the Department of Defense, or any officer, employee or member of the Department in pending litigation to which the record is pertinent.

    Disclosure of Information to the National Archives and Records Administration Routine Use: A record from a system of records maintained by a DoD Component may be disclosed as a routine use to the National Archives and Records Administration for the purpose of records management inspections conducted under authority 44 U.S.C. 2904 and 2906.

    Data Breach Remediation Purposes Routine Use: A record from a system of records maintained by a Component may be disclosed to appropriate agencies, entities, and persons when (1) The Component suspects or has confirmed that the security or confidentiality of the information in the system of records has been compromised; (2) the Component has determined that as a result of the suspected or confirmed compromise there is a risk of harm to the security or integrity of this system or other systems or programs (whether maintained by the Component or another agency or entity) that rely upon the compromised information; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the Components efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

    The DoD Blanket Routine Uses set forth at the beginning of the Office of the Secretary of Defense (OSD) compilation of systems of records notices may apply to this system. The complete list of DoD Blanket Routine Uses can be found online at: http://dpcld.defense.gov/Privacy/SORNsIndex/BlanketRoutineUses.aspx”

    Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system: Storage:

    Delete entry and replace with “Paper file folders and electronic storage media.”

    Retrievability:

    Delete entry and replace with “Name and SSN.”

    Safeguards:

    Delete entry and replace with “Records are maintained under the direct control of office personnel during duty hours. Building has security guards and office is locked and alarmed during non-duty hours. Computer media is stored in controlled areas. Computer terminal access is controlled by Common Access Cards and/or user passwords that are periodically changed. Classified files are maintained in paper form, versus the electronic storage media. Paper records are maintained in security containers with access to records limited to person(s) responsible for servicing the record in performance of their official duties and who are properly screen and cleared for need-to-know.”

    Retention and disposal:

    Delete entry and replace with “Inactivate file when employee leaves the Agency; retain in files storage area and destroy after 2 years. Files for military personnel are destroyed upon separation. Files pertaining to contractor SCI eligibility are destroyed upon favorable SCI eligibility determination.”

    System manager(s) and address:

    Delete entry and replace with “Personnel Security Operations Division, Human Resources Directorate, Washington Headquarters Services, Department of Defense, 1155 Defense Pentagon, Washington, DC 20301-1155.”

    Notification procedure:

    Delete entry and replace with “Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Personnel Security Operations Division, Human Resources Directorate, Washington Headquarters Services, Department of Defense, 1155 Defense Pentagon, Washington DC 20301-1155.

    Signed, written requests must include the full name of the individual, SSN, and name of the program.”

    Record access procedures:

    Delete entry and replace with “Individuals seeking to access information about themselves contained in this system should address written inquiries to the Office of the Secretary of Defense/Freedom of Information Act Requester Service Center, 4800 Mark Center Drive, Alexandria, VA 22350-3100.

    Signed, written requests must include the full name of the individual, SSN, name of the program, and the name and number of this system of records notice.”

    Record source categories:

    Delete entry and replace with “The individual, background investigations and summaries of information from background investigations from the investigating agency, employment suitability related information; and forms and correspondence relating to the security clearance and access of the individual.”

    [FR Doc. 2016-01084 Filed 1-20-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF EDUCATION Applications for New Awards; Talent Search Program; Correction

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.044A

    AGENCY:

    Office of Postsecondary Education, Department of Education.

    ACTION:

    Notice; correction.

    SUMMARY:

    This notice corrects the “Estimated Available Funds” and “Maximum Award Amounts” in the notice inviting applications for new awards for fiscal year (FY) 2016 for the Talent Search program, published on December 22, 2015.

    DATES:

    Effective January 21, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Craig Pooler, OPE, U.S. Department of Education, 400 Maryland Avenue SW., Room 7E311, Washington, DC 20202. Telephone: (202) 502-7640 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:

    Corrections

    In the Federal Register of December 22, 2015 (80 FR 79574), on page 79576, in the third column, section II. Award Information, under “Estimated Available Funds,” we correct the estimated amount to $150,000,000. In addition, we correct the “Maximum Award,” which is located a couple paragraphs below the “Estimated Available Funds,” to read:

    Maximum Award:

    • For an applicant that is not currently receiving a Talent Search Program grant, the maximum award amount is $240,000 for a project that will serve a minimum of 500 participants, based upon a per-participant cost of no more than $480.

    • For an applicant that is currently receiving a Talent Search Program grant, the maximum award amount is the greater of (a) $240,000 or (b) the award amount obtained by multiplying the applicant's approved FY 2015 number of participants by $480, to serve at least the number of participants approved to serve in FY 2015. The minimum number of participants an applicant proposes to serve must be 500 and the project must propose a per-participant cost that does not exceed $480 per participant. For example, an applicant whose FY 2015 approved number of participants is 600 is eligible for a grant of up to $288,000 to serve 600 participants.

    We will reject any application that proposes a budget exceeding the maximum amount listed above for a single budget period of 12 months. We will also reject any application that proposes a budget to serve fewer than 500 participants, and will reject any application that proposes a budget that exceeds the maximum per participant cost of $480.

    All other information in the December 22, 2015, notice remains unchanged.

    Program Authority: 20 U.S.C. 1070a-11 and 1070a-12.

    Accessible Format: Individuals with disabilities can obtain a copy of the application package in an accessible format (e.g., braille, large print, audiotape, or compact disc) by contacting the program contact person listed under FOR FURTHER INFORMATION CONTACT.

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

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Dated: January 14, 2016. Lynn B. Mahaffie, Deputy Assistant Secretary for Policy, Planning and Innovation Delegated the Duties of the Assistant Secretary for Postsecondary Education.
    [FR Doc. 2016-01158 Filed 1-20-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs; 2016-2017 Award Year Deadline Dates AGENCY:

    Federal Student Aid, Department of Education.

    ACTION:

    Notice.

    Catalog of Federal Domestic Assistance (CFDA) Numbers: 84.038; 84.033; and 84.007. SUMMARY:

    The Secretary announces the 2016-2017 award year deadline dates for the submission of requests and documents from postsecondary institutions for the Federal Perkins Loan, Federal Work-Study (FWS), and Federal Supplemental Educational Opportunity Grant (FSEOG) programs (collectively, the “campus-based programs”).

    SUPPLEMENTARY INFORMATION:

    The Federal Perkins Loan program encourages institutions to make low-interest, long-term loans to needy undergraduate and graduate students to help pay for their education.

    The FWS program encourages the part-time employment of needy undergraduate and graduate students to help pay for their education and to involve the students in community service activities.

    The FSEOG program encourages institutions to provide grants to exceptionally needy undergraduate students to help pay for their education.

    The Federal Perkins Loan, FWS, and FSEOG programs are authorized by parts E and C, and part A, subpart 3, respectively, of title IV of the Higher Education Act of 1965, as amended.

    Throughout the year, in its “Electronic Announcements,” the Department will continue to provide additional information for the individual deadline dates listed in the table under the DEADLINE DATES section of this notice. You will also find the information on the Information for Financial Aid Professionals (IFAP) Web site at: www.ifap.ed.gov.

    DEADLINE DATES: The following table provides the 2016-2017 award year deadline dates for the submission of applications, reports, waiver requests, and other documents for the campus-based programs. Institutions must meet the established deadline dates to ensure consideration for funding or waiver, as appropriate.

    2016-2017 Award Year Deadline Dates What does an institution
  • submit?
  • How is it submitted? What is the deadline for submission?
    1. The Campus-Based Reallocation Form designated for the return of 2015-2016 funds and the request for supplemental FWS funds for the 2016-2017 award year The Reallocation Form is located on the “Setup” tab of the Fiscal Operations Report and Application to Participate (FISAP) at the eCampus-Based Web site: https://cbfisap.ed.gov. The Reallocation Form must be submitted electronically through the eCampus-Based Web site Monday, August 15, 2016. 2. The 2017-2018 FISAP (reporting 2015-2016 expenditure data and requesting funds for 2017-2018) The FISAP is located at the eCampus-Based Web site: https://cbfisap.ed.gov. The FISAP must be submitted electronically through the eCampus-Based Web site. The FISAP's signature page must be signed by the institution's Chief Executive Officer (CEO), either electronically or on a printed copy with an original signature. If mailing the FISAP signature page, it must be mailed to: FISAP Administrator, 8405 Greensboro Drive, Suite 1020, McLean, VA 22102 Friday September 30, 2016. 3. The Work Colleges Program Report of 2015-2016 award year expenditures The Work Colleges Program Report is located on the “Setup” tab of the FISAP at the eCampus-Based Web site: https://cbfisap.ed.gov. The report must be submitted electronically through the eCampus-Based Web site. It must be signed by the institution's Chief Executive Officer (CEO), either electronically or on a printed copy with an original signature. If mailing the Work Colleges Program Report signature page, it must be submitted by one of the following methods: Friday September 30, 2016. Hand deliver to: U.S. Department of Education, Federal Student Aid, Grants & Campus-Based Division, 830 First Street NE., Room 64F2, ATTN: Work Colleges Coordinator, Washington, DC 20002, or Mail to: The address listed above for hand delivery. However, please use ZIP Code 20202-5453 4. The 2015-2016 Financial Assistance for Students with Intellectual Disabilities Expenditure Report The Financial Assistance for Students with Intellectual Disabilities Expenditure Report is located on the “Setup” tab of the FISAP at the eCampus-Based Web site: https://cbfisap.ed.gov. The report must be submitted electronically through the eCampus-Based Web site. It must be signed by the institution's Chief Executive Officer (CEO), either electronically or on a printed copy with an original signature. If mailing the Financial Assistance for Students with Intellectual Disabilities Expenditure Report signature page, it must be submitted by one of the following methods: Friday September 30, 2016. Hand deliver to: U.S. Department of Education, Federal Student Aid, Grants & Campus-Based Division, CTP Program, 830 First Street NE., Room 64F2, Washington, DC 20002, or Mail to: The address listed above for hand delivery. However, please use ZIP Code 20202-5453. 5. The 2017-2018 FISAP Edit Corrections and Perkins Cash on Hand Update as of October 31, 2016 The FISAP is located at the eCampus-Based Web site: https://cbfisap.ed.gov. The FISAP Edit Corrections and Perkins Cash on Hand Update must be submitted electronically through the eCampus-Based Web site Thursday, December 15, 2016. 6. Request for a waiver of the 2017-2018 award year penalty for the underuse of 2015-2016 award year funds The request for a waiver is located in Part II, Section C of the FISAP at the eCampus-Based Web site: https://cbfisap.ed.gov. The request and justification must be submitted electronically through the eCampus-Based Web site Monday, February 6, 2017. 7. The Institutional Application and Agreement for Participation in the Work Colleges Program for the 2017-2018 award year The Institutional Application and Agreement for Participation in the Work Colleges Program can be found on the “Setup” tab of the FISAP at the eCampus-Based Web site: https://cbfisap.ed.gov. The application and agreement must be submitted electronically through the eCampus-Based Web site. It must be signed by the institution's Chief Executive Officer (CEO), either electronically or on a printed copy with an original signature. If mailing the Institutional Application and Agreement for Participation in the Work Colleges Program signature page, it must be submitted by one of the following methods: Monday, March 6, 2017. Hand deliver to: U.S. Department of Education, Federal Student Aid, Grants & Campus-Based Division, 830 First Street NE., Room 64F2, ATTN: Work Colleges Coordinator, Washington, DC 20002, or Mail to: The address listed above for hand delivery. However, please use ZIP Code 20202-5453 8. Request for a waiver of the FWS Community Service Expenditure Requirement for the 2017-2018 award year The FWS Community Service waiver request is located on the “Setup” tab of the FISAP at the eCampus-Based Web site: https://cbfisap.ed.gov. The request and justification must be submitted electronically through the eCampus-Based Web site Monday, April 24, 2017. Notes:  The deadline for electronic submissions is 11:59:00 p.m. (Washington, DC time) on the applicable deadline date. Transmissions must be completed and accepted by 11:59:00 p.m.to meet the deadline.  Paper documents that are sent through the U.S. Postal Service must be postmarked or you must have a mail receipt stamped by the applicable deadline date.  Paper documents that are delivered by a commercial courier must be received no later than 4:30:00 p.m. (Washington, DC time) on the applicable deadline date.  The Secretary may consider on a case-by-case basis the effect that a major disaster, as defined in section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)), or another unusual circumstance has on an institution in meeting the deadlines.
    Proof of Mailing or Hand Delivery of Paper Documents

    If you submit paper documents when permitted by mail or by hand delivery (or from a commercial courier), we accept as proof one of the following:

    (1) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    (2) A legibly dated U.S. Postal Service postmark.

