Federal Register Vol. 81, No.143,

Federal Register Volume 81, Issue 143 (July 26, 2016)

Page Range48687-49137
FR Document

81_FR_143
Current View
Page and SubjectPDF
81 FR 48791 - External Peer Review Meeting for Draft Guidelines for Human Exposure AssessmentPDF
81 FR 48794 - Federal Insecticide, Fungicide, and Rodenticide Act Scientific Scientific Advisory Panel; Notice of Public MeetingPDF
81 FR 48789 - Processes for Risk Evaluation and Chemical Prioritization for Risk Evaluation Under the Amended Toxic Substances Control Act; Notice of Public Meetings and Opportunities for Public CommentPDF
81 FR 48858 - Product Change-Priority Mail Express Negotiated Service AgreementPDF
81 FR 48736 - Notice of Request for Extension and Revision of a Currently Approved Information CollectionPDF
81 FR 48842 - Information Collection Request Sent to the Office of Management and Budget for Approval; Historic Preservation Certification ApplicationPDF
81 FR 48762 - Submission for OMB Review; Comment Request; Patent ProcessingPDF
81 FR 48797 - Information Collection; USA.gov National Contact Center Customer Evaluation SurveyPDF
81 FR 48765 - Notice of Public Hearing and Business Meeting: August 10 and September 14, 2016PDF
81 FR 48740 - Materials Technical Advisory Committee: Notice of Open MeetingPDF
81 FR 48740 - Materials Processing Equipment Technical Advisory Committee: Notice of Partially Closed MeetingPDF
81 FR 48883 - Culturally Significant Objects Imported for Exhibition Determinations: “Arts of Korea” ExhibitionPDF
81 FR 48882 - Culturally Significant Objects Imported for Exhibition Determinations: “Richard Learoyd: Studio Work” ExhibitionPDF
81 FR 48882 - Culturally Significant Objects Imported for Exhibition Determinations: “Insecurities: Tracing Displacement and Shelter” ExhibitionPDF
81 FR 48882 - Culturally Significant Objects Imported for Exhibition Determinations: “Gustav Klimt and the Women of Vienna's Golden Age, 1900-1918” ExhibitionPDF
81 FR 48851 - Exelon Generation Company, LLC; Braidwood Station, Units 1 and 2PDF
81 FR 48764 - Intent To Prepare an Environmental Impact Statement for the Western Everglades Restoration Project, Hendry, Broward, Collier Counties, FloridaPDF
81 FR 48740 - Sunshine Act Meeting NoticePDF
81 FR 48857 - Program-Specific Guidance About Possession Licenses for Manufacturing and DistributionPDF
81 FR 48741 - Large Residential Washers From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value, Affirmative Preliminary Determination of Critical Circumstances, in Part, and Postponement of Final DeterminationPDF
81 FR 48766 - Applications for New Awards; Providing High-Quality Career and Technical Education Programs for Underserved, High-Need Youth Through a Pay for Success ModelPDF
81 FR 48797 - Office of Federal High-Performance Green Buildings; Green Building Advisory Committee; Request for Membership Nominations; CorrectionPDF
81 FR 49112 - Horse Protection; Licensing of Designated Qualified Persons and Other AmendmentsPDF
81 FR 48745 - Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Data Scoping Webinar for South Atlantic Red GrouperPDF
81 FR 48731 - Atlantic Highly Migratory Species; Removal of Vessel Upgrade Restrictions for Swordfish Directed Limited Access and Atlantic Tunas Longline Category PermitsPDF
81 FR 48883 - Notice of Final Federal Agency Actions of Proposed Highway/Interchange Improvement in California; Statute of Limitations on ClaimsPDF
81 FR 48765 - Submission for OMB Review; Comment RequestPDF
81 FR 48801 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
81 FR 48798 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
81 FR 48850 - Proposed Collection, Comment RequestPDF
81 FR 48883 - Release of Waybill DataPDF
81 FR 48887 - Sanctions Actions Pursuant to Executive Orders 13582, 13572, 13573, and 13382PDF
81 FR 48878 - Submission for OMB Review; Comment RequestPDF
81 FR 48836 - Agency Information Collection Activities: Application To Register Permanent Residence or Adjust Status, Form I-485, and Adjustment of Status Under Section 245(i), Supplement A to Form I-485; Revision of a Currently Approved CollectionPDF
81 FR 48719 - Reef Fish Fishery of the Gulf of Mexico; 2016 Recreational Accountability Measures and Closure for Gulf of Mexico Greater AmberjackPDF
81 FR 48711 - Update to Product ListsPDF
81 FR 48886 - Financial Crimes Enforcement Network; Proposed Renewal Without Change; Comment Request; Imposition of Special Measure Against Banco Delta Asia, Including Its Subsidiaries Delta Asia Credit Limited and Delta Asia Insurance Limited, as a Financial Institution of Primary Money Laundering ConcernPDF
81 FR 48719 - Atlantic Highly Migratory Species; North and South Atlantic 2016 Commercial Swordfish QuotasPDF
81 FR 48766 - Agency Information Collection Activities; Comment Request; National Teacher and Principal Survey of 2017-2018 (NTPS 2017-18) Preliminary Field ActivitiesPDF
81 FR 48797 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
81 FR 48737 - National Wildlife Services Advisory Committee; MeetingPDF
81 FR 48884 - Transfer of Federally Assisted Land or FacilityPDF
81 FR 48796 - Radio Broadcasting Services; AM or FM Proposals To Change the Community of LicensePDF
81 FR 48740 - Agenda and Notice of Public Meeting of the West Virginia Advisory Committee; CorrectionPDF
81 FR 48763 - Charter Renewal of Department of Defense Federal Advisory CommitteesPDF
81 FR 48819 - Public Meeting of the Presidential Commission for the Study of Bioethical IssuesPDF
81 FR 48808 - Submission for OMB Review; Comment RequestPDF
81 FR 48745 - Taking of Marine Mammals Incidental to Specified Activities; Construction of the East Span of the San Francisco-Oakland Bay BridgePDF
81 FR 48847 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Firearms Transaction Record (ATF Form 4473 (5300.9)PDF
81 FR 48885 - Hazardous Materials: FAST Act Insurance and Liability Study; Request for CommentsPDF
81 FR 48836 - Trinity River Adaptive Management Working Group; Public MeetingPDF
81 FR 48849 - Proposed Collection, Comment RequestPDF
81 FR 48802 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
81 FR 48737 - Submission for OMB Review; Comment RequestPDF
81 FR 48703 - Physical Medicine Devices; Reclassification of Iontophoresis Device Intended for Any Other PurposesPDF
81 FR 48875 - Mutual Fund Series Trust, et al.; Notice of ApplicationPDF
81 FR 48738 - Submission for OMB Review; Comment RequestPDF
81 FR 48888 - Advisory Committee on Homeless Veterans, Notice of MeetingPDF
81 FR 48804 - Agency Forms Undergoing Paperwork Reduction Act ReviewPDF
81 FR 48805 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
81 FR 48806 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
81 FR 48799 - Proposed Data Collection Submitted for Public Comment and RecommendationsPDF
81 FR 48846 - Major Portion Prices and Due Date for Additional Royalty Payments on Indian Gas Production in Designated Areas Not Associated With an Index ZonePDF
81 FR 48832 - Privacy Act of 1974; Department of Homeland Security/ALL-014 Personnel Emergency Contact Information System of RecordsPDF
81 FR 48826 - Privacy Act of 1974; Department of Homeland Security, U.S. Customs and Border Protection, DHS/CBP-001, Import Information System, System of RecordsPDF
81 FR 48845 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
81 FR 48844 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
81 FR 48722 - Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management AreaPDF
81 FR 48840 - Notice of Availability of the Moab Master Leasing Plan and Proposed Resource Management Plan Amendments/Final Environmental Impact Statement for the Moab and Monticello Field Offices, UTPDF
81 FR 48707 - Property Transferred in Connection With the Performance of ServicesPDF
81 FR 48693 - Fuel Tank Vent Fire Protection; CorrectionPDF
81 FR 48841 - Update to Notice of Availability of a Final Supplemental Environmental Impact Statement for the Jamul Indian Village Proposed Gaming Management Agreement, San Diego County, CaliforniaPDF
81 FR 48864 - Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Affiliated EntitiesPDF
81 FR 48876 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca Equities Rules 1.1(s) and 7.35P(a)(10)(A) to Extend the Period for the Current Trading Halt Auction Collar Price Collar ThresholdsPDF
81 FR 48861 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Rules Regarding Payment of Compensation and Rebates, and Research Analyst Attestation Requirements, Harmonizing With Certain Financial Industry Regulatory Authority, Inc. Rules and Making Other Conforming ChangesPDF
81 FR 48879 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change for a New Rule 346 Prohibiting Association by Member Organizations, Principal Executives, Approved Persons, and Persons Associated With a Member Organization or Control Persons of Member Organizations With Persons Subject to a Statutory DisqualificationPDF
81 FR 48859 - Self-Regulatory Organizations; Bats EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Related to Fees as They Apply to the Recently Adopted Step Up Mechanism on Its Equity Options PlatformPDF
81 FR 48825 - Accreditation and Approval of Laboratory Service, Inc., as a Commercial Gauger and LaboratoryPDF
81 FR 48876 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Withdrawal of Proposed Rule Change Amending the Definition of “Block” for Purposes of Rule 72(d) and the Size of a Proposed Cross Transaction Eligible for the Cross Function in Rule 76PDF
81 FR 48694 - Provision of Navigation Services for the Next Generation Air Transportation System (NextGen) Transition to Performance-Based Navigation (PBN) (Plan for Establishing a VOR Minimum Operational Network)PDF
81 FR 48825 - Accreditation and Approval of AmSpec Services, LLC, as a Commercial Gauger and LaboratoryPDF
81 FR 48824 - Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and LaboratoryPDF
81 FR 48823 - Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and LaboratoryPDF
81 FR 48826 - Approval of AmSpec Services, LLC, as a Commercial GaugerPDF
81 FR 48860 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Withdrawal of Proposed Rule Change Amending the Definition of “Block” for Purposes of Rule 72(d)-Equities and the Size of a Proposed Cross Transaction Eligible for the Cross Function in Rule 76-EquitiesPDF
81 FR 48869 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change Relating to the Listing and Trading of Shares of PowerShares Government Collateral Pledge Portfolio Under NYSE Arca Equities Rule 8.600PDF
81 FR 48816 - Agency Information Collection Activities; Proposed Collection; Comment Request; Procedures for the Safe and Sanitary Processing and Importing of Fish and Fishery ProductsPDF
81 FR 48809 - Food and Drug Administration Modernization Act of 1997: Modifications to the List of Recognized Standards, Recognition List Number: 044PDF
81 FR 48813 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Requirements Under the Comprehensive Smokeless Tobacco Health Education Act of 1986, as Amended by the Family Smoking Prevention and Tobacco Control ActPDF
81 FR 48819 - National Institute of General Medical Sciences; Notice of Closed MeetingsPDF
81 FR 48820 - National Institute of General Medical Sciences; Notice of Closed MeetingPDF
81 FR 48726 - NASA Federal Acquisition Regulation Supplement: Contractor Financial Reporting of Property (2016-N024)PDF
81 FR 48837 - Endangered and Threatened Species Permit ApplicationsPDF
81 FR 48848 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Statutory Exemption for Cross-Trading of SecuritiesPDF
81 FR 48814 - Unique Device Identification System: Form and Content of the Unique Device Identifier; Draft Guidance for Industry and Food and Drug Administration Staff; Availability and Request for CommentsPDF
81 FR 48687 - Standards of Ethical Conduct for Employees of the Executive Branch; Amendments to the Seeking Other Employment RulesPDF
81 FR 48700 - Department of Labor Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments; CorrectionPDF
81 FR 48846 - Notice of Proposed Renewal of Information Collection: OMB Control Number 1035-0004, Trust Funds for Tribes and Individual IndiansPDF
81 FR 48820 - National Heart, Lung, and Blood Institute; Notice of Closed MeetingPDF
81 FR 48820 - National Institute on Alcohol Abuse and Alcoholism; Notice of Closed MeetingsPDF
81 FR 48839 - Renewal of Agency Information Collection for Navajo Partitioned Lands Grazing PermitsPDF
81 FR 48822 - Area Maritime Security Advisory Committee (AMSC), Eastern Great Lakes and Regional Sub-Committee VacanciesPDF
81 FR 48838 - Announcement of USGS National Geospatial Program (NGP) 3D Elevation Program (3DEP) FY16 Public Webinars in Preparation for the Upcoming Release of the USGS Broad Agency Announcement for 3D ElevationPDF
81 FR 48744 - Pacific Fishery Management Council; Public MeetingPDF
81 FR 48793 - Pesticide Experimental Use Permit; Receipt of Application; Comment RequestPDF
81 FR 48821 - Medication Assisted Treatment for Opioid Use Disorders Reporting RequirementsPDF
81 FR 48781 - Clinton Battery Utility, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
81 FR 48780 - Algonquin SKIC 20 Solar, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
81 FR 48788 - Combined Notice of FilingsPDF
81 FR 48780 - Combined Notice of FilingsPDF
81 FR 48784 - Combined Notice of Filings #1PDF
81 FR 48782 - Combined Notice of Filings #2PDF
81 FR 48785 - Combined Notice of Filings #1PDF
81 FR 48787 - Combined Notice of Filings #1PDF
81 FR 48781 - Citizens Energy Corporation; Notice of Petition for Declaratory OrderPDF
81 FR 48783 - Gulf South Pipeline Company, LP; Notice of ApplicationPDF
81 FR 48781 - Kenai Hydro, LLC; Notice of Application Accepted for Filing and Soliciting Motions To Intervene and ProtestsPDF
81 FR 48783 - Mr. Ray F. Ward; Notice Of Availability Of Draft Environmental AssessmentPDF
81 FR 48780 - California Independent System Operator Corporation; Notice Rescheduling Technical ConferencePDF
81 FR 48728 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Grouper Management MeasuresPDF
81 FR 48779 - Agency Information Collection Activities; Comment Request; Middle Grades Longitudinal Study of 2017-18 (MGLS:2017) Operational Field Test (OFT) and Recruitment for Main Study Base-yearPDF
81 FR 48739 - Proposed Renewal of Information Collection; OMB Control Number 3014-0012, Online Architectural Barriers Act (ABA) Complaint FormPDF
81 FR 48788 - Agency Information Collection Activities; Submitted to OMB for Review and Approval; Comment Request; TSCA Section 5(a)(2) Significant New Use Rules for Existing ChemicalsPDF
81 FR 48791 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Miscellaneous Coating Manufacturing (Renewal)PDF
81 FR 48792 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Clean Water State Revolving Fund ProgramPDF
81 FR 48700 - New Animal Drugs; Change of SponsorPDF
81 FR 48763 - Advisory Committee on Arlington National Cemetery, Honor Subcommittee Meeting NoticePDF
81 FR 48711 - Enterprise Payment System and Enterprise P.O. Boxes OnlinePDF
81 FR 48858 - National Science and Technology Council; Interagency Arctic Research Policy Committee (IARPC) Arctic Research Plan FY2017-2021PDF
81 FR 48708 - Occupational Exposure to Respirable Crystalline Silica; Approval of Collections of InformationPDF
81 FR 48724 - Airworthiness Directives; Rolls-Royce plc Turbofan EnginesPDF
81 FR 48974 - [Docket No. FTA-2016-0030] HEADTransit Asset Management: Proposed GuidebooksPDF
81 FR 48971 - National Transit Database: Capital Asset ReportingPDF
81 FR 48890 - Transit Asset Management; National Transit DatabasePDF
81 FR 48978 - Hazardous Materials: Miscellaneous Amendments Pertaining to DOT-Specification Cylinders (RRR)PDF
81 FR 48715 - Various Administrative Changes and Clauses to the USAID Acquisition RegulationPDF
81 FR 49072 - Hazardous Waste Management System; User Fees for the Electronic Hazardous Waste Manifest System and Amendments to Manifest RegulationsPDF
81 FR 49024 - Amendment of the Commission's Rules With Regard to Commercial Operations in the 3550-3650 MHz BandPDF