    (3) A dated shipping label, invoice, or receipt from a commercial courier.

    (4) Any other proof of mailing or delivery acceptable to the Secretary.

    If you mail your paper documents through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

    (1) A private metered postmark.

    (2) A mail receipt that is not dated by the U.S. Postal Service.

    Note:

    The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.

    All institutions are encouraged to use certified or at least first-class mail.

    The Department accepts hand deliveries from you or a commercial courier between 8:00:00 a.m. and 4:30:00 p.m., Washington, DC time, Monday through Friday except Federal holidays.

    Sources for Detailed Information on These Requests

    A more detailed discussion of each request for funds or waiver is provided in specific “Electronic Announcements,” which are posted on the Department's IFAP Web site (http://ifap.ed.gov) at least 30 days before the established deadline date for the specific request. Information on these items is also found in the Federal Student Aid Handbook, which is also posted on the Department's IFAP Web site.

    Applicable Regulations: The following regulations apply to these programs:

    (1) Student Assistance General Provisions, 34 CFR part 668.

    (2) General Provisions for the Federal Perkins Loan Program, Federal Work-Study Program, and Federal Supplemental Educational Opportunity Grant Program, 34 CFR part 673.

    (3) Federal Perkins Loan Program, 34 CFR part 674.

    (4) Federal Work-Study Program, 34 CFR part 675.

    (5) Federal Supplemental Educational Opportunity Grant Program, 34 CFR part 676.

    (6) Institutional Eligibility under the Higher Education Act of 1965, as amended, 34 CFR part 600.

    (7) New Restrictions on Lobbying, 34 CFR part 82.

    (8) Governmentwide Requirements for Drug-Free Workplace (Financial Assistance), 34 CFR part 84.

    (9) Governmentwide Debarment and Suspension (Nonprocurement), 2 CFR part 3485.

    (10) Drug and Alcohol Abuse Prevention, 34 CFR part 86.

    FOR FURTHER INFORMATION CONTACT:

    Pat Stephenson, Manager, Campus-Based Programs, U.S. Department of Education, Federal Student Aid, 830 First Street NE., Union Center Plaza, Room 64F2, Washington, DC 20202-5453. Telephone: (202) 377-3782 or via email: [email protected]

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

    Accessible Format: Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the program contact person listed in this section.

    Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free 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.

    Program Authority:

    20 U.S.C. 1070b et seq. and 1087aa et seq.; 42 U.S.C. 2751 et seq.

    Dated: January 14, 2016. James W. Runcie, Chief Operating Officer, Federal Student Aid.
    [FR Doc. 2016-01159 Filed 1-20-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2016-ICCD-0009] Agency Information Collection Activities; Comment Request; Campus Equity in Athletics Disclosure Act (EADA) Survey 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 an extension of an existing information collection.

    DATES:

    Interested persons are invited to submit comments on or before March 21, 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-2016-ICCD-0009. 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 2E-103, Washington, DC 20202-4537.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Ashley Higgins, 202-219-7061.

    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: Campus Equity in Athletics Disclosure Act (EADA) Survey.

    OMB Control Number: 1840-0827.

    Type of Review: An extension of an existing information collection.

    Respondents/Affected Public: Private Sector; State, Local and Tribal Governments.

    Total Estimated Number of Annual Responses: 2,072.

    Total Estimated Number of Annual Burden Hours: 11,397.

    Abstract: The collection of information is necessary under section 485 of the Higher Education Act of 1965, as amended, with the goal of increasing transparency surrounding college athletics for student, prospective students, parents, employees and the general public. The survey is a collection tool to compile the annual data on college athletics. The data collected from the individual institutions by ED and is made available to the public through the Equity in Athletics Data Analysis Cutting Tool as well as the College Navigator.

    Dated: January 14, 2016. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2016-01027 Filed 1-20-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Commissioner or Commission Staff Attendance at Miso Meetings

    The Federal Energy Regulatory Commission (Commission) hereby gives notice that members of the Commission and/or Commission staff may attend the following MISO-related meetings:

    • Advisory Committee ○ January 27, 10 a.m.-1 p.m., Call only ○ February 24, 10 a.m.-1 p.m., Call only ○ March 23, 11 a.m.-5 p.m., Loews Hotel, 300 Poydras St., New Orleans, LA • Board of Directors Audit & Finance Committee ○ March 23, 4:45 p.m.-6:45 p.m., Loews Hotel, 300 Poydras St., New Orleans, LA • Board of Directors ○ March 24, 9:30 a.m.-12 noon, Loews Hotel, 300 Poydras St., New Orleans, LA • Board of Directors Markets Committee ○ January 26, 9 a.m.-11 a.m., Call only ○ March 22, 10 a.m.-12 noon, 300 Poydras St., New Orleans, LA • Board of Directors System Planning Committee ○ February 23, 3:30 p.m.-5:30 p.m., Call only ○ March 22, 2:30 p.m.-4:30 p.m., 300 Poydras St., New Orleans, LA • MISO Informational Forum ○ January 26, 3 p.m.-5 p.m., Carmel ○ February 23, 3 p.m.-5 p.m., Call only ○ March 22, 4 p.m.-6 p.m., 300 Poydras St., New Orleans, LA • MISO Market Subcommittee ○ February 2, 9:30 a.m.-4 p.m., Call only ○ March 1, 9:30 a.m.-4 p.m., Little Rock • MISO Supply Adequacy Working Group ○ February 4, 9:30 a.m.-4:30 p.m., Little Rock ○ March 3, 9:30 a.m.-4:30 p.m., Little Rock • MISO Regional Expansion Criteria and Benefits Task Force ○ January 21, 9:30 a.m.-4:30 p.m., Carmel ○ February 17, 9:30 a.m.-4:30 p.m., Metarie • MISO Planning Advisory Committee ○ January 20, 9:30 a.m.-4:30 p.m., Carmel ○ February 17, 9:30 a.m.-4:30 p.m., Metarie

    Unless otherwise noted all of the meetings above will be held at either:

    Carmel: MISO Headquarters, 701 City Center Drive, 720 City Center Drive, and Carmel, IN 46032 Little Rock: 1700 Centerview Drive, Little Rock, AR Eagan: 2985 Ames Crossing Rd., Eagan, MN Metarie: 3850 N. Causeway Blvd., Suite 442, Metairie, LA

    Further information and dial in instructions may be found at www.misoenergy.org. All times are Eastern Prevailing Time.

    The above-referenced meetings are open to the public.

    The discussions at each of the meetings described above may address matters at issue in the following proceedings:

    Docket No. ER11-4081, Midwest Independent Transmission System Operator, Inc. Docket No. ER12-678, Midwest Independent Transmission System Operator, Inc. Docket No. ER12-2302, Midwest Independent Transmission System Operator, Inc. Docket No. ER13-187, Midwest Independent Transmission System Operator, Inc. Docket No. ER13-186, Midwest Independent Transmission System Operator, Inc. Docket No. ER13-101, Midwest Independent Transmission System Operator, Inc. Docket No. ER13-89, MidAmerican Energy Company Docket No. ER12-1266, Midwest Independent Transmission System Operator, Inc. Docket No. ER12-1265, Midwest Independent Transmission System Operator, Inc. Docket No. ER13-1924, Midcontinent Independent System Operator, Inc. Docket No. ER13-1943, Midcontinent Independent System Operator, Inc. Docket No. ER13-1944, Midcontinent Independent System Operator, Inc. Docket No. ER13-1945, Midcontinent Independent System Operator, Inc. Docket No. EL13-88, Northern Indiana Public Service Corp. v Midcontinent Independent System Operator, Inc., et al. Docket No. EL14-12, ABATE et al. v Midcontinent Independent System Operator, Inc., et al. Docket No. AD12-16, Capacity Deliverability across the MISO/PJM Seam Docket No. AD14-3, Coordination of Energy and Capacity across the MISO/PJM Seam Docket No. ER13-1938, Midcontinent Independent System Operator, Inc. Docket No. ER14-1736, Midcontinent Independent System Operator, Inc. Docket No. ER14-2445, Midcontinent Independent System Operator, Inc. Docket No. ER15-133, Midcontinent Independent System Operator, Inc. Docket No. ER15-530, Midcontinent Independent System Operator, Inc. Docket No. ER15-767, Midcontinent Independent System Operator, Inc. Docket No. ER15-945, Midcontinent Independent System Operator, Inc. Docket No. ER09-1431, Midwest Independent Transmission System Operator, Inc. Docket No. ER11-2275, Midwest Independent Transmission System Operator, Inc. Docket No. ER11-3279, Midwest Independent Transmission System Operator, Inc. Docket No. ER12-1194, Midwest Independent Transmission System Operator, Inc. Docket No. ER15-1210, Midcontinent Independent System Operator, Inc. Docket No. ER13-1938, Midcontinent Independent System Operator, Inc. Docket No. ER14-649, Midcontinent Independent System Operator, Inc. Docket No. ER14-2952, Midcontinent Independent System Operator, Inc. Docket No. ER14-2605, Midcontinent Independent System Operator, Inc. Docket No. ER14-1210, Midcontinent Independent System Operator, Inc. Docket No. ER15-943, Midcontinent Independent System Operator, Inc. Docket No. ER16-213, Midcontinent Independent System Operator, Inc. Docket No. ER16-469, Midcontinent Independent System Operator, Inc. Docket No. ER16-470, Midcontinent Independent System Operator, Inc. Docket No. ER16-490, Midcontinent Independent System Operator, Inc. Docket No. ER16-521, Midcontinent Independent System Operator, Inc. Docket No. ER15-2657, Midcontinent Independent System Operator, Inc. Docket No. ER16-533, Midcontinent Independent System Operator, Inc. Docket No. ER16-534, Midcontinent Independent System Operator, Inc. Docket No. ER16-611, Midcontinent Independent System Operator, Inc. Docket No. ER16-675, Midcontinent Independent System Operator, Inc. Docket No. EL15-70, Public Citizen, Inc v. Midcontinent Independent System Operator, Inc. Docket No. EL15-71, People of the State of Illinois v. Midcontinent Independent System Operator, Inc. Docket No. EL15-72, Southwestern Electric Cooperative, Inc. v. Midcontinent Independent System Operator, Inc. Docket No. EL15-82, Illinois Industrial Energy Consumers v. Midcontinent Independent System Operator, Inc.

    For more information, contact Patrick Clarey, Office of Energy Markets Regulation, Federal Energy Regulatory Commission at (317) 249-5937 or [email protected], or Christopher Miller, Office of Energy Markets Regulation, Federal Energy Regulatory Commission at (317) 249-5936 or [email protected]

    Dated: January 14, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-01120 Filed 1-20-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP16-18-000] Magnum Gas Storage, LLC; Notice of Intent To Prepare an Environmental Assessment for the Proposed Magnum Gas Storage Amendment 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 Magnum Gas Storage Amendment Project (Project) involving construction and operation of facilities by Magnum Gas Storage, LLC (Magnum) in Millard, Juab, and Utah Counties, Utah. The Commission will use this EA in its decision-making process to determine whether the project is in the public convenience and necessity. The proposed Project is an Amendment to the Certificate of Public Convenience and Necessity (Certificate) issued on March 17, 2011 in Docket No. CP10-22-000 to Magnum. The Certificate authorized Magnum to construct, own, and operate a natural gas storage facility in Millard, Juab, and Utah Counties Utah, with related facilities including a 61.6 mile long, 36-inch diameter natural gas header pipeline (Header).

    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 February 16, 2016.

    If you sent comments on this project to the Commission before the opening of this docket on November 16, 2015, you will need to file those comments in Docket No. CP16-18-000 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 Magnum 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.

    Magnum 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/resources/guides/gas/gas.pdf).

    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 (CP16-18-000) 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

    For this Amendment, Magnum is proposing the following changes to its facilities, all within the previously analyzed and approved project area:

    Facilities Eliminated From Previous Authorization

    • Brine evaporation pond 1;

    • monitoring wells DA-1 and DA-2; and

    • monitoring wells, GA-1, GA-2, GA-9, GA-10, and GA-11.

    Pipeline Header

    • A 6,252-foot-long segment of the header pipeline would be relocated 63 feet north, west of Jones road in Millard County, Utah.

    Aboveground Facilities Relocated on Previous Authorized Site

    • Four natural gas caverns;

    • water wells 1 through 5;

    • compression, dehydration, and pumping facilities;

    • 4-inch gas supply line;

    • maintenance and laydown area;

    • office/warehouse building and substation; and

    • site-wide utilities.

    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

    For the Magnum Project approved in the March 17, 2011 Order, construction and operation would require the use of approximately 1,800 acres of land. The gas storage facilities would be located on a 2,050 acre site. Approximately 28 miles of the 61.6-mile-long Header would be collocated with the existing Utah-Nevada and Kern River Gas Pipelines. Also, a portion of the Header would also be located within the West Wide Energy Corridor. For the proposed Amendment, a 6,252-foot-long segment of the header pipeline would be relocated 63 feet north, west of Jones road. Magnum is not proposing any changes to the temporary or permanent right-of-way width for this portion of the Header alignment. Therefore, the previously approved temporary and permanent disturbance acreage would not increase.

    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, including migratory birds;

    • 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.

    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., CP16-18). 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: January 14, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-01115 Filed 1-20-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP16-38-000; PF15-21-000] Columbia Gas Transmission, LLC; Notice of Application

    Take notice that on December 30, 2015, Columbia Gas Transmission, LLC (Columbia), 5151 San Felipe, Suite 2500, Houston, TX 77056, filed an application pursuant to section 7(c) of the Natural Gas Act (NGA) and Part 157 of the Commission's Regulations requesting authority to construct and operate its WB Xpress Project which would include: (i) The construction of approximately 29.2 miles of various diameter pipeline, (ii) modifications to seven existing compressor stations, (iii) construction of two new compressor stations, and (iv) uprating the maximum allowable operating pressure (MAOP) on various segments of Columbia's existing Line WB and Line VB natural gas transmission systems. The WB Xpress Project facilities are designed to expand the capacity of Columbia's existing system to transport up to approximately 1.3 million dekatherms per day (MMDth/d) of natural gas. Facilities to be constructed or uprated are located in Clay, Kanawha, Grant, Upshur, Randolph, Pendleton, Braxton, and Hardy Counties, West Virginia and in Clark, Fauquier, Fairfax, Loudoun, Shenandoah, and Warren Counties, Virginia. The cost to construct the project facilities is approximately 780 million dollars.

    The filing may be viewed on the web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at [email protected] or call toll-free, (886) 208-3676 or TYY, (202) 502-8659.

    Any questions concerning this application should be directed to Michael D. Walker, Manager, FERC Certificates, Columbia Gas Transmission, LLC, P.O. Box 1273 Charleston, West Virginia 25325, phone: (304) 357-2443, Fax: (304) 357-2770, or email [email protected] or Brittany Carns, Community Relations & Stakeholder Outreach Manager at the same address or via phone: (304) 359-2771 or email: [email protected]

    On April 16, 2015 the Commission granted Columbia's request to utilize the Pre-Filing Process and assigned Docket No. PF15-21-000 to staff activities involved in the WB Xpress Project. Now, as of the filing of the December 30 application, the Pre-Filing Process for this Project has ended. From this time forward, this proceeding will be conducted in Docket No. CP16-38-000 as noted in the caption of this Notice.

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding, or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

    There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 5 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

    However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 7 copies of the protest or intervention to the Federal Energy regulatory Commission, 888 First Street NE., Washington, DC 20426.

    Comment Date: 5:00 p.m. Eastern time on February 4, 2016.

    Dated: January 14, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-01116 Filed 1-20-16; 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 corporate filings:

    Docket Numbers: EC16-60-000.

    Applicants: Aspirity Energy Mid-States, LLC, Aspirity Energy Northeast, LLC.

    Description: Application of Aspirity Energy Northeast, LLC, et al. for Authorization under Section 203 of the FPA and Requests for Expedited Consideration and Confidential Treatment.

    Filed Date: 1/13/16.

    Accession Number: 20160113-5289.

    Comments Due: 5 p.m. ET 2/3/16.

    Take notice that the Commission received the following exempt wholesale generator filings:

    Docket Numbers: EG16-38-000.

    Applicants: Innovative Solar 43, LLC.

    Description: Notice of Self-Certification of Exempt Wholesale Generator (EWG) of Innovative Solar 43, LLC.

    Filed Date: 1/13/16.

    Accession Number: 20160113-5225.

    Comments Due: 5 p.m. ET 2/3/16.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-1818-012; ER10-1819-014; ER10-1820-017; ER10-1817-013.

    Applicants: Public Service Company of Colorado, Northern States Power Company, a Minnesota corporation, Northern States Power Company, a Wisconsin corporation, Southwestern Public Service Company.

    Description: Triennial Market Power Analysis and Notice of Change in Status of Public Service Company of Colorado, et al.

    Filed Date: 1/14/16.

    Accession Number: 20160114-5292.

    Comments Due: 5 p.m. ET 3/14/16.

    Docket Numbers: ER14-1656-007.

    Applicants: CSOLAR IV West, LLC.

    Description: Notification of Change in Status of CSOLAR IV West, LLC.

    Filed Date: 1/14/16.

    Accession Number: 20160114-5268.

    Comments Due: 5 p.m. ET 2/4/16.

    Docket Numbers: ER15-2679-002.

    Applicants: Latigo Wind Park, LLC.

    Description: Compliance filing: Latigo Wind Park, LLC MBR Tariff to be effective 11/15/2015.

    Filed Date: 1/14/16.

    Accession Number: 20160114-5273.

    Comments Due: 5 p.m. ET 2/4/16.

    Docket Numbers: ER15-2680-002.

    Applicants: Sandstone Solar LLC.

    Description: Compliance filing: Sandstone Solar LLC MBR Tariff to be effective 11/1/2015.

    Filed Date: 1/14/16.

    Accession Number: 20160114-5272.

    Comments Due: 5 p.m. ET 2/4/16.

    Docket Numbers: ER16-452-003.

    Applicants: RE Tranquillity LLC.

    Description: Tariff Amendment: Additional Amendment to Application and Initial Tariff Filing to be effective 12/3/2015.

    Filed Date: 1/13/16.

    Accession Number: 20160113-5236.

    Comments Due: 5 p.m. ET 1/27/16.

    Docket Numbers: ER16-730-000.

    Applicants: PacifiCorp.

    Description: § 205(d) Rate Filing: Basin Electric NITSA Rev 3 to be effective 1/1/2016.

    Filed Date: 1/14/16.

    Accession Number: 20160114-5290.

    Comments Due: 5 p.m. ET 2/4/16.

    Take notice that the Commission received the following electric securities filings:

    Docket Numbers: ES16-19-000.

    Applicants: Union Electric Company.

    Description: Application of Union Electric Company for Section 204 financing authority.

    Filed Date: 1/14/16.

    Accession Number: 20160114-5303.

    Comments Due: 5 p.m. ET 2/4/16.

    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: January 14, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-01119 Filed 1-20-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. P-14721-000] The City of Springfield; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications

    On October 13, 2015, the City of Springfield, Massachusetts (Springfield) filed an application for a preliminary permit, pursuant to section 4(f) of the Federal Power Act (FPA), proposing to study the feasibility of the Watershops Pond Dam Hydroelectric Project (project) to be located on the Mill River, near Springfield, Hampden County, Massachusetts. The sole purpose of a preliminary permit, if issued, is to grant the permit holder priority to file a license application during the permit term. A preliminary permit does not authorize the permit holder to perform any land-disturbing activities or otherwise enter upon lands or waters owned by others without the owners' express permission.

    The proposed project would consist of: (1) The existing 105-foot-long, 32-foot-high, concrete and masonry gravity Watershops Pond dam; (2) an existing 198-acre impoundment with a normal maximum water surface elevation of 155 feet above mean sea level; (3) a new 7-foot-long, 4-foot-wide steel penstock; (4) a new 100-foot-long, 30-foot-wide powerhouse containing a single turbine generator unit with an installed capacity of 145 kilowatts; (5) a new 800-foot-long, 0.48-kilovolt transmission line; and (6) appurtenant facilities. The project would have an estimated average annual energy generation of 707 megawatt-hours. There are no federal lands associated with the project.

    Applicant Contact: Mr. Peter J. Garvey, Director, Department of Capital Asset Construction, 36 Court Street, Room 312, Springfield, Massachusetts 01103; phone: (413) 787-6445.

    FERC Contact: Michael Watts; phone: (202) 502-6123; email: [email protected]

    Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Competing applications and notices of intent must meet the requirements of 18 CFR 4.36.

    The Commission strongly encourages electronic filing. Please file comments, motions to intervene, notices of intent, and competing applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number P-14721-000.

    More information about this project, including a copy of the application, can be viewed or printed on the “eLibrary” link of Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-14721) in the docket number field to access the document. For assistance, contact FERC Online Support.

    Dated: January 14, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-01118 Filed 1-20-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Termination of Requirement To File Fourth Quarter 2015 Land Acquisition Reports

    Take notice that sellers with market-based rate authority need not submit reports for the fourth quarter of 2015 documenting the acquisition of control of sites for new generation capacity development (land acquisition reports). Order No. 816,1 which will become effective on January 28, 2016, terminates the requirement to submit such reports. Therefore, land acquisition reports for the fourth quarter of 2015, which would have been due on January 30, 2016, are not required.

    1Refinements to Policies and Procedures for Market-Based Rates for Wholesale Sales of Electric Energy, Capacity and Ancillary Services by Public Utilities, Order No. 816, 80 FR 67,056 (Oct. 30, 2015), FERC Stats. & Regs. ¶ 31,374 (2015).