Issue

81 143 Tuesday, July 26, 2016 Contents Agency Agency for International Development RULES Various Administrative Changes and Clauses to Acquisition Regulation, 48715-48719 2016-16643 Agricultural Marketing Agricultural Marketing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48736-48737 2016-17702 Agriculture Agriculture Department See

Agricultural Marketing Service

See

Animal and Plant Health Inspection Service

See

Forest Service

See

Rural Housing Service

Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Firearms Transaction Record, 48847-48848 2016-17616 Animal Animal and Plant Health Inspection Service PROPOSED RULES Horse Protection: Licensing of Designated Qualified Persons and Other Amendments, 49112-49137 2016-17648 NOTICES Meetings: National Wildlife Services Advisory Committee, 48737 2016-17627 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Online Architectural Barriers Act Complaint Form, 48739-48740 2016-17516 Army Army Department NOTICES Meetings: Advisory Committee on Arlington National Cemetery, Honor Subcommittee, 48763 2016-17470 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48798-48808 2016-17603 2016-17604 2016-17611 2016-17642 2016-17643 2016-17601 2016-17602 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48808 2016-17618 Civil Rights Civil Rights Commission NOTICES Meetings: West Virginia Advisory Committee; Correction, 48740 2016-17623 Meetings; Sunshine Act, 48740 2016-17683 Coast Guard Coast Guard NOTICES Requests for Nominations: Area Maritime Security Advisory Committee, Eastern Great Lakes and Regional Subcommittee, 48822-48823 2016-17545 Commerce Commerce Department See

Industry and Security Bureau

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

See

Patent and Trademark Office

Defense Department Defense Department See

Army Department

See

Engineers Corps

See

Navy Department

NOTICES Charter Renewals: Federal Advisory Committees, 48763-48764 2016-17622
Delaware Delaware River Basin Commission NOTICES Meetings: Delaware River Basin Commission Public Hearing and Business Meeting, 48765-48766 2016-17697 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Middle Grades Longitudinal Study of 2017-18 Operational Field Test and Recruitment for Main Study Base-year, 48779-48780 2016-17517 National Teacher and Principal Survey of 2017-2018 Preliminary Field Activities, 48766 2016-17629 Application for New Awards: Providing High-Quality Career and Technical Education Programs for Underserved, High-Need Youth through a Pay for Success Model, 48766-48779 2016-17657 Employment and Training Employment and Training Administration RULES Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments; Correction, 48700 2016-17552 Energy Department Energy Department See

Federal Energy Regulatory Commission

Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Western Everglades Restoration Project, Hendry, Broward, Collier Counties, FL, 48764-48765 2016-17686 Environmental Protection Environmental Protection Agency PROPOSED RULES Hazardous Waste Management System: User Fees for the Electronic Hazardous Waste Manifest System and Amendments to Manifest Regulations, 49072-49110 2016-15845 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Clean Water State Revolving Fund Program, 48792-48793 2016-17513 NESHAP for Miscellaneous Coating Manufacturing; Renewal, 48791-48792 2016-17514 Significant New Use Rules for Existing, 48788-48789 2016-17515 Applications: Pesticide Experimental Use Permits, 48793-48794 2016-17533 Meetings: Draft Guidelines for Human Exposure Assessment; External Peer Review, 48791 2016-17708 Federal Insecticide, Fungicide, and Rodenticide Act Scientific Scientific Advisory Panel, 48794-48796 2016-17707 Processes for Risk Evaluation and Chemical Prioritization for Risk Evaluation under the Amended Toxic Substances Control Act, 48789-48791 2016-17706 Federal Aviation Federal Aviation Administration RULES Fuel Tank Vent Fire Protection; Correction, 48693-48694 2016-17590 Provision of Navigation Services for the Next Generation Air Transportation System (NextGen) Transition to Performance-Based Navigation (PBN) (Plan for Establishing a VOR Minimum Operational Network), 48694-48700 2016-17579 PROPOSED RULES Airworthiness Directives: Rolls-Royce plc Turbofan Engines, 48724-48725 2016-17160 Federal Communications Federal Communications Commission RULES Commercial Operations in the 3550-3650 MHz Band, 49024-49069 2016-14505 NOTICES Radio Broadcasting Services: AM or FM Proposals to Change the Community of License, 48796-48797 2016-17625 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Gulf South Pipeline Co., LP, 48783-48784 2016-17522 Combined Filings, 48780-48788 2016-17524 2016-17525 2016-17526 2016-17527 2016-17528 2016-17529 Environmental Assessments; Availability, etc.: Ward Mill Hydroelectric Project, 48783 2016-17520 Hydroelectric Applications: Kenai Hydro, LLC, 48781-48782 2016-17521 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Algonquin SKIC 20 Solar, LLC, 48780 2016-17530 Clinton Battery Utility, LLC, 48781 2016-17531 Meetings: California Independent System Operator Corp.; Technical Conference, 48780 2016-17519 Petitions for Declaratory Orders: Citizens Energy Corp., 48781 2016-17523 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions: California Proposed Highway/Interchange Improvement; Statute of Limitations on Claims, 48883-48884 2016-17645 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 48797 2016-17628 Federal Transit Federal Transit Administration RULES Transit Asset Management: National Transit Database, 48890-48970 2016-16883 NOTICES National Transit Database: Capital Asset Reporting, 48971-48974 2016-17075 Transfers of Federally Assisted Lands or Facilities, 48884 2016-17626 Transit Asset Management: Proposed Guidebooks, 48974-48975 2016-17076 Financial Crimes Financial Crimes Enforcement Network NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Imposition of Special Measure Against Banco Delta Asia, Including Its Subsidiaries Delta Asia Credit, Ltd. and Delta Asia Insurance, Ltd., as a Financial Institution of Primary Money Laundering Concern, 48886-48887 2016-17631 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species Permit Applications, 48837-48838 2016-17556 Meetings: Trinity River Adaptive Management Working Group, 48836-48837 2016-17614 Food and Drug Food and Drug Administration RULES New Animal Drugs: Change of Sponsor, 48700-48703 2016-17501 Physical Medicine Devices; Reclassification of Iontophoresis Device Intended for Any Other Purposes, 48703-48707 2016-17609 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Procedures for the Safe and Sanitary Processing and Importing of Fish and Fishery Products, 48816-48819 2016-17571 Requirements under the Comprehensive Smokeless Tobacco Health Education Act, as Amended by the Family Smoking Prevention and Tobacco Control Act, 48813-48814 2016-17569 Food and Drug Administration Modernization Act: Modifications to the List of Recognized Standards, 48809-48813 2016-17570 Guidance: Unique Device Identification System: Form and Content of the Unique Device Identifier, 48814-48816 2016-17554 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 48887-48888 2016-17637 Forest Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48737-48738 2016-17610 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: USA.gov National Contact Center Customer Evaluation Survey, 48797-48798 2016-17698 Requests for Nominations: Office of Federal High-Performance Green Buildings; Green Building Advisory Committee; Corrections, 48797 2016-17650 Geological Geological Survey NOTICES Meetings: National Geospatial Program 3D Elevation Program; FY16 Public Webinars, 48838-48839 2016-17539 Government Ethics Government Ethics Office RULES Standards of Ethical Conduct for Employees of the Executive Branch: Amendments to the Seeking Other Employment Rules, 48687-48693 2016-17553 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

National Institutes of Health

See

Substance Abuse and Mental Health Services Administration

NOTICES Meetings: Presidential Commission for the Study of Bioethical Issues, 48819 2016-17620
Homeland Homeland Security Department See

Coast Guard

See

U.S. Citizenship and Immigration Services

See

U.S. Customs and Border Protection

NOTICES Privacy Act; Systems of Records, 48826-48835 2016-17596 2016-17597
Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Navajo Partitioned Lands Grazing Permits, 48839-48840 2016-17546 Industry Industry and Security Bureau NOTICES Meetings: Materials Processing Equipment Technical Advisory Committee, 48740-48741 2016-17694 Materials Technical Advisory Committee, 48740 2016-17695 Interior Interior Department See

Fish and Wildlife Service

See

Geological Survey

See

Indian Affairs Bureau

See

Land Management Bureau

See

National Indian Gaming Commission

See

National Park Service

See

Office of Natural Resources Revenue

See

Special Trustee for American Indians Office

Internal Revenue Internal Revenue Service RULES Property Transferred in Connection with the Performance of Services, 48707-48708 2016-17591 International Trade Adm International Trade Administration NOTICES Preliminary Determinations of Sales at Less Than Fair Value: Large Residential Washers from the People's Republic of China, 48741-48744 2016-17680 Justice Department Justice Department See