    Dated: January 14, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-01117 Filed 1-20-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. P-14743-000] ORPC Maine, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications

    On December 4, 2015, ORPC Maine, LLC (ORPC Maine) filed an application for a preliminary permit, pursuant to section 4(f) of the Federal Power Act (FPA), proposing to study the feasibility of the Western Passage Tidal Energy Project No. 14743 (Western Passage Project) to be located in Western Passage, near the City of Eastport, Washington County, Maine. The sole purpose of a preliminary permit, if issued, is to grant the permit holder priority to file a license application during the permit term. A preliminary permit does not authorize the permit holder to perform any land-disturbing activities or otherwise enter upon lands or waters owned by others without the owners' express permission.

    The proposed project would consist of: (1) 15 double TidGen® TGU hydrokinetic tidal devices, each consisting of a 500-kilowatt turbine-generator unit for a combined capacity of 5,000 kilowatts; (2) an anchoring support structure; (3) a mooring system; (4) a 3,900 to 4,200-foot-long submersible cable connecting the turbine-generator units to a shore station; (5) a 1,900 to 4,600-foot-long, 4.16- to 12.7-kilovolt transmission line connecting the shore station to an existing distribution line; and (6) appurtenant facilities. The estimated average annual generation of the Western Passage Project would be 2.6 to 3.53 gigawatt-hours. There are no federal lands associated with the project.

    Applicant Contact: Christopher R. Sauer, President and CEO, Ocean Renewable Power Company, LLC, 66 Pearl Street, Suite 301, Portland, Maine 04101; phone: (207) 772-7707.

    FERC Contact: Michael Watts; phone: (202) 502-6123; email: [email protected]

    Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Competing applications and notices of intent must meet the requirements of 18 CFR 4.36.

    The Commission strongly encourages electronic filing. Please file comments, motions to intervene, notices of intent, and competing applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number P-14743-000.

    More information about this project, including a copy of the application, can be viewed or printed on the “eLibrary” link of Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-14743) in the docket number field to access the document. For assistance, contact FERC Online Support.

    Dated: January 14, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-01124 Filed 1-20-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-2822-008; ER12-2076-005; ER11-2462-006; ER11-2463-006; ER11-2112-007; ER12-2077-005; ER12-2078-005; ER10-2828-003; ER11-2464-006; ER10-3158-006; ER10-2942-005; ER12-2081-005; ER12-2083-005; ER12-2084-005; ER10-2423-006; ER10-2404-006; ER12-2086-005; ER12-2649-003; ER10-1725-003; ER11-2465-007; ER14-2676-002; ER10-2994-013; ER11-2466-006; ER11-2467-006; ER11-2468-006; ER11-2469-006; ER11-2470-006; ER11-2471-006; ER11-2472-006; ER10-3001-004; ER10-3002-003; ER10-3004-004; ER12-308-006; ER12-2108-005; ER12-2097-005; ER12-2101-005; ER10-3162-006; ER12-422-005; ER12-2102-006; ER12-2109-005; ER11-2473-006; ER10-3010-003; ER12-2106-005; ER11-2196-007; ER10-3161-006; ER12-96-005; ER11-2474-008; ER10-3031-003; ER12-2107-005; ER11-2475-006; ER10-2285-005; ER10-2301-003; ER10-2306-003; ER10-3160-002; ER10-2812-013; ER10-1291-020; ER10-2843-012.

    Applicants: Atlantic Renewables Projects II LLC, Barton Windpower LLC, Big Horn Wind Project LLC, Big Horn II Wind Project LLC, Blue Creek Wind Farm LLC, Buffalo Ridge I LLC, Buffalo Ridge II LLC, Casselman Windpower LLC, Colorado Green Holdings LLC, Dillon Wind LLC, Elk River Windfarm, LLC, Elm Creek Wind, LLC, Elm Creek Wind II LLC, Farmers City Wind, LLC, Flat Rock Windpower LLC, Flat Rock Windpower II LLC, Flying Cloud Power Partners, LLC, Groton Wind, LLC, Hardscrabble Wind Power LLC, Hay Canyon Wind LLC, Iberdrola Arizona Renewables, LLC, Iberdrola Renewables, LLC, Juniper Canyon Wind Power LLC, Klamath Energy LLC, Klamath Generation LLC, Klondike Wind Power LLC, Klondike Wind Power II LLC, Klondike Wind Power III LLC, Leaning Juniper Wind Power II LLC, Lempster Wind, LLC, Locust Ridge Wind Farm, LLC, Locust Ridge II, LLC, Manzana Wind LLC, MinnDakota Wind LLC, Moraine Wind LLC, Moraine Wind II LLC, Mountain View Power Partners III, LLC, New England Wind, LLC, New Harvest Wind Project LLC, Northern Iowa Windpower II LLC, Pebble Springs Wind LLC, Providence Heights Wind, LLC, Rugby Wind LLC, San Luis Solar LLC, Shiloh I Wind Project, LLC, South Chestnut LLC, Star Point Wind Project LLC, Streator-Cayuga Ridge Wind Power LLC, Trimont Wind I LLC, Twin Buttes Wind LLC, Central Maine Power Company, New York State Electric & Gas Corporation, Rochester Gas & Electric Corporation, The United Illuminating Company, GenConn Devon LLC, GenConn Energy LLC, GenConn Middletown LLC.

    Description: Notice of Change in Status of the AVANGRID MBR Sellers.

    Filed Date: 1/14/16.

    Accession Number: 20160114-5314.

    Comments Due: 5 p.m. ET 2/4/16.

    Docket Numbers: ER12-1895-000; EL12-110-000; ER11-3657-000; EL11-64-000.

    Applicants: Entergy Services, Inc.

    Description: Entergy Services, Inc. submits tariff filing per 35.19a(b): Refund Report to be effective N/A.

    Filed Date: 1/14/16.

    Accession Number: 20160114-5336.

    Comments Due: 5 p.m. ET 2/4/16.

    Docket Numbers: ER15-762-006; ER15-760-005; ER15-1579-004; ER 15-1582-005; ER15-1914-006; ER15-1896-004.

    Applicants: Sierra Solar Greenworks LLC, Western Antelope Blue Sky Ranch A LLC, 67RK 8me LLC, 65HK 8me LLC, 87RL 8me LLC, Eden Solar, LLC.

    Description: Notice of Non-Material Change in Status of Sierra Solar Greenworks LLC, et. al.

    Filed Date: 1/14/16.

    Accession Number: 20160114-5315.

    Comments Due: 5 p.m. ET 2/4/16.

    Docket Numbers: ER16-731-000.

    Applicants: Green Country Energy, LLC.

    Description: Market-Based Triennial Review Filing: Green Country Energy Triennial MBR Update in Docket No. ER10-3063 to be effective 3/14/2016.

    Filed Date: 1/14/16.

    Accession Number: 20160114-5363.

    Comments Due: 5 p.m. ET 3/14/16.

    Docket Numbers: ER16-732-000.

    Applicants: Consolidated Edison Company of New York, Inc.

    Description: § 205(d) Rate Filing: Surcharge—Targeted Demand Management Program and Demo Projects to be effective 1/15/2016.

    Filed Date: 1/14/16.

    Accession Number: 20160114-5378.

    Comments Due: 5 p.m. ET 2/4/16.

    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: January 14, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-01114 Filed 1-20-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14558-001] KC Lake Hydro LLC; Notice of Surrender of Preliminary Permit

    Take notice that KC Lake Hydro LLC (KC Hydro) filed a letter on January 7, 2016, describing its decision to abandon the preliminary permit for the proposed North Hadley Lake Warner Dam Hydropower Project.1 The permit was issued on June 26, 2014, and would have expired on May 31, 2017.2 The project would have been located at the outlet of Lake Warner, on the Mill River, near the Town of North Hadley, Hampshire County, Massachusetts.

    1 While not explicitly stated, KC Hydro's filing constitutes a request to surrender its preliminary permit.

    2 147 FERC ¶ 62,236 (2014).

    The preliminary permit for Project No. 14558 will remain in effect until the close of business, February 13, 2016. But, if the Commission is closed on this day, then the permit remains in effect until the close of business on the next day in which the Commission is open.3 New applications for this site may not be submitted until after the permit surrender is effective.

    3 18 CFR 385.2007(a)(2) (2015).

    Dated: January 14, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-01122 Filed 1-20-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14702-000] Twain Resources, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications

    On August 25, 2015, Twain Resources, LLC, filed an application for a preliminary permit, pursuant to section 4(f) of the Federal Power Act (FPA), proposing to study the feasibility of the Scheelite Water Power Project (Scheelite Project or project) to be located along Pine Creek, near the City of Bishop, in Inyo County, California. The sole purpose of a preliminary permit, if issued, is to grant the permit holder priority to file a license application during the permit term. A preliminary permit does not authorize the permit holder to perform any land-disturbing activities or otherwise enter upon lands or waters owned by others without the owners' express permission.

    The proposed project would consist of the following: (1) An intake receiving the water discharge from the Tungstar Redux Water Power Project; (2) an18-inch-diameter, approximately 6,500-foot-long steel penstock, conveying water to; (3) a powerhouse containing a single 810-kilowatt impulse turbine and an 840 kilovolt-ampere generator; (4) a new substation at the powerhouse; (5) an approximately 600-foot-long, 12-kilovolt (kV) transmission line connecting the substation to a 12-kV California Edison-owned transmission line; and (6) appurtenant facilities. The estimated annual generation of the Scheelite Project would be 4,860 megawatt-hours.

    Applicant Contact: Mr. Doug Hicks, 280 Floreca Way, Reno, Nevada 89511, phone (775) 997-3429.

    FERC Contact: Joseph Hassell; phone: (202) 502-8079.

    Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Competing applications and notices of intent must meet the requirements of 18 CFR 4.36.

    The Commission strongly encourages electronic filing. Please file comments, motions to intervene, notices of intent, and competing applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number P-14702-000.

    More information about this project, including a copy of the application, can be viewed or printed on the “eLibrary” link of Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-14702) in the docket number field to access the document. For assistance, contact FERC Online Support.

    Dated: January 14, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-01123 Filed 1-20-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2533-059] City of Brainerd Public Utility Commission; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:

    a. Type of Application: Application to amend license.

    b. Project No.: 2533-059.

    c. Date Filed: August 5, 2015.

    d. Applicant: City of Brainerd Public Utility Commission.

    e. Name of Project: Brainerd Hydroelectric Project.

    f. Location: The project is located on the Mississippi River in Crow Wing County, Minnesota.

    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.

    h. Applicant Contact: Mr. Scott Magnuson, Superintendent, Brainerd Public Utilities, 8027 Highland Scenic Rd., P.O. Box 373, Brainerd, MN 56401 (218) 825-3213.

    i. FERC Contact: Mr. Steven Sachs, (202) 502-8666, or [email protected]

    j. Deadline for filing comments, motions to intervene, protests, and recommendations is 30 days from the date of issuance of this notice. The Commission strongly encourages electronic filing. Please file motions to intervene, protests, comments, or recommendations using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. Please include the project number (P-2533-059) on any comments, motions to intervene, protests, or recommendations filed.

    k. Description of Request: The applicant proposes to add a sixth, 600-kilowatt axial flow modular turbine/generator unit into a bay currently occupied by a non-functional, unlicensed, double-runner Francis turbine within the powerhouse. Installing the new unit would not change project operation and would not require any significant construction or modification to the existing civil works at the project.

    l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street NE., Room 2A, Washington, DC 20426, or by calling (202) 502-8371. This filing may also be viewed on the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or email [email protected], for TTY, call (202) 502-8659. A copy is also available for inspection and reproduction at the address in item (h) above.

    m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

    n. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

    o. Filing and Service of Responsive Documents: Any filing must (1) bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE” as applicable; (2) set forth in the heading, the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, motions to intervene, or protests must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). All comments, motions to intervene, or protests should relate to project works which are the subject of the license amendment. Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. If an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: January 14, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-01121 Filed 1-20-16; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9941-00-OW] National Coastal Condition Assessment 2010 AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of availability.

    SUMMARY:

    This notice announces the availability of the final National Coastal Condition Assessment (NCCA) 2010. The NCCA describes the results of a nationwide coastal probabilistic survey that was conducted in the summer of 2010 by the Environmental Protection Agency (EPA) and its state, tribal, and federal partners. Results include estimates of coastal area with good, fair, and poor biological quality, water quality, sediment quality, and ecological fish tissue quality. Results are presented nationally and regionally for the Northeast, Southeast, Gulf of Mexico, West, and Great Lakes coasts. The NCCA 2010 also includes information on how the survey was implemented, and future actions and challenges.

    FOR FURTHER INFORMATION CONTACT:

    Hugh Sullivan, Office of Wetlands, Oceans and Watersheds, Office of Water, Washington DC Phone: 202-564-1763; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. General Information

    To better answer questions about the condition of waters across the country, EPA and its state and tribal partners have embarked on a series of surveys under the National Aquatic Resource Surveys (NARS) program. The NCCA 2010 is the most recent in this series of surveys. The key goals of the NCCA 2010 are to describe the ecological condition of the nation's coastal and Great Lakes nearshore waters, how those conditions are changing, and the key stressors affecting those waters. An important component of the NCCA is collaboration with state, tribal, and federal partners in developing new monitoring tools and analytical approaches and in advancing the science of coastal monitoring. The survey uses a statistical design to sample 1,104 randomly-selected sites that represent the condition of the larger population of coastal waters in the conterminous United States. This is the first time the nearshore waters of the Great Lakes have been included in a national statistically-based survey.

    The report finds that more than half of the nation's coastal and Great Lakes nearshore waters are rated in good condition for biological and sediment quality, while about one third are rated in good condition for water quality and less than one percent are rated in good condition based on the potential harm that fish tissue contaminants pose to predator fish, birds, and wildlife. Excessive phosphorus is the greatest contributor to the poor water quality rating. Selenium is the greatest contributor to the poor rating for potential harm to predator fish, birds and wildlife from fish tissue contaminants. The draft report has undergone peer, state and EPA review.

    A. How can I get copies of the NCCA 2010 and other related information?

    You may access the NCCA 2010 from EPA's Web site at http://www.epa.gov/national-aquatic-resource-surveys/ncca.

    Dated: January 13, 2016. Joel Beauvais, Deputy Assistant Administrator, Office of Water.
    [FR Doc. 2016-01152 Filed 1-20-16; 8:45 am] BILLING CODE 6560-50-P
    FARM CREDIT SYSTEM INSURANCE CORPORATION Regular Meeting AGENCY:

    Farm Credit System Insurance Corporation Board.

    SUMMARY:

    Notice is hereby given of the regular meeting of the Farm Credit System Insurance Corporation Board (Board).

    DATE AND TIME:

    The meeting of the Board will be held at the offices of the Farm Credit Administration in McLean, Virginia, on January 28, 2016, from 9:30 a.m. until such time as the Board concludes its business.

    FOR FURTHER INFORMATION CONTACT:

    Dale L. Aultman, Secretary to the Farm Credit System Insurance Corporation Board, (703) 883-4009, TTY (703) 883-4056.

    ADDRESSES:

    Farm Credit System Insurance Corporation, 1501 Farm Credit Drive, McLean, Virginia 22102. Submit attendance requests via email to [email protected] See SUPPLEMENTARY INFORMATION for further information about attendance requests.

    SUPPLEMENTARY INFORMATION:

    This meeting of the Board will be open to the public (limited space available). Please send an email to [email protected] at least 24 hours before the meeting. In your email include: Name, postal address, entity you are representing (if applicable), and telephone number. You will receive an email confirmation from us. Please be prepared to show a photo identification when you arrive. If you need assistance for accessibility reasons, or if you have any questions, contact Dale L. Aultman, Secretary to the Farm Credit System Insurance Corporation Board, at (703) 883-4009. The matters to be considered at the meeting are:

    Open Session A. Approval of Minutes • December 10, 2015 B. New Business • Review of Insurance Premium Rates • Policy Statement Concerning Alternative Means of Dispute Resolution • Policy Statement Concerning Appraisals Dated: January 14, 2016. Dale L. Aultman, Secretary, Farm Credit System Insurance Corporation Board.
    [FR Doc. 2016-01048 Filed 1-20-16; 8:45 am] BILLING CODE 6710-01-P
    FEDERAL COMMUNICATIONS COMMISSION [DA 16-40] Consumer Advisory Committee AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission announces the next meeting date, time, and agenda of its Consumer Advisory Committee (hereinafter the Committee). The mission of the Committee is to make recommendations to the Commission regarding consumer issues within the jurisdiction of the Commission and to facilitate the participation of consumers (including underserved populations, such as Native Americans, persons living in rural areas, older persons, people with disabilities, and persons for whom English is not their primary language) in proceedings before the Commission.

    DATES:

    February 5, 2016, 9:00 a.m. to 4:00 p.m.

    ADDRESSES:

    Federal Communications Commission, Commission Meeting Room TW-C305, 445 12th Street SW., Washington, DC 20554.

    FOR FURTHER INFORMATION CONTACT:

    Scott Marshall, Consumer and Governmental Affairs Bureau, (202) 418-2809 (voice or Relay), or email [email protected]

    SUPPLEMENTARY INFORMATION:

    This is a summary of the Commission's document DA 16-40, released January 13, 2016, announcing the Agenda, Date, and Time of the Committee's Next Meeting.

    Meeting Agenda

    At its February 5, 2016 meeting, the Committee is expected to consider a recommendation regarding the modernization of the Lifeline program to include broadband services and to improve administration presented by its Universal Services Working Group. The Committee will receive briefings from Commission staff and/or outside speakers on issues of interest to the Committee. A limited amount of time will be available for comments from the public. If time permits, the public may ask questions of presenters via the email address [email protected] or via Twitter using the hashtag #fcclive. The public may also follow the meeting on [email protected] or via the Commission's Facebook page at www.facebook.com/fcc. Alternatively, members of the public may send written comments to: Scott Marshall, Designated Federal Officer of the Committee at the address provided below.

    The meeting is open to the public and the site is fully accessible to people using wheelchairs or other mobility aids. Sign language interpreters, open captioning, assistive listening devices, and Braille copies of the agenda and committee roster will be provided on site. Meetings of the Committee are also broadcast live with open captioning over the Internet from the FCC Live Web page at www.fcc.gov/live/. Other reasonable accommodations for people with disabilities are available upon request. The request should include a detailed description of the accommodation needed and contact information. Please provide as much advance notice as possible; last minute requests will be accepted, but may not be possible to fill. To request an accommodation, send an email to [email protected] or call the Consumer and Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).

    Federal Communications Commission. Alison Kutler, Acting Chief, Consumer and Governmental Affairs Bureau.
    [FR Doc. 2016-01157 Filed 1-20-16; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Sunshine Act Meeting

    Pursuant to the provisions of the “Government in the Sunshine Act” (5 U.S.C. 552b), notice is hereby given that the Federal Deposit Insurance Corporation's Board of Directors will meet in open session at 10:00 a.m. on Thursday, January 21, 2016, to consider the following matters:

    Discussion Agenda

    Memorandum and resolution re: Notice of Proposed Rulemaking on Deposit Insurance Assessments for Small Banks.

    The meeting will be held in the Board Room located on the sixth floor of the FDIC Building located at 550 17th Street NW., Washington, DC.

    This Board meeting will be Webcast live via the Internet and subsequently made available on-demand approximately one week after the event. Visit https://fdic.primetime.mediaplatform.com/#!/channel/1232003497484/Board+Meetings to view the event. If you need any technical assistance, please visit our Video Help page at: http://www.fdic.gov/video.html.

    The FDIC will provide attendees with auxiliary aids (e.g., sign language interpretation) required for this meeting. Those attendees needing such assistance should call 703-562-2404 (Voice) or 703-649-4354 (Video Phone) to make necessary arrangements.

    Requests for further information concerning the meeting may be directed to Mr. Robert E. Feldman, Executive Secretary of the Corporation, at 202-898-7043.

    Dated: January 14, 2016. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2016-01244 Filed 1-19-16; 4:15 pm] BILLING CODE P
    FEDERAL ELECTION COMMISSION Sunshine Act Meeting AGENCY:

    Federal Election Commission.

    DATE AND TIME:

    Tuesday, January 26, 2016 at 10:00 a.m.

    PLACE:

    999 E Street NW., Washington, DC.

    STATUS:

    This meeting will be closed to the public.

    ITEMS TO BE DISCUSSED:

    Compliance matters pursuant to 52 U.S.C. 30109.

    Matters concerning participation in civil actions or proceeding, or arbitration.

    PERSON TO CONTACT FOR INFORMATION:

    Judith Ingram, Press Officer, Telephone: (202) 694-1220.

    Shelley E. Garr, Deputy Secretary.
    [FR Doc. 2016-01298 Filed 1-19-16; 4:15 pm] BILLING CODE 6715-01-P
    FEDERAL MARITIME COMMISSION Notice of Agreements Filed

    The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on the agreements to the Secretary, Federal Maritime Commission, Washington, DC 20573, within twelve days of the date this notice appears in the Federal Register. Copies of the agreements are available through the Commission's Web site (www.fmc.gov) or by contacting the Office of Agreements at (202) 523-5793 or [email protected]

    Agreement No.: 011284-075.

    Title: Ocean Carrier Equipment Management Association Agreement.

    Parties: Alianca Navegacao e Logistica Ltda.; APL Co. Pte Ltd.; American President Lines, Ltd.; A.P. Moller-Maersk A/S; CMA CGM, S.A.; Atlantic Container Line; China Shipping Container Lines Co., Ltd; China Shipping Container Lines (Hong Kong) Co., Ltd.; COSCO Container Lines Company Limited; Evergreen Line Joint Service Agreement; Hamburg-Süd; Hapag-Lloyd AG; Hapag-Lloyd USA LLC; Ltd.; Hyundai Merchant Marine Co. Ltd.; Kawasaki Kisen Kaisha, Ltd.; Mediterranean Shipping Company, S.A.; Mitsui O.S.K. Lines Ltd.; Nippon Yusen Kaisha Line; Orient Overseas Container Line Limited; Yang Ming Marine Transport Corp.; and Zim Integrated Shipping Services, Ltd.

    Filing Party: Jeffrey F, Lawrence, Esq. and Donald J. Kassilke, Esq.; Cozen O'Connor; 1627 I Street NW., Suite 1100, Washington, DC 20006.

    Synopsis: The amendment would add United Arab Shipping Co. as a party to the agreement and update the address of Hapag-Lloyd USA LLC. The parties have requested expedited review.

    Agreement No.: 011814-006.

    Title: HSDG/King Ocean Space Charter Agreement.

    Parties: Hamburg Sud and King Ocean Services Limited, Inc.

    Filing Party: Wayne Rohde, Esq.; Cozen O'Connor; 1200 19th Street NW., Washington, DC 20036.

    Synopsis: The amendment revises provisions relating to the sub-chartering of space.

    Agreement No.: 012235-002.

    Title: Cool Carriers/Trans Global Shipping NV West Coast Agreement.

    Parties: Cool Carriers AB and Trans Global Shipping N.V.

    Filing Party: David F. Smith, Esq.; Cozen O'Connor; 1627 I Street NW., Suite 1100, Washington, DC 20006.

    Synopsis: The amendment removes CSVV as a party to the agreement and makes related conforming changes.