Alcohol, Tobacco, Firearms, and Explosives Bureau

Labor Department Labor Department See

Employment and Training Administration

See

Labor Statistics Bureau

See

Occupational Safety and Health Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Statutory Exemption for Cross-Trading of Securities, 48848-48849 2016-17555
Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48849-48851 2016-17613 2016-17641 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Moab and Monticello Field Offices, UT; Moab Master Leasing Plan and Proposed Resource Management Plan Amendments, 48840-48841 2016-17592 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation Supplements: Contractor Financial Reporting of Property, 48726-48728 2016-17559 National Indian National Indian Gaming Commission NOTICES Environmental Impact Statements; Availability, etc.: Jamul Indian Village Proposed Gaming Management Agreement, San Diego County, CA, 48841-48842 2016-17589 National Institute National Institutes of Health NOTICES Meetings: National Heart, Lung, and Blood Institute, 48820 2016-17548 National Institute of General Medical Sciences, 48819-48820 2016-17560 2016-17561 National Institute on Alcohol Abuse and Alcoholism, 48820-48821 2016-17547 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: North and South Atlantic 2016 Commercial Swordfish Quotas, 48719-48722 2016-17630 Fisheries of the Exclusive Economic Zone Off Alaska: Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area, 48722-48723 2016-17593 Reef Fish Fishery of the Gulf of Mexico: 2016 Recreational Accountability Measures and Closure for Gulf of Mexico Greater Amberjack, 48719 2016-17633 PROPOSED RULES Atlantic Highly Migratory Species: Removal of Vessel Upgrade Restrictions for Swordfish Directed Limited Access and Atlantic Tunas Longline Category Permits, 48731-48735 2016-17646 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery of the Gulf of Mexico; Red Grouper Management Measures, 48728-48731 2016-17518 NOTICES Meetings: Fisheries of the South Atlantic; Southeast Data, Assessment, and Review; Data Scoping Webinar for South Atlantic Red Grouper, 48745 2016-17647 Pacific Fishery Management Council, 48744 2016-17536 Takes of Marine Mammals Incidental to Specified Activities: Construction of the East Span of the San Francisco-Oakland Bay Bridge, 48745-48762 2016-17617 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Historic Preservation Certification Application, 48842-48844 2016-17701 National Register of Historic Places: Pending Nominations and Related Actions, 48844-48846 2016-17594 2016-17595 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48765 2016-17644 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Assessments; Availability, etc.: Exelon Generation Co., LLC, Braidwood Station, Units 1 and 2, 48851-48857 2016-17688 Guidance: Possession Licenses for Manufacturing and Distribution, 48857-48858 2016-17682 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Occupational Exposure to Respirable Crystalline Silica: Approval of Collections of Information, 48708-48710 2016-17270 Natural Resources Office of Natural Resources Revenue NOTICES Major Portion Prices and Due Date for Additional Royalty Payments on Indian Gas Production in Designated Areas Not Associated with an Index Zone, 48846 2016-17600 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Patent Processing, 48762 2016-17699 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Hazardous Materials: DOT-Specification Cylinders (RRR), 48978-49022 2016-16689 NOTICES Hazardous Materials: FAST Act Insurance and Liability Study, 48885-48886 2016-17615 Postal Regulatory Postal Regulatory Commission RULES Update to Product Lists, 48711-48715 2016-17632 Postal Service Postal Service RULES Enterprise Payment System and Enterprise P.O. Boxes Online, 48711 2016-17425 NOTICES Product Changes: Priority Mail Express Negotiated Service Agreement, 48858 2016-17704 Rural Housing Service Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48738 2016-17606 Science Technology Science and Technology Policy Office NOTICES Interagency Arctic Research Policy Committee Arctic Research Plan FY2017-2021, 48858 2016-17326 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ombudsman Matter Management System, 48878-48879 2016-17636 Applications: Mutual Fund Series Trust, et al., 48875-48876 2016-17607 Self-Regulatory Organizations; Proposed Rule Changes: Bats EDGX Exchange, Inc.;, 48859-48860 2016-17582 NASDAQ BX, Inc., 48864-48869 2016-17586 New York Stock Exchange, LLC, 48861-48864, 48876, 48879-48882 2016-17580 2016-17583 2016-17584 NYSE Arca, Inc., 48869-48878 2016-17572 2016-17585 NYSE MKT, LLC; Withdrawal, 48860-48861 2016-17573 Special Trustee Special Trustee for American Indians Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Trust Funds for Tribes and Individual Indians, 48846-48847 2016-17549 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Arts of Korea, 48883 2016-17693 Gustav Klimt and the Women of Vienna's Golden Age, 1900-1918, 48882 2016-17689 Insecurities: Tracing Displacement and Shelter, 48882 2016-17690 Richard Learoyd: Studio Work, 48882 2016-17691 Substance Substance Abuse and Mental Health Services Administration NOTICES Medication Assisted Treatment for Opioid Use Disorders Reporting Requirements, 48821-48822 2016-17532 Surface Transportation Surface Transportation Board NOTICES Release of Waybill Data, 48883 2016-17638 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Highway Administration

See

Federal Transit Administration

See

Pipeline and Hazardous Materials Safety Administration

Treasury Treasury Department See

Financial Crimes Enforcement Network

See

Foreign Assets Control Office

See

Internal Revenue Service

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81 143 Tuesday, July 26, 2016 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Part 2635 RIN 3209-AA04 Standards of Ethical Conduct for Employees of the Executive Branch; Amendments to the Seeking Other Employment Rules AGENCY:

Office of Government Ethics (OGE).

ACTION:

Final rule.

SUMMARY:

The U.S. Office of Government Ethics is issuing a final rule amending portions of the Standards of Ethical Conduct for Employees of the Executive Branch regarding seeking other employment. The final rule incorporates past interpretive advice, updates examples, improves clarity, and makes technical corrections. In addition, the final rule implements the statutory notification requirements that apply to individuals required to file public financial disclosure reports under section 101 of the Ethics in Government Act of 1978 when they negotiate for or have an agreement of future employment or compensation.

DATES:

This final rule is effective August 25, 2016.

FOR FURTHER INFORMATION CONTACT:

Elaine Newton, Associate Counsel, or Rachel Dowell, Assistant Counsel, Office of Government Ethics, Suite 500, 1201 New York Avenue NW., Washington, DC 20005-3917; Telephone: (202) 482-9300; TTY: (800) 877-8339; FAX: (202) 482-9237.

SUPPLEMENTARY INFORMATION: I. Background

On February 17, 2016, the U.S. Office of Government Ethics (OGE) published a proposed rule in the Federal Register, 81 FR 8008, Feb. 17, 2016, proposing to amend subpart F of the Standards of Ethical Conduct for Employees of the Executive Branch regarding seeking other employment. These regulations combine the standards imposed by a criminal statute, 18 U.S.C. 208(a), with the standards imposed by Executive Order 12674, as modified by Executive Order 12731. Section 208(a) of Title 18 requires an employee to recuse from participating personally and substantially in any particular matter that, to the employee's knowledge, will have a direct and predictable effect on the financial interests of a person with whom the employee is negotiating or has any arrangement concerning prospective employment. Beyond this statutory requirement, subpart F incorporates the standards imposed by the Executive Order, addressing issues of lack of impartiality that require recusal from any particular matter that affects the financial interests of a prospective employer, even where the employee's actions in seeking employment may fall short of negotiating for employment. The final rule also implements the notification requirements under section 17 of the Stop Trading on Congressional Knowledge Act of 2012 (STOCK Act), Public Law 112-105, 126 Stat. 303, 5 U.S.C. app. 101 note, which apply to employees who file public financial disclosure reports.

II. Comments

The proposed rule was published on February 17, 2016. It provided a 60-day comment period, which ended on April 18, 2016. OGE did not receive any comments. The rationale for the proposed rule, which OGE is now adopting as final, is explained in the preamble at: https://www.thefederalregister.org/fdsys/pkg/FR-2016-02-17/pdf/2016-03214.pdf.

OGE has made nine technical changes in the final rule. First, OGE added the phrase “personally and substantially” in several places within the regulation. This phrase is consistent with the statutory language at 18 U.S.C. 208(a) and is parallel to the language that is currently within the regulation. Second, in 5 CFR 2635.602, Example 1 to paragraph (a), OGE removed the phrase “who is not a public filer” to better clarify the example. Third, OGE clarified in 5 CFR 2635.602, Example 2 to paragraph (a) that the employee is not currently participating in any particular matters affecting the University of Maryland. OGE further clarified that, if the employee is assigned to participate in a particular matter affecting the University of Maryland while she is seeking employment with the University, she must take whatever steps are necessary to avoid working on the grant, in accordance with § 2635.604. This revised language corresponds with 5 CFR 2635.602(a) in the proposed rule. Fourth, OGE added the citation for the Foreign Gifts and Decorations Act, 5 U.S.C. 7342, to 5 CFR 2635.602(b)(3). Fifth, OGE replaced the terms “person” and “potential employer” with the term “prospective employer” in 5 CFR 2635.603, Example 4 to paragraph (b) to use consistent defined terms. Sixth, OGE added the following to 5 CFR 2635.603, Example 10 to paragraph (b): Provided she does not receive a response indicating an interest in employment discussions. A letter merely acknowledging receipt of the resume is not an indication of interest in employment discussions. In addition, the clause “with a response indicating an interest in employment discussions” was added to 5 CFR 2635.604(a)(ii). This language parallels the discussion in the definition section of the previous regulation and corresponds with 5 CFR 2635.604, Example 3 to paragraph (a) in the proposed rule. Seventh, OGE made a grammatical correction in 5 CFR 2635.603, Example 2 to paragraph (c), replacing the word “they” with “it.” Eighth, OGE clarified in 5 CFR 2635.604, Example 2 to paragraph (b) that the employee is reviewing an application from the same pharmaceutical company, which is seeking FDA approval for a new drug product. This language parallels the discussion in the recusal section of the previous regulation and corresponds with 5 CFR 2635.604(b) in the proposed rule. Finally, OGE replaced the word “should” with the word “must” in 5 CFR 2635.604, Example 2 to paragraph (b): Once the employee makes a response that is not a rejection to the company's communication concerning possible employment, the employee must recuse from further participation in the review of the application. This language corresponds with 5 CFR 2635.604(b) in the proposed rule.