    Agreement No.: 012362-001.

    Title: Hoegh/SC Line Space Charter Agreement.

    Parties: Hoegh Autoliners AS and SC Line S.A.

    Filing Party: Wayne Rohde, Esq.; Cozen O'Connor; 1200 19th Street NW., Washington, DC 20036.

    Synopsis: The amendment adds Panama and Colombia to the geographic scope of the agreement and makes the agreement bi-directional. The amendment also changes the name of the agreement and restates the agreement.

    Agreement No.: 012383.

    Title: Hyundai Glovis/Eukor Space Charter Agreement.

    Parties: Hyundai Glovis Co. Ltd and Eukor Car Carriers Inc.

    Filing Party: Wayne R. Rohde, Esq.; Cozen O'Connor; 1200 Nineteenth Street NW., Washington, DC 20036.

    Synopsis: The agreement authorizes Hyundai Glovis to charter space to Eukor from the U.S. East Coast to Nigeria.

    Agreement No.: 012384.

    Title: Hyundai Glovis/Hoegh Space Charter Agreement.

    Parties: Hyundai Glovis Co. Ltd and Hoegh Autoliners AS.

    Filing Party: Wayne R. Rohde, Esq.; Cozen O'Connor; 1200 Nineteenth Street NW., Washington, DC 20036.

    Synopsis: The agreement authorizes Hoegh to charter space to Hyundai in the trade from Korea to the U.S. East Coast.

    Agreement No.: 012385.

    Title: K-Line/Liberty Global Logistics LLC Agreement.

    Parties: Kawasaki Kisen Kaisha, Ltd.; and Liberty Global Logistics LLC.

    Filing Party: John P. Meade, Esq.; General Counsel; K- Line America, Inc.; 6199 Bethlehem Road, Preston, MD 21655.

    Synopsis: The agreement would authorize the parties to discuss non-rate operational matters worldwide.

    By Order of the Federal Maritime Commission.

    Dated: January 15, 2016. Rachel E. Dickon, Assistant Secretary.
    [FR Doc. 2016-01160 Filed 1-20-16; 8:45 am] BILLING CODE P
    FEDERAL RESERVE SYSTEM Proposed Agency Information Collection Activities; Comment Request AGENCY:

    Board of Governors of the Federal Reserve System.

    SUMMARY:

    On June 15, 1984, the Office of Management and Budget (OMB) delegated to the Board of Governors of the Federal Reserve System (Board) its approval authority under the Paperwork Reduction Act (PRA), to approve of and assign OMB numbers to collection of information requests and requirements conducted or sponsored by the Board. Board-approved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the PRA Submission, supporting statements and approved collection of information instruments are placed into OMB's public docket files. The Federal Reserve may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB number.

    FOR FURTHER INFORMATION CONTACT:

    Federal Reserve Board Clearance Officer—Nuha Elmaghrabi—Office of the Chief Data Officer, Board of Governors of the Federal Reserve System, Washington, DC 20551 (202) 452-3829. Telecommunications Device for the Deaf (TDD) users may contact (202) 263-4869, Board of Governors of the Federal Reserve System, Washington, DC 20551.

    OMB Desk Officer—Shagufta Ahmed—Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10235, 725 17th Street NW., Washington, DC 20503.

    Final approval under OMB delegated authority of the extension for three years, with revision, of the following information collection:

    Report title: Capital Assessments and Stress Testing information collection.

    Agency form number: FR Y-14A/Q/M.

    OMB control number: 7100-0341.

    Effective Dates: December 31, 2015, June 30, 2016 and September 30, 2016.

    Frequency: Annually, semi-annually, quarterly, and monthly.

    Respondents: Any top-tier bank holding company (BHC) (other than a foreign banking organization), that has $50 billion or more in total consolidated assets, as determined based on: (i) The average of the BHC's total consolidated assets in the four most recent quarters as reported quarterly on the BHC's Consolidated Financial Statements for Bank Holding Companies (FR Y-9C) (OMB No. 7100-0128); or (ii) the average of the BHC's total consolidated assets in the most recent consecutive quarters as reported quarterly on the BHC's FR Y-9Cs, if the BHC has not filed an FR Y-9C for each of the most recent four quarters. Reporting is required as of the first day of the quarter immediately following the quarter in which it meets this asset threshold, unless otherwise directed by the Federal Reserve.

    Estimated annual reporting hours: FR Y-14A: Summary, 65,142 hours; Macro scenario, 2,046 hours; Operational Risk, 396 hours; Regulatory capital transitions, 759 hours; Regulatory capital instruments, 660 hours; Retail repurchase, 1,320 hours; and Business plan changes, 330 hours. FR Y-14Q: Securities, 1,716 hours; Retail, 2,112 hours; Pre-provision net revenue (PPNR), 93,852 hours; Wholesale, 20,064 hours; Trading, 69,336 hours; Regulatory capital transitions, 3,036 hours; Regulatory capital instruments, 6,864 hours; Operational risk, 6,600 hours; Mortgage Servicing Rights (MSR) Valuation, 1,152 hours; Supplemental, 528 hours; and Retail Fair Value Option/Held for Sale (Retail FVO/HFS), 1,408 hours; Counterparty, 18,288 hours; and Balances, 2,112 hours; FR Y-14M: 1st lien mortgage, 173,040 hours; Home equity, 166,860 hours; and Credit card, 110,160 hours. FR Y-14 On-going automation revisions, 15,840 hours. FR Y-14 Attestation implementation, 43,200 hours; and On-going audit and review, 23,040 hours.

    Estimated average hours per response: FR Y-14A: Summary, 987 hours; Macro scenario, 31 hours; Operational Risk, 12 hours; Regulatory capital transitions, 23 hours; Regulatory capital instruments, 20 hours; Retail Repurchase, 20 hours; and Business Plan Changes, 10 hours. FR Y-14Q: Securities, 13 hours; Retail, 16 hours; PPNR, 711 hours; Wholesale, 152 hours; Trading, 1,926 hours; Regulatory capital transitions, 23 hours; Regulatory capital instruments, 52 hours; Operational risk, 50 hours; MSR Valuation, 24 hours; Supplemental, 4 hours; and Retail FVO/HFS, 16 hours; Counterparty, 508 hours; and Balances, 16 hours; FR Y-14M: 1st lien mortgage, 515 hours; Home equity, 515 hours; and Credit card, 510 hours. FR Y-14 On-Going automation revisions, 480 hours. FR Y-14 Attestation Implementation, 4,800 hours; and On-going audit and review, 2,560 hours.

    Number of respondents: 33.

    General description of report: The FR Y-14 series of reports are authorized by section 165 of the Dodd-Frank Act, which requires the Federal Reserve to ensure that certain BHCs and nonbank financial companies supervised by the Federal Reserve are subject to enhanced risk-based and leverage standards in order to mitigate risks to the financial stability of the United States (12 U.S.C. 5365). Additionally, section 5 of the Bank Holding Company Act authorizes the Federal Reserve to issue regulations and conduct information collections with regard to the supervision of BHCs (12 U.S.C. 1844).

    As these data are collected as part of the supervisory process, they are subject to confidential treatment under exemption 8 of the Freedom of Information Act (FOIA) (5 U.S.C. 552(b)(8)). In addition, commercial and financial information contained in these information collections may be exempt from disclosure under exemption 4 of FOIA (5 U.S.C. 552(b)(4)), if disclosure would likely have the effect of (1) impairing the government's ability to obtain the necessary information in the future, or (2) causing substantial harm to the competitive position of the respondent. Such exemptions would be made on a case-by-case basis.

    Though the Federal Reserve intends to share the information collected under the FR Y-14 with the Department of Treasury's Office of Financial Research, such sharing shall not be deemed a waiver of any privilege applicable to such information, including but not limited to any confidential status (12 U.S.C. 1821(t); 12 U.S.C. 1828(x)).

    Abstract: The data collected through the FR Y-14A/Q/M schedules provide the Federal Reserve with the additional information and perspective needed to help ensure that large BHCs have strong, firm‐wide risk measurement and management processes supporting their internal assessments of capital adequacy and that their capital resources are sufficient given their business focus, activities, and resulting risk exposures. The annual Comprehensive Capital Analysis and Review (CCAR) exercise is also complemented by other Federal Reserve supervisory efforts aimed at enhancing the continued viability of large BHCs, including continuous monitoring of BHCs' planning and management of liquidity and funding resources and regular assessments of credit, market and operational risks, and associated risk management practices. Information gathered in this data collection is also used in the supervision and regulation of these financial institutions. In order to fully evaluate the data submissions, the Federal Reserve may conduct follow up discussions with or request responses to follow up questions from respondents, as needed.

    The Capital Assessments and Stress Testing information collection consists of the FR Y-14A, Q, and M reports. The semi-annual FR Y-14A collects information on the stress tests conducted by BHCs, including quantitative projections of balance sheet, income, losses, and capital across a range of macroeconomic scenarios, and qualitative information on methodologies used to develop internal projections of capital across scenarios.1 The quarterly FR Y-14Q and the monthly FR Y-14M are used to support supervisory stress test models and for continuous monitoring efforts. The quarterly FR Y-14Q collects granular data on BHCs' various asset classes, including loans, securities and trading assets, and PPNR for the reporting period. The monthly FR Y-14M comprises three retail loan- and portfolio-level collections, and one detailed address matching collection to supplement two of the portfolio and loan-level collections.

    1 BHCs that must re-submit their capital plan generally also must provide a revised FR Y-14A in connection with their resubmission.

    Current Actions: On September 16, 2015, the Federal Reserve published a notice in the Federal Register (80 FR 55621) requesting public comment for 60 days on the extension, with revision, of the FR Y-14A/Q/M. The Federal Reserve proposed to revise several schedules of the FR Y 14A/Q/M reports effective December 31, 2015, March 31, 2015 and June 30, 2016, and to implement an attestation requirement for LISSC firms as-of June 30, 2016. The comment period for this notice expired on November 16, 2015.

    The Board received two comment letters addressing the proposed changes: One from the Financial Services Roundtable, and one from The Clearing House, the Institute of International Bankers, the American Bankers Association, and the Securities Industry and Financial Markets Association. Comments focused on the scope and timing of the proposed attestation requirement, and the timing of proposed modifications to existing items or schedules, in particular the FR Y-14Q Wholesale schedules (Schedule H.1 and H.2). Commenters requested clarification of the instructions for proposed or existing items, or were technical in nature. Responses to these comments are addressed in the attached draft FR Y-14A/Q/M reporting forms and instructions.

    The Federal Reserve also received several comments not directly related to the proposed revisions to the FR Y-14 information collection regarding (1) challenges with the frequency and timing of changes, (2) the Frequently Asked Questions (FAQ) process, (3) technical instructions and data submission processes, (4) edit checks and (5) estimate of reporting burden. Although not specifically addressed herein, these comment letters, well as feedback provided in meetings with both individual respondents and industry groups, have assisted the Federal Reserve's effort to continually improve its internal processes and practices. The following section includes a detailed discussion of aspects of the proposed FR Y-14 collection for which the Federal Reserve received substantive comments and an evaluation of, and responses to the comments received.

    Detailed Discussion of Public Comments A. General Comments

    In general, commenters expressed concern with the timing of the proposed changes. Specifically commenters stated there was not sufficient time to undertake the changes necessary to implement the proposed revisions and develop appropriate processes and procedures surrounding the attestation requirement. One commenter recommended that the Federal Reserve provide a minimum of sixth months between the finalization of reporting and technical requirements and the effective date of proposed changes to the FR Y-14A/Q/M reports in order for respondents to adhere to standard software development life cycles.