III. Matters of Regulatory Procedure Regulatory Flexibility Act

As Director of the Office of Government Ethics, I certify under the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this final rule would not have a significant economic impact on a substantial number of small entities because it primarily affects current Federal executive branch employees.

Paperwork Reduction Act

The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply because this regulation does not contain information collection requirements that require approval of the Office of Management and Budget.

Unfunded Mandates Reform Act

For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. chapter 5, subchapter II), this final rule would not significantly or uniquely affect small governments and will not result in increased expenditures by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (as adjusted for inflation) in any one year.

Executive Order 13563 and Executive Order 12866

Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select the regulatory approaches that maximize net benefits (including economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rulemaking has been designated as a “significant regulatory action” although not economically significant, under section 3(f) of Executive Order 12866. Accordingly, this rule has been reviewed by the Office of Management and Budget.

Executive Order 12988

As Director of the Office of Government Ethics, I have reviewed this final rule in light of section 3 of Executive Order 12988, Civil Justice Reform, and certify that it meets the applicable standards provided therein.

List of Subjects in 5 CFR Part 2635

Conflict of interests, Executive Branch standards of ethical conduct, Government employees.

Approved: July 20, 2016. Walter M. Shaub, Jr., Director, Office of Government Ethics.

Accordingly, the Office of Government Ethics is amending 5 CFR part 2635 as set forth below:

PART 2635—STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE BRANCH 1. The authority citation for part 2635 continues to read as follows: Authority:

5 U.S.C. 7301, 7351, 7353; 5 U.S.C. App. (Ethics in Government Act of 1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306.

2. Subpart F of part 2635 is revised to read as follows: Subpart F—Seeking Other Employment Sec. 2635.601 Overview. 2635.602 Applicability and related considerations. 2635.603 Definitions. 2635.604 Recusal while seeking employment. 2635.605 Waiver or authorization permitting participation while seeking employment. 2635.606 Recusal based on an arrangement concerning prospective employment or otherwise after negotiations. 2635.607 Notification requirements for public financial disclosure report filers regarding negotiations for or agreement of future employment or compensation. Subpart F—Seeking Other Employment
§ 2635.601 Overview.

This subpart contains a recusal requirement that applies to employees when seeking non-Federal employment with persons whose financial interests would be directly and predictably affected by particular matters in which the employees participate personally and substantially. Specifically, it addresses the requirement of 18 U.S.C. 208(a) that an employee not participate personally and substantially in any particular matter that, to the employee's knowledge, will have a direct and predictable effect on the financial interests of a person “with whom the employee is negotiating or has any arrangement concerning prospective employment.” See § 2635.402 and § 2640.103 of this chapter. Beyond this statutory requirement, this subpart also addresses issues of lack of impartiality that require recusal from particular matters affecting the financial interests of a prospective employer when an employee's actions in seeking employment fall short of actual employment negotiations. In addition, this subpart contains the statutory notification requirements that apply to public filers when they negotiate for or have agreements of future employment or compensation. Specifically, it addresses the requirements of section 17 of the Stop Trading on Congressional Knowledge Act of 2012 (STOCK Act), Public Law 112-105, 126 Stat. 303, 5 U.S.C. app. 101 note, that a public filer must submit a written statement identifying the entity involved in the negotiations or agreement within three business days after commencement of such negotiations or agreement and must submit a notification of recusal whenever there is a conflict of interest or an appearance of a conflict of interest.

§ 2635.602 Applicability and related considerations.

(a) Applicability. (1) To ensure that an employee does not violate 18 U.S.C. 208(a), section 17 of the STOCK Act, or the principles of ethical conduct contained in § 2635.101(b), an employee who is seeking employment or who has an arrangement concerning prospective employment must comply with the applicable recusal requirements of §§ 2635.604 and 2635.606 if particular matters in which the employee will be participating personally and substantially would, to the employee's knowledge, directly and predictably affect the financial interests of a prospective employer or of a person with whom the employee has an arrangement concerning prospective employment. Compliance with this subpart also will ensure that the employee does not violate subpart D or E of this part. In addition, a public filer who negotiates for or has an agreement of future employment or compensation must comply with the requirements of § 2635.607.

(2) An employee who is seeking employment with a person whose financial interests are not, to the employee's knowledge, affected directly and predictably by particular matters in which the employee participates personally and substantially has no obligation to recuse under this subpart. In addition, nothing in this subpart requires an employee, other than a public filer, to notify anyone that the employee is seeking employment unless a notification is necessary to implement a recusal pursuant to § 2635.604(b). A public filer who negotiates for or has an agreement of future employment or compensation must comply with the notification requirements in § 2635.607. An employee may, however, be subject to other statutes that impose requirements on employment contacts or discussions, such as 41 U.S.C. 2103, which is applicable to agency officials involved in certain procurement matters. Employees are encouraged to consult with their ethics officials if they have any questions about how this subpart may apply to them. Ethics officials are not obligated by this subpart to inform supervisors that employees are seeking employment.

Example 1 to paragraph (a):

Recently, an employee of the Department of Education submitted her resume to the University of Delaware for a job opening that she heard about through a friend. The employee has begun seeking employment. However, because she is not participating in any particular matters affecting the University of Delaware, she is not required to notify anyone that she has begun seeking employment.

Example 2 to paragraph (a):

The employee in the preceding example has been approached about an employment opportunity at the University of Maryland. Because the University of Maryland has applied for grants on which she has been assigned to work in the past, she wants to make certain that she does not violate the ethics rules. The employee contacts her ethics official to discuss the matter. The employee informs the ethics official that she is not currently participating in any particular matters affecting the University of Maryland. As a result, the ethics official advises the employee that she will have no notification obligations under this subpart. However, the ethics official cautions the employee that, if the employee is assigned to participate in a particular matter affecting the University of Maryland while she is seeking employment with the University, she must take whatever steps are necessary to avoid working on the grant, in accordance with § 2635.604.

(b) Related restrictions—(1) Outside employment while a Federal employee. An employee who is contemplating outside employment to be undertaken concurrently with the employee's Federal employment must abide by any limitations applicable to the employee's outside activities under subparts G and H of this part, including any requirements under supplemental agency regulations to obtain prior approval before engaging in outside employment or activities and any prohibitions under supplemental agency regulations related to outside employment or activities. The employee must also comply with any applicable recusal requirement of this subpart, as well as any applicable recusal requirements under subpart D or E of this part as a result of the employee's outside employment activities.

(2) Post-employment restrictions. An employee who is contemplating employment to be undertaken following the termination of the employee's Federal employment should consult an agency ethics official to obtain advice regarding any post-employment restrictions that may be applicable. The regulation implementing the Governmentwide post-employment statute, 18 U.S.C. 207, is contained in part 2641 of this chapter. Employees are cautioned that they may be subject to additional statutory prohibitions on post-employment acceptance of compensation from contractors, such as 41 U.S.C. 2104.

(3) Interview trips and entertainment. Where a prospective employer who is a prohibited source as defined in § 2635.203(d) offers to reimburse an employee's travel expenses, or provide other reasonable amenities incident to employment discussions, the employee may accept such amenities in accordance with § 2635.204(e)(3). Where a prospective employer is a foreign government or international organization, the employee must also ensure that he or she is in compliance with the Foreign Gifts and Decorations Act, 5 U.S.C. 7342.

§ 2635.603 Definitions.

For purposes of this subpart:

(a) Employment means any form of non-Federal employment or business relationship involving the provision of personal services by the employee, whether to be undertaken at the same time as or subsequent to Federal employment. It includes but is not limited to personal services as an officer, director, employee, agent, attorney, consultant, contractor, general partner, or trustee.

Example 1 to paragraph (a):

An employee of the Bureau of Indian Affairs who has announced her intention to retire is approached by tribal representatives concerning a possible consulting contract with the tribe. The contractual relationship the tribe wishes to negotiate is employment for purposes of this subpart.

Example 2 to paragraph (a):

An employee of the Department of Health and Human Services is invited to a meeting with officials of a nonprofit corporation to discuss the possibility of his serving as a member of the corporation's board of directors. Service, with or without compensation, as a member of the board of directors constitutes employment for purposes of this subpart.

Example 3 to paragraph (a):

An employee at the Department of Energy volunteers without compensation to serve dinners at a homeless shelter each month. The employee's uncompensated volunteer services in this case are not considered an employment or business relationship for purposes of this subpart.

(b) An employee is seeking employment once the employee has begun seeking employment within the meaning of paragraph (b)(1) of this section and until the employee is no longer seeking employment within the meaning of paragraph (b)(2) of this section.

(1) An employee has begun seeking employment if the employee has directly or indirectly:

(i) Engaged in negotiations for employment with any person. For these purposes, as for 18 U.S.C. 208(a) and section 17 of the STOCK Act, the term negotiations means discussion or communication with another person, or such person's agent or intermediary, mutually conducted with a view toward reaching an agreement regarding possible employment with that person. The term is not limited to discussions of specific terms and conditions of employment in a specific position;

(ii) Made an unsolicited communication to any person, or such person's agent or intermediary, regarding possible employment with that person. However, the employee has not begun seeking employment if that communication was for the sole purpose of requesting a job application; or

(iii) Made a response, other than rejection, to an unsolicited communication from any person, or such person's agent or intermediary, regarding possible employment with that person.

(2) An employee is no longer seeking employment when:

(i) The employee or the prospective employer rejects the possibility of employment and all discussions of possible employment have terminated; or

(ii) Two months have transpired after the employee's dispatch of an unsolicited resume or employment proposal, provided the employee has received no indication of interest in employment discussions from the prospective employer.

(3) For purposes of this definition, a response that defers discussions until the foreseeable future does not constitute rejection of an unsolicited employment overture, proposal, or resume nor rejection of a prospective employment possibility.

Example 1 to paragraph (b):

A paralegal at the Department of the Army is in his third year of law school. During a discussion with his neighbor, who is a partner in a large law firm in the community, the neighbor invited him to visit her law firm. The paralegal took her up on the offer and met with an associate at the firm. The associate shared with the paralegal her experiences looking for a legal position, discussed what she does in her position at the law firm, and explained why she chose her current law firm. There was no discussion of possible employment with the firm. The Army paralegal is not seeking employment at this time. The purpose of the visit was informational only.

Example 2 to paragraph (b):

An employee of the Defense Contract Audit Agency (DCAA) is auditing the overhead accounts of an Army contractor. While at the contractor's headquarters, the head of the contractor's accounting division tells the employee that his division is thinking about hiring another accountant and asks whether the employee might be interested in leaving DCAA. The DCAA employee asks what kind of work would be involved. The DCAA employee has begun seeking employment because he made a response other than a rejection to the communication regarding possible employment with the Army contractor, although he has not yet begun negotiating for employment.

Example 3 to paragraph (b):

The DCAA employee and the head of the contractor's accounting division in the previous example have a meeting to discuss the duties of the position that the accounting division would like to fill and the DCAA employee's qualifications for the position. They also discuss ways the DCAA employee could remedy one of the missing qualifications, and the employee indicates a willingness to obtain the proper qualifications. They do not discuss salary. The employee has engaged in negotiations regarding possible employment with the contractor.

Example 4 to paragraph (b):

An employee at the Department of Energy (DOE) lists his job duties and employment experience in a profile on an online, business-oriented social networking service. The employee's profile is not targeted at a specific prospective employer. The employee has not begun seeking employment because the posting of a profile or resume is not an unsolicited communication with any prospective employer.

Example 5 to paragraph (b):

The DOE employee in the previous example was recently notified that a representative of a university has viewed his profile. The employee still has not begun seeking employment with the university. Subsequently, a representative of the university contacts the employee through the online forum to inquire whether the employee would be interested in working for the university, to which he makes a response other than rejection. At this point, the employee has begun seeking employment with the university until he rejects the possibility of employment and all discussions of possible employment have terminated.

Example 6 to paragraph (b):

The DOE employee in the previous two examples receives emails from various companies in response to his online profile. He does not respond. The employee has not begun seeking employment with the companies because he has not made a response.

Example 7 to paragraph (b):

An employee of the Centers for Medicare & Medicaid Services (CMS) is complimented on her work by an official of a State Health Department who asks her to call if she is ever interested in leaving Federal service. The employee explains to the State official that she is very happy with her job at CMS and is not interested in another job. She thanks him for his compliment regarding her work and adds that she'll remember his interest if she ever decides to leave the Government. The employee has rejected the unsolicited employment overture and has not begun seeking employment.

Example 8 to paragraph (b):

The employee in the preceding example responds by stating that she cannot discuss future employment while she is working on a project affecting the State's health care funding but would like to discuss employment with the State when the project is completed. Because the employee has merely deferred employment discussions until the foreseeable future, she has begun seeking employment with the State Health Department.

Example 9 to paragraph (b):

Three months prior to the end of the current administration, a political appointee at a large department receives a telephone call from the managing partner of an international law firm. The managing partner asks if the official would be interested in joining the law firm. The official says, “I am not talking to anyone about employment until I leave the Government.” The official has rejected the unsolicited employment overture and has not begun seeking employment.

Example 10 to paragraph (b):

A geologist employed by the U.S. Geological Survey sends her resume to an oil company. The geologist has begun seeking employment with that oil company and will be seeking employment for two months from the date the resume was mailed, provided she does not receive a response indicating an interest in employment discussions. A letter merely acknowledging receipt of the resume is not an indication of interest in employment discussions. However, if she withdraws her application or is notified within the two-month period that her resume has been rejected, she will no longer be seeking employment with the oil company as of the date she makes such withdrawal or receives such notification.

(c) Prospective employer means any person with whom the employee is seeking employment. Where contacts that constitute seeking employment are made by or with an agent or other intermediary, the term prospective employer means:

(1) A person who uses that agent or other intermediary for the purpose of seeking to establish an employment relationship with the employee if the agent identifies the prospective employer to the employee; and

(2) A person contacted by the employee's agent or other intermediary for the purpose of seeking to establish an employment relationship if the agent identifies the prospective employer to the employee.

Example 1 to paragraph (c):

An employee of the Federal Aviation Administration (FAA) has retained an employment search firm to help her find another job. The search firm has just reported to the FAA employee that it has given her resume to and had promising discussions with two airport authorities, which the search firm identifies to the employee. Even though the employee has not personally had employment discussions with either airport authority, each airport authority is her prospective employer. She began seeking employment with each airport authority upon learning its identity and that it has been given her resume.

Example 2 to paragraph (c):

An employee pays for an online resume distribution service, which sends her resume to recruiters that specialize in her field. The online service has just notified her that it sent her resume to Software Company A and Software Company B. Even though the employee has not personally had employment discussions with either company, each software company is her prospective employer. She began seeking employment with each company upon learning from the online service that Software Company A and Software Company B had been given her resume by the intermediary.

(d) Direct and predictable effect, particular matter, and personal and substantial have the respective meanings set forth in § 2635.402(b)(1), (3), and (4).

(e) Public filer means a person required to file a public financial disclosure report as set forth in § 2634.202 of this chapter.

§ 2635.604 Recusal while seeking employment.

(a) Obligation to recuse. (1) Except as provided in paragraph (a)(2) of this section or where the employee's participation has been authorized in accordance with § 2635.605, the employee may not participate personally and substantially in a particular matter that, to the employee's knowledge, has a direct and predictable effect on the financial interests of a prospective employer with whom the employee is seeking employment within the meaning of § 2635.603(b). Recusal is accomplished by not participating in the particular matter.

(2) The employee may participate in a particular matter under paragraph (a)(1) of this section when:

(i) The employee's only communication with the prospective employer in connection with the search for employment is the submission of an unsolicited resume or other employment proposal;

(ii) The prospective employer has not responded to the employee's unsolicited communication with a response indicating an interest in employment discussions; and

(iii) The matter is not a particular matter involving specific parties.

Example 1 to paragraph (a):

A scientist is employed by the National Science Foundation (NSF) as a special Government employee to serve on a panel that reviews grant applications to fund research relating to deterioration of the ozone layer. She is discussing possible employment with a university that received an NSF grant several years ago to study the effect of fluorocarbons but has no current grant applications pending before NSF. The employee is seeking employment, but she does not need to recuse because there is no particular matter that would have a direct and predictable effect on the financial interests of the prospective employer. Recusal would be required if the university submits a new application for the panel's review.