    In response to these comments, the final FR Y-14 regulatory report (final FR Y-14) delays the effective date for nearly all proposed changes to reports with a June 30, 2016, as-of date, as detailed in the schedule-specific sections below. This extension provides respondents with approximately six months to make needed system changes. In addition, the final FR Y-14 delays by two quarters, until September 30, 2016, the effective date of certain changes to the wholesale schedules (Schedules H.1 and H.2), as indicated in the schedule-specific section below.

    Certain changes in the final FR Y-14 would take effect beginning with the regulatory reports that have a December 31, 2015, as-of date. These changes include the shift in the FR Y-14A as-of date, from September 30 to December 31, in accordance with modifications to the capital plan and stress test rules; formalization of the FR Y-14Q Business Plan Changes schedule as a regulatory report (rather than as a case-by-case supervisory collection of information); elimination of the FR Y-14Q Securities B.2 sub-schedule, and removal of certain items related to tier 1 common capital.2 These changes align the FR Y-14 reports with changes in the final capital rule that the Board recently approved, better align regulatory reporting requirements with other existing requirements, reduce burden, or formalize information collections that are already reported as part of the supervisory process. In light of the limited comment on, and limited impact of, these proposed changes, they will be implemented, as proposed, with a December 31, 2015, as-of date.

    2See 79 Federal Register 64026 (October 27, 2014); 80 Federal Register 75419 (December 2, 2015).

    In response to the Federal Reserve's solicitation for feedback regarding burden associated with the FR Y-14A/Q/M, one commenter suggested that the estimates of reporting burden are substantially lower than a good-faith estimate provided by a sample of reporting firms. The commenter outlined the type of effort and resources, and associated burden required to file the FR Y-14A/Q/M reports and offered to engage in further discussion with the Federal Reserve regarding burden estimates. Burden estimates are based on a schedule by schedule calculation while the estimates provided by the commenter are aggregated. This difference makes it difficult to modify the proposed burden estimates without more detailed information from the commenter. For these reasons, the burden estimates remain the same as proposed.

    Commenters also suggested several improvements to the current FAQ process, including providing status on a real time basis, establishing a searchable repository, distributing more frequently, and setting a standard schedule for responding to questions. The Federal Reserve is continually working to improve the FAQ process. As part of these ongoing efforts the Federal Reserve recently implemented a new FAQ system to enhance the Federal Reserve's ability to track and respond to questions. The new system will allow for more insight into the status of FAQs and help ensure more consistent timing on responses. In addition, similar to the effort undertaken in 2013,3 the Federal Reserve incorporated all relevant historical FAQs into the final instructions associated with this proposal. The Federal Reserve will continue to incorporate relevant comments and questions related to the FR Y-14 into the instructions on a regular basis.

    3See 78 Federal Register 59934.

    In the proposal, the Federal Reserve notified respondents of the intent to share FR Y-14 data sets with the Office of Financial Research (OFR). One commenter recommended that the OFR publish aggregate summaries of the data so reporting companies, and the public, can gain insights into industry trends and developments.

    B. Attestation

    Commenters generally expressed concerns about specific elements of the proposed attestation requirement for the FR Y-14 submission and, in particular, the timing necessary to meet the proposed requirements.

    Both commenters argued that the proposed effective date of June 30, 2016, would not provide sufficient time to implement several of the proposed attestation requirements. However, one commenter agreed that it would be practical and appropriate for respondents to provide an attestation as to conformance with the FR Y-14 instructions by June 30, 2016, subject to the specific recommendations in the commenter's letter. Both commenters indicated that additional time was needed to adapt to The Committee of Sponsoring Organizations (COSO)-based framework, including materially supplementing and/or modifying existing systems and processes, and establishing policies, documentation, and certification frameworks. One commenter pointed out that, although some respondents may be able to leverage parts of their existing control infrastructure required under the Sarbanes-Oxley Act of 2002 (Sarbanes-Oxley), the scope and level of data granularity on the FR Y-14 forms is substantially larger than what is required under Sarbanes-Oxley and therefore beyond the capability of most firms. Finally, one commenter noted that the implementation of the various attestation requirements would require a significant investment in firm personnel, management, and compliance and information technology resources, and additional time for implementation would allow for more deliberate expansion and upgrade of existing processes and systems to support the attestation.

    In light of the above, both commenters suggested alternative implementation timelines. One commenter noted that a major consulting firm estimated it would take a company 15 months to implement the controls necessary to assess risk information. The other commenter suggested a phased-in implementation approach, which would provide respondents additional time to make the more substantial alterations to existing systems and processes necessary to support certain components of the proposed attestation. The phased in approach would involve: (i) An attestation solely regarding compliance with the FR Y-14 instructions effective as of June 30, 2016, which is the same timeframe as in the proposal; (ii) an incremental requirement for respondents to demonstrate as part of the supervisory process, by April 2017, that a framework has been put in place to identify, test, and independently validate key control activities to support these attestations; and (iii) an attestation regarding the effectiveness of internal controls and to the material correctness of data as of April 2018.

    In addition, one commenter indicated that the proposal appeared to require attestation to internal controls with each annual, quarterly and monthly FR Y-14 report submission, but that doing so would not be feasible at that frequency. The commenter suggested that the effectiveness of internal controls be limited to annual submissions on the FR Y-14A.

    The Federal Reserve recognized in the initial Federal Register notice the time needed for LISCC firms to “enhance certain systems and processes” and “modify internal control frameworks and data governance committees.” In response to comments and in order to allow additional time for respondents to put internal controls processes and frameworks in place and complete testing of these processes and frameworks, the initial attestation requirement in the final Y-14 will be delayed until reports with a December 31, 2016, as-of date. In addition, in connection with the initial attestation and to allow time for respondents to develop and test their internal control systems, the initial attestation will relate solely to the effectiveness of internal controls over submissions as of December 31, 2016, rather than with respect to submissions throughout the year. Effective for the monthly, quarterly, and semi-annual FR Y-14 reports submitted as of January 31, 2017, and thereafter, respondents will attest to conformance with the FR Y-14 instructions and to the material correctness of data to the best of the respondent's knowledge, and agree to report material weaknesses and any material errors in the data as they are identified starting January 1, 2017. Effective December 31, 2017, and for all future reporting periods, a respondent's attestation as to the effectiveness of internal controls will be with regard to FR Y-14 submissions filed throughout the year.

    To clarify the timing of these staggered attestation requirements, the final Y-14 includes three separate attestation cover pages. First, as indicated, with respect to the monthly, quarterly, and annual FR Y-14 reports with a December 31, 2016, as-of date, respondents will attest to internal controls around the reports submitted as of that date. Second, effective for the monthly, quarterly, and semi-annual FR Y-14 reports submitted beginning January 31, 2017, and thereafter, respondents will attest on a separate cover page to the respondent's conformance with the FR Y-14 instructions and to the material correctness of data to the best of the respondent's knowledge, and agree to report material weaknesses and any material errors in the data as they are identified starting January 1, 2017. Third and finally, effective for reports with a December 31, 2017, as-of date and for all future FR Y-14 submissions as of December 31 of a calendar year, the initial December 31, 2016, cover page will be replaced by a new cover page that will be submitted annually and will include an attestation to the effectiveness of internal controls around the annual FR Y-14A submission and around the FR Y-14Q/M reports that are submitted throughout the year.

    Commenters suggested various modifications to the attestation requirement and associated attestation language. One commenter noted that the proposal indicates that the Federal Reserve would not expect to penalize a firm for incorrect reporting where there has been a good faith effort to reasonably interpret the instructions or seek input on a question or interpretation from the Federal Reserve and requested that similar qualifying language be added to the attestation form. The final FR Y-14 includes these revisions to the attestation form.

    Under the proposal, the firm's CFO would have been required to attest to the internal controls over the reporting of actual data as-of the reporting period. A commenter noted that internal controls over financial reporting and risk management data are the joint responsibility of senior management and that the CFO is not individually responsible for internal controls over the reporting of FR Y-14 data. The commenter suggested that the attestation form be modified to indicate that the CFO attests that senior management is responsible for the internal controls over the reporting of the FR Y-14 data. In response, the final FR Y-14 incorporates this modification to the attestation form.

    Both commenters addressed the definition of materiality in the attestation language. One commenter expressed concern with the absence of a definition of “materiality” which inherently requires each respondent to make an individual determination on materiality. The other commenter requested that the Federal Reserve confirm that respondents would be expected to develop materiality policies based on their own capital plan submission. The Federal Reserve does not generally define materiality within the FR Y-14 reports.

    Furthermore, outlining materiality for specific respondents would not be feasible. As stated in the Federal Register for the proposal, a BHC would be required to have a policy for determining materiality in the context of quantitative and qualitative considerations for their firm. Accordingly, the final FR Y-14 includes the proposed definition of materiality without change.

    One commenter requested that the Federal Reserve make attestation requirements applicable to the intermediate holding company (IHC) subsidiaries of LISCC foreign banking organizations (FBOs) no earlier than April 2018. On February 18, 2014, the Board adopted a final rule implementing enhanced prudential standards for FBOs,4 which, among other things, requires an FBO with U.S. non-branch assets of greater than $50 billion to establish a U.S. IHC by July 1, 2016, to which it must transfer its entire ownership interest in all U.S. BHCs, U.S. insured depository institutions, and U.S. subsidiaries.5 The commenter expressed concern that the timing of the implementation of the attestation requirement would be particularly challenging for FBOs currently restructuring to complete the formation of their IHC. Currently, the Board has not proposed reporting requirements for IHCs, which, as noted in the preamble to the final rule implementing enhanced prudential standards for FBOs, would be addressed at a later date.

    4 79 Federal Register 17239 (March 27, 2014).

    5See 12 CFR 252.153.

    At such time as the Board proposes reporting requirements for IHCs, the Federal Reserve expects to invite comment through a notice and comment process, and would evaluate the particular circumstances and challenges surrounding IHC formation vis-à-vis the full spectrum of Board regulatory reporting requirements. The Federal Reserve does, however, reiterate that the attestation requirement applies to LISCC firms.

    C. Schedule Specific Comments FR Y-14A Schedules A.1.c.1 (General RWA) and A.1.d. (Capital)

    Related to the proposed modifications to the collection in accordance with revisions to the capital plan and stress test rules, specifically elimination of the use of the tier 1 common ratio, one commenter noted that as of the end of the comment period, the changes to the capital plan and stress test rules had not yet been finalized and asked that the Federal Reserve reflect any changes in the final release of the FR Y-14 forms. On November 25, 2015, the Board approved the final rule to modify the capital plan and stress test rules. Accordingly, and in response to the comment, the final FR Y-14 removes items relating to the reporting of “tier 1 common capital” as proposed from the following schedules in order to align with the final rule: FR Y-14A General RWA (Schedule A.1.c.1), Standardized RWA (Schedule A.1.c.2), Capital (Schedule A.1.d), Regulatory Capital Transitions (Schedule D.4), Regulatory Capital Instruments (RCI, Schedule C), and the FR Y-14Q Regulatory Capital Transitions (Schedule D.4) and Regulatory Capital Instruments (Schedule C).6

    6 Effective January 1, 2016, tier 1 common capital has been removed from the Board's capital plan rule (12 CFR 225.8). See 80 Federal Register 75419 (December 2, 2015).