Example 2 to paragraph (a):

An employee of the Food and Drug Administration is developing a regulation on research criteria for approving prescription drugs. She begins discussing possible employment with a pharmaceutical company. The employee may not participate personally and substantially in the development of the regulation because she has begun employment discussions with the pharmaceutical company and the regulation is a particular matter of general applicability which would have a direct and predictable effect on the financial interests of the pharmaceutical company.

Example 3 to paragraph (a):

A special Government employee of the Federal Deposit Insurance Corporation (FDIC) is assigned to advise the FDIC on rules applicable to all member banks. She mails an unsolicited letter to a member bank offering her services as a contract consultant. Although the employee is seeking employment, the employee may participate in this particular matter of general applicability until she receives some response indicating an interest in discussing her employment proposal. A letter merely acknowledging receipt of the proposal is not an indication of interest in employment discussions.

Example 4 to paragraph (a):

An employee of the Occupational Safety and Health Administration is conducting an inspection of one of several textile companies to which he sent an unsolicited resume. The employee may not participate personally and substantially in the inspection because he is seeking employment and the inspection is a particular matter involving specific parties that will affect the textile company.

(b) Notification. An employee who becomes aware of the need to recuse from participation in a particular matter to which the employee has been assigned must take whatever steps are necessary to ensure that the employee does not participate in the matter. Appropriate oral or written notification of the employee's recusal may be made to an agency ethics official, coworkers, or a supervisor to document and help effectuate the employee's recusal. Public filers must comply with additional notification requirements set forth in § 2635.607.

Example 1 to paragraph (b):

An employee of the Department of Veterans Affairs (VA) is participating in the audit of a contract for laboratory support services. Before sending his resume to a lab which is a subcontractor under the VA contract, the employee should recuse from participation in the audit. Since he cannot withdraw from participation in the contract audit without the approval of his supervisor, he should notify his supervisor of his need to recuse for ethics reasons so that appropriate adjustments in his work assignments can be made.

Example 2 to paragraph (b):

An employee of the Food and Drug Administration (FDA) is contacted in writing by a pharmaceutical company concerning possible employment with the company. The employee is reviewing an application from the same pharmaceutical company, which is seeking FDA approval for a new drug product. Once the employee makes a response that is not a rejection to the company's communication concerning possible employment, the employee must recuse from further participation in the review of the application. Where he has authority to ask his colleague to assume his reviewing responsibilities, he may accomplish his recusal by transferring the work to the employee designated to cover for him. However, to ensure that his colleague and others with whom he had been working on the review do not seek his advice regarding the review of the application or otherwise involve him in the matter, it may be necessary for him to advise those individuals of his recusal.

(c) Documentation. An employee, other than a public filer, need not file a written recusal statement unless the employee is required by part 2634 of this chapter to file written evidence of compliance with an ethics agreement with the Office of Government Ethics or a designated agency ethics official, or is specifically directed by an agency ethics official or the person responsible for the employee's assignment to file a written recusal statement. However, it is often prudent for an employee to create a record of his or her actions by providing written notice to an agency ethics official, a supervisor, or other appropriate official. Public filers must comply with the documentation requirements set forth in § 2635.607.

Example 1 to paragraph (c):

The General Counsel of a regulatory agency will be engaging in discussions regarding possible employment as corporate counsel of a regulated entity. Matters directly affecting the financial interests of the regulated entity are pending within the Office of General Counsel, but the General Counsel will not be called upon to act in any such matter because signature authority for that particular class of matters has been delegated to an Assistant General Counsel. Because the General Counsel is responsible for assigning work within the Office of General Counsel, he can, in fact, accomplish his recusal by simply avoiding any involvement in matters affecting the regulated entity. However, because it is likely to be assumed by others that the General Counsel is involved in all matters within the cognizance of the Office of General Counsel, he would benefit from filing a written recusal statement with an agency ethics official or the Commissioners of the regulatory agency and providing his subordinates with written notification of his recusal. He may also be specifically directed by an agency ethics official or the Commissioners to file a written recusal statement. If the General Counsel is a public filer, he must comply with the documentation requirements set forth in § 2635.607.

(d) Agency determination of substantial conflict. Where the agency determines that the employee's action in seeking employment with a particular person will require the employee's recusal from matters so central or critical to the performance of the employee's official duties that the employee's ability to perform the duties of the employee's position would be materially impaired, the agency may allow the employee to take annual leave or leave without pay while seeking employment, or may take other appropriate action.

§ 2635.605 Waiver or authorization permitting participation while seeking employment.

(a) Waiver. Where, as defined in § 2635.603(b)(1)(i), an employee is engaged in employment negotiations for purposes of 18 U.S.C. 208(a), the employee may not participate personally and substantially in a particular matter that, to the employee's knowledge, has a direct and predictable effect on the financial interests of a prospective employer. The employee may participate in such matters only where the employee has received a written waiver issued under the authority of 18 U.S.C. 208(b)(1) or (3). These waivers are described in § 2635.402(d) and part 2640, subpart C of this chapter. For certain employees, a regulatory exemption under the authority of 18 U.S.C. 208(b)(2) may also apply (see part 2640, subpart B of this chapter), including § 2640.203(g) and (i).

Example 1 to paragraph (a):

An employee of the Department of Agriculture is negotiating for employment within the meaning of 18 U.S.C. 208(a) and § 2635.603(b)(1)(i) with an orange grower. In the absence of a written waiver issued under 18 U.S.C. 208(b)(1), she may not take official action on a complaint filed by a competitor alleging that the grower has shipped oranges in violation of applicable quotas.

(b) Authorization by agency designee. Where an employee is seeking employment within the meaning of § 2635.603(b)(1)(ii) or (iii) and is not negotiating for employment, a reasonable person would be likely to question the employee's impartiality if the employee were to participate personally and substantially in a particular matter that, to the employee's knowledge, has a direct and predictable effect on the financial interests of any such prospective employer. The employee may participate in such matters only where the agency designee has authorized in writing the employee's participation in accordance with the standards set forth in § 2635.502(d).

Example 1 to paragraph (b):

Within the past month, an employee of the Department of Education mailed her resume to a university. She is thus seeking employment with the university within the meaning of § 2635.603(b)(1)(ii). In the absence of specific authorization by the agency designee in accordance with § 2635.502(d), she may not participate personally and substantially in an assignment to review a grant application submitted by the university.

§ 2635.606 Recusal based on an arrangement concerning prospective employment or otherwise after negotiations.

(a) Employment or arrangement concerning employment. An employee may not participate personally and substantially in a particular matter that, to the employee's knowledge, has a direct and predictable effect on the financial interests of the person by whom he or she is employed or with whom he or she has an arrangement concerning future employment, unless authorized to participate in the matter by a written waiver issued under the authority of 18 U.S.C. 208(b)(1) or (3), or by a regulatory exemption under the authority of 18 U.S.C. 208(b)(2). These waivers and exemptions are described in § 2635.402(d) and part 2640, subparts B and C of this chapter.

Example 1 to paragraph (a):

A military officer has accepted a job with a defense contractor that will begin six months after his retirement from military service. During the period that he remains with the Government, the officer may not participate personally and substantially in the administration of a contract with that particular defense contractor unless he has received a written waiver under the authority of 18 U.S.C. 208(b)(1).

Example 2 to paragraph (a):

An accountant has just been offered a job with the Office of the Comptroller of the Currency (OCC) which involves a two-year limited appointment. Her private employer, a large corporation, believes the job will enhance her skills and has agreed to give her a two-year unpaid leave of absence at the end of which she has agreed to return to work for the corporation. During the two-year period that she is to be an OCC employee, the accountant will have an arrangement concerning future employment with the corporation that will require her recusal from participation personally and substantially in any particular matter that, to her knowledge, will have a direct and predictable effect on the corporation's financial interests.

(b) Offer rejected or not made. The agency designee for the purpose of § 2635.502(c) may, in an appropriate case, determine that an employee not covered by the preceding paragraph who has sought but is no longer seeking employment nevertheless will be subject to a period of recusal upon the conclusion of employment negotiations. Any such determination will be based on a consideration of all the relevant factors, including those listed in § 2635.502(d), and a determination that the concern that a reasonable person may question the integrity of the agency's decision-making process outweighs the Government's interest in the employee's participation in the particular matter.

Example 1 to paragraph (b):

An employee of the Securities and Exchange Commission was relieved of responsibility for an investigation of a broker-dealer while seeking employment with the law firm representing the broker-dealer in that matter. The firm did not offer her the partnership position she sought. Even though she is no longer seeking employment with the firm, she may continue to be recused from participating in the investigation based on a determination by the agency designee that the concern that a reasonable person might question whether, in view of the history of the employment negotiations, she could act impartially in the matter outweighs the Government's interest in her participation.