    Both commenters supported the removal of items related to tier 1 capital consistent with the rule, however recommended removing the items from the technical instructions in order to limit the number of edit checks respondents are required to respond to, rather than keeping these items in the technical instructions as proposed. The Federal Reserve recognizes the burden of responding to edits, as well as the technical effort by both the Federal Reserve and respondents to incorporate report changes. The Federal Reserve will keep the tier 1 common capital-related items in the FR Y-14A Summary schedule (Schedule A) technical instructions in order to mitigate the operational risk of making changes as proposed; however, to address the commenters concerns and reduce the burden on respondents, edit checks on these items will be eliminated and responses will not be requested.

    Schedules A.1.c.2 (Standardized RWA) and D.4 (RCT)

    Under the proposal, the Standardized RWA (FR Y-14A, Schedule A.1.c.2) and Regulatory Capital Transitions (FR Y-14A, Schedule D.4 and FR Y-14Q, Schedule D.4) schedules would have been revised by replacing the existing market-risk weight asset portion with the relevant items from the FFIEC 102 and aligning the remaining items with the FR Y-9C Schedule HC-R Part II. Both commenters noted that the aforementioned changes were effective for the Standardized RWA schedule (FR Y-14A, Schedule A.1.c.d) as-of December 31, 2015 and for the Regulatory Capital Instruments schedules (FR Y-14A Schedule D.4, FR Y-14Q Schedule D.4) as-of June 30, 2016. They recommended that the effective dates be consistent and delayed until June 30, 2016. In response, the changes for all three schedules (FR Y-14A, A.1.c.2 (Standardized RWA), D.4 (RCT) and 14Q D.4 (RCT) will be implemented as modified below, effective June 30, 2016.

    One commenter expressed concern that these modifications would require an unnecessary level of forecasting granularity around Market Risk RWA and recommended that this level of detail not be included in the final version. The other commenter stated they had no objection to the changes as proposed. In response to the comment received, the Federal Reserve further reviewed the items proposed to be added to these schedule in alignment with the FFIEC 102. In light of these comments, the final FR Y-14 removes the requirement to report projections for certain more granular proposed items from the FR Y14A Standardized RWA (Schedule A.1.c.2) and Regulatory Capital Transitions (Schedule D.4) schedules, while retaining general alignment with the structure of the FFIEC 102 report and reporting of the actual information. These changes will be implemented as modified effective June 30, 2016.

    Schedule A.2.b (Retail Repurchase)

    Commenters expressed concern with the proposal to break out the Retail Repurchase schedule from the Summary (Schedule A) and moving the submission date in line with the quarterly schedules given the schedule contains projected data as well as actual data. The commenters were also concerned that the proposed effective date of June 30, 2016 would not allow respondents enough time to implement the necessary controls and processes required to submit the new semi-annual schedule and recommended delaying implementation an additional six months to be effective December 31, 2016. The Federal Reserve agrees that the projected data should remain part of the Summary (Schedule A) and confirms that the new FR Y-14A semi-annual schedule breaks out only the actual data from the existing Retail Repurchase schedule (Schedule A.2.b). Given the information to be collected on both schedules is already reported on the FR Y-14A, the restructuring changes only the submission date for actual not projected data, and that the submission date is more than six months out, the final FR Y-14 proceeds with this change as indicated above, effective June 30, 2016 as proposed.

    Schedule A.2.c (ASC 310-30)

    The Federal Reserve proposed eliminating this schedule effective as-of June 30, 2016. One commenter recommended that the Federal Reserve eliminate this schedule as-of December 31, 2015. The other commenter noted that although they have previously requested a six month window between the finalization of changes and effective date, it is less burdensome to remove a minor reporting item and therefore supported the change as proposed. In an effort to allow as much time as possible between finalization and the effective date for both the removal and addition of items and in support of limiting the changes effective for the December 31, 2015 as-of date, the final FR Y-14 implements this change as proposed.

    Schedule A.7.c (PPNR)

    In an effort to reduce burden, the Federal Reserve proposed aligning this schedule with the “normal environment” requirement. There were no questions or concerns on the proposed change, however one commenter requested that the Federal Reserve periodically review whether the items to be submitted are still necessary and propose removing those that are not. The Federal Reserve continues to review the FR Y-14 and propose to remove items as they are no longer necessary, as evidenced in this proposal with the removal of two schedules and other items. Upon further review, the final FR Y-14 eliminates three additional variables from the PPNR Metrics schedule (Schedule A.7.c): Merchant Banking/Private Equity—Assets Under Management (Line 27), Sales and Trading—Total Proprietary Trading Revenue (Line 29), and Investment Services—Corporate Trust Deals Administered (Line 43). In addition, a materiality threshold will be added to the investment banking metrics of the PPNR Metrics schedule to further limit the amount of detail required for many firms. The instructions will be updated to indicate that only firms who report greater than $100 million in item 15, Investment Banking, of Schedule A.7.a (PPNR Projections) should report the investment banking metrics (Lines 11 to 26) in Section A of Schedule A.7.c (PPNR Metrics). The Federal Reserve will continue to review the FR Y-14 reports for unnecessary items for potential elimination in future proposals. In addition, in response to the general request for additional time to implement changes, the effective date of all modifications to this schedule will be delayed until June 30, 2016.

    Schedule F (Business Plan Changes)

    One commenter supported the formalization of the Business Plan Changes (BPC) schedule (Schedule F), but was concerned that the BPC schedule instructions as proposed did not appear consistent with the FR Y-14A summary and did not incorporate previous FAQ guidance. The commenter also requested that clarification on the definition of “material”. The final FR Y-14 BPC instructions have been updated to identify a limited number of items on the BPC schedule which, for technical reasons, require different instructions. In addition, the final FR Y-14 instructions have been updated to include certain clarifications from the FAQ process. Finally, the requirement to report the BPC schedule is based on whether the BHC includes material business plan changes in their capital plan, as defined in the CCAR instructions. In response, the final FR Y-14 includes updates to the BPC instructions to refer BHCs to the CCAR instructions for a given year for requirements of materiality.

    FR Y-14Q

    The majority of comments received regarding the FR Y-14Q requested clarification of item definitions and will be addressed in the final instructions. Several substantive comments, particularly on the Wholesale Corporate Loan (Schedule H.1) and Commercial Real Estate (Schedule H.2) schedules, are summarized below.

    Schedule A.1-A.10 (Retail)

    Commenters requested additional information on the proposed change to the loan population on the Retail schedule. They noted that the initial notice in the Federal Register stated that the change would limit the population of the schedule to “accrual loans”, while the draft instructions indicate a BHC should “include loans and leases held for investment at amortized cost.” The language in the Federal Register Notice should have stated that the change was to “restrict the loan population of this schedule to loans held at amortized cost in order to accurately reflect the intention of the schedule and be responsive to industry comments.” This is in alignment with the language in the draft instructions. In response to the general request to provide additional time to implement changes, the effective date of this change will be delayed until the report as-of June 30, 2016.

    Schedule A.8-A.9 (Retail)

    One commenter expressed concern with the effective date of the proposal to exclude non-purpose loans for purchasing and carrying securities from this schedule as it requires changes to complex, product-specific loan tagging rules, including for loans already tagged for months in the quarter. The commenter requested that the Federal Reserve make this change effective as-of June 30, 2016. The effective date of this change, as well as the complementary changes to the FR Y-14Q Wholesale (Schedule H.1) and Balances (Schedule M) schedules until the report as-of June 30, 2016.

    Schedule C.3 (Regulatory Capital Instruments (RCI)—Issuances During the Quarter)

    Both commenters requested clarification on the intended effective date of this change and the nature of the one-time submissions. The additions and modifications will be implemented as proposed, however in response to the general request to provide additional time to implement changes, the effective date of the changes proposed for December 31, 2015 will be delayed until the report as-of June 30, 2016. As a result, all proposed changes to the RCI schedule will be effective June 30, 2016, at which time there will be one separate one-time submission of all subordinated debt instruments for the effective date. Additionally, any new respondents are required to report the one-time submission.

    Schedule D.4 (RCT)

    As with the corresponding changes to the FR Y-14A Standardized RWA (Schedule A.1.c.2) and RCT (D.4) schedules, commenters noted the inconsistent effective dates and recommended that the proposed changes to the FR Y-14Q RCT (Schedule D.4) also be effective June 30, 2016. The Federal Reserve agrees with this suggestion and the proposed changes will be made effective as-of June 30, 2016.

    As noted in regards to the FR Y-14A, one commenter expressed concern that the proposed modifications would require an unnecessary level of forecasting granularity around Market Risk RWA. Since the FR Y-14Q RCT Schedule (Schedule D.4) does not require any projected data, the changes to the FR Y-14Q RCT schedule will be implemented as proposed effective June 30, 2016.

    Schedule G (PPNR)

    One commenter noted that the Federal Reserve should not eliminate the deposit funding threshold for submission of the Net Interest Income (NII) worksheet and require all respondents to submit such schedules. Specifically, the commenter stated that requiring firms to submit the NII templates would impose undue burden and offered an alternative of only completing the banking book assets and liabilities rather than both trading book and banking book. The Federal Reserve notes that the schedule separates out specific instructions related to trading and banking book expectations and the trading line items are already required to be completed for other regulatory reporting purposes (FR Y-9C). Furthermore, the underlying NII reporting systems are already required as part of separate supervisory expectations related to interest rate risk identification. Finally, collecting this information will enhance the comparability of assets and liabilities across BHCs and promote greater consistency in supervisory evaluations. Therefore, the changes do not appear to impose unnecessary burden and the final FR Y-14 implements the revisions as proposed.

    One commenter stated that the Federal Register Notice did not indicate an effective date for the change in the NII worksheet deposit funding threshold. The other commenter added that this change will require sufficient time for newly covered firms to build reporting systems. The effective date was erroneously omitted from the proposal, and changes were intended to be proposed to be effective March 31, 2016. In response to these and the general comments on timing, the effective date of this change will be delayed until June 30, 2016.

    Schedule H.1 (Corporate Loan) and H.2 (Commercial Real Estate)

    Both commenters expressed concerns with the effective date of the changes to the Corporate Loan and CRE schedules, especially regarding the disposed loan and syndicated pipeline reporting. In particular commenters explained that respondents may need to update systems to capture and report the information required as proposed. They also noted that the non-purpose loans were proposed to be included on the Corporate Loan schedule (H.1) as-of December 31, 2015, but that the new purpose codes associated with those loans were proposed to be effective March 31, 2016 and asked that the changes be implemented concurrently. In response to the aforementioned comments and in consideration of the additional time needed to implement changes, the changes related to disposed loans and the syndicated pipeline will be effective September 30, 2016, and all other changes to the Corporate Loan and Commercial Real Estate schedules effective as-of June 30, 2016.

    Commenters requested clarification on the definition and purpose of disposed loans as it relates the expansion of the loan population and the proposed Disposition Flag field. Specifically, they questioned whether facility information should be reported as-of the disposition date and if that means capturing balances and data prior to the actual payoff or charge-off of the facility. The Federal Reserve confirms that the data should be reported as-of the date of disposition, not prior to the payoff or charge-off of the facility.

    In addition, one commenter recommended adding Disposition Flag values for when loans fall under the $1M reporting threshold, or shift from one loan schedule to another. In response, the final FR Y-14 adds two options to the Disposition Flag field. In addition, to accommodate the new item for facilities shifting from one schedule to another, the final FR Y-14 adds an additional field to capture to which schedule the facility shifted.

    The Federal Reserve proposed expanding the options of the Participation Flag item to include the Shared National Credit (SNC) program. One commenter stated that some respondents are classified as expanded reporters and, therefore, subject to a broader data collection referred to as “Large Corporate Syndicated Credit” (LCSC) and therefore recommended that all references to SNCs in the proposal be clarified to include all LCSC eligible credits as well for respondents that are classified as expanded reporters. The Federal Reserve confirms that inten