§ 2635.607 Notification requirements for public financial disclosure report filers regarding negotiations for or agreement of future employment or compensation.

(a) Notification regarding negotiations for or agreement of future employment or compensation. A public filer who is negotiating for or has an agreement of future employment or compensation with a non-Federal entity must file a statement notifying an agency ethics official of such negotiation or agreement within three business days after commencement of the negotiation or agreement. This notification statement must be in writing, must be signed by the public filer, and must include the name of the non-Federal entity involved in such negotiation or agreement and the date on which the negotiation or agreement commenced. When a public filer has previously complied with the notification requirement in this section regarding the commencement of negotiations, the filer need not file a separate notification statement when an agreement of future employment or compensation is reached with the previously identified non-Federal entity. There is also no requirement to file another notification when negotiations have been unsuccessful. However, employees may want to do so to facilitate the resumption of their duties.

Example 1 to paragraph (a):

An employee of the Merit Systems Protection Board who is a public filer was in private practice prior to his Government service. He receives a telephone call from a partner in a law firm who inquires as to whether he would be interested in returning to private practice. During this initial telephone call with the law firm partner, the employee indicates that he is interested in resuming private practice. They discuss generally the types of issues that would need to be agreed upon if the employee were to consider a possible offer to serve as “of counsel” with the firm, such as salary, benefits, and type of work the employee would perform. The employee has begun negotiating for future employment with the law firm. Within three business days after this initial telephone call, he must file written notification of the negotiations with his agency ethics official.

Example 2 to paragraph (a):

The employee in the previous example also negotiates a possible contract with a publisher to begin writing a textbook after he leaves Government service. Within three business days after commencing negotiations, the employee must file written notification with his agency ethics official documenting that he is engaged in negotiations for future compensation with the book publisher.

(b) Notification of recusal. A public filer who files a notification statement pursuant to paragraph (a) of this section must file with an agency ethics official a notification of recusal whenever there is a conflict of interest or appearance of a conflict of interest with the non-Federal entity identified in the notification statement. The notification statement and the recusal statement may be contained in a single document or in separate documents.

(c) Advance filing of notification and recusal statements. When a public filer is seeking employment within the meaning of § 2635.603(b)(1)(ii) or (iii) or is considering seeking employment, the public filer may elect to file the notification statement pursuant to paragraph (a) of this section before negotiations have commenced and before an agreement of future employment or compensation is reached. A public filer may also elect to file the recusal statement pursuant to paragraph (b) of this section before the public filer has a conflict of interest or appearance of a conflict of interest with the non-Federal entity identified in the notification statement. The public filer need not file the document again upon commencing negotiations or reaching an agreement of future employment or compensation. The advance filing of any such document is not construed as a statement that negotiations have or have not commenced or that a conflict of interest does or does not exist. Although the Office of Government Ethics encourages advance filing when a public filer anticipates a realistic possibility of negotiations or an agreement, the failure to make an advance filing does not violate this subpart or the principles of ethical conduct contained in § 2635.101(b).

Example 1 to paragraph (c):

An employee of the Federal Labor Relations Authority who is a public filer began negotiating for future employment with a law firm. At the time he began negotiating for future employment with the law firm, he was not participating personally and substantially in a particular matter that, to his knowledge, had a direct and predictable effect on the financial interest of the law firm. Although the employee was not required to file a recusal statement because he did not have a conflict of interest or appearance of a conflict of interest with the law firm identified in the notification statement, the Office of Government Ethics encourages the employee to submit a notification of recusal at the same time that he files the notification statement regarding the negotiations for future employment in order to ensure that the requirement of paragraph (b) of this section is satisfied if a conflict of interest or an appearance of a conflict of interest later arises. The agency ethics official should counsel the employee on applicable requirements but is under no obligation to notify the employee's supervisor that the employee is negotiating for employment.

Example 2 to paragraph (c):

An employee of the General Services Administration is contacted by a prospective employer regarding scheduling an interview for the following week to begin discussing the possibility of future employment. The employee discusses the matter with the ethics official and chooses to file a notification and recusal statement prior to the interview. The notification and recusal statement contain the identity of the prospective employer and an estimated date of when the interview will occur. The employee has complied with the notification requirement of section 17 of the STOCK Act.

(d) Agreement of future employment or compensation for the purposes of § 2635.607 means any arrangement concerning employment that will commence after the termination of Government service. The term also means any arrangement to compensate in exchange for services that will commence after the termination of Government service. The term includes, among other things, an arrangement to compensate for teaching, speaking, or writing that will commence after the termination of Government service.

[FR Doc. 2016-17553 Filed 7-25-16; 8:45 am] BILLING CODE 6345-03-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 25, 121, and 129 [Docket No.: FAA-2014-0500; Amdt. Nos. 25-143, 121-375, and 129-52] RIN 2120-AK30 Fuel Tank Vent Fire Protection; Correction AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule; correction.

SUMMARY:

The FAA is correcting a final rule published in the Federal Register on June 24, 2016 (81 FR 41200). In that final rule, the FAA amended certain airworthiness regulations for transport category airplanes to require fuel tank designs that prevent a fuel tank explosion caused by the propagation of flames, from external fires, through the fuel tank vents. The final rule requires a delay of two minutes and thirty seconds between exposure of external fuel tank vents to ignition sources and explosions caused by propagation of flames into the fuel tank, thus increasing the time available for passenger evacuation and emergency response. The amendments apply to applications for new type certificates and certain applications for amended or supplemental type certificates. The amendments also require certain airplanes produced in the future and operated by air carriers to meet the new standards.

However, in that document, the amendment numbers for the final rules were incorrect, and an airplane model number in a footnote was incorrect. This document now posts the correct amendment numbers and airplane model number in the footnote.

DATES:

This correction is effective on July 26, 2016.

FOR FURTHER INFORMATION CONTACT:

For technical questions concerning this action, contact Mike Dostert, Propulsion and Mechanical Systems Branch, ANM-112, Transport Airplane Directorate, Aircraft Certification Service, Federal Aviation Administration, 1601 Lind Ave. SW., Renton, WA 98057-3356; telephone (425) 227-2132; facsimile (425) 227 1149; email [email protected]

SUPPLEMENTARY INFORMATION: Background

On June 24, 2016, the FAA published a final rule titled, “Fuel Tank Vent Fire Protection” in the Federal Register (81 FR 41200).

The intent of that rule is to prevent fuel tank explosions caused by ignition from external ignition sources of fuel vapor either contained in vapor spaces 1 or exiting from vapor spaces through the fuel tank vent outlets. Potential external ignition sources include, but are not limited to, ground handling equipment, fuel fires that result from refueling spills, or ground fires that follow a survivable crash landing in which the fuel tank and the vent system remain intact. Means to prevent or delay the propagation of flame 2 from external sources into the fuel tank through the fuel tank vent system 3 would also prevent or delay fuel tank explosions following certain accidents. These means include flame arrestors or fuel tank inerting. This prevention or delay would provide additional time for the safe evacuation of passengers from the airplane and for emergency personnel to provide assistance.

1 A vapor space is any portion of the airplane fuel tanks and the fuel tank vent system that, if such tanks and system held any fuel, could contain fuel vapor.

2 Flame propagation is the spread of a flame in a combustible environment outward from the point at which the combustion started.

3 A fuel tank vent system is a system that ventilates fuel vapor from the airplane fuel tanks to the atmosphere. A fuel tank vent system ensures that the air and fuel pressure within the fuel tank stay within structural limits required by § 25.975(a).

The rule applies to applications for new type certificates and applications for amended or supplemental type certificates on significant product-level change projects in which title 14, Code of Federal Regulations (14 CFR) 25.975, “Fuel tank vents and carburetor vapor vents,” is applicable to a changed area. Additionally, a new operating requirement in both 14 CFR part 121, “Operating Requirements: Domestic, Flag, and Supplemental Operations,” and 14 CFR part 129, “Operations: Foreign Air Carriers and Foreign Operators of U.S.-Registered Aircraft Engaged in Common Carriage,” applies to airplanes that are issued an original airworthiness certificate after a specified date.

However, the rule published with incorrect amendment numbers, “25-142, 21-376, and 129-53.” Amendment number 25-142 is the same amendment number as the rule titled “Harmonization of Airworthiness Standards—Fire Extinguishers and Class B and F Cargo Compartments,” which published in the Federal Register on February 16, 2016 (81 FR 7698). Amendment numbers 21-376 and 129-53 are incorrect designations. The correct amendment numbers for this rule are “25-143, 121-375, and 129-52.”

In the same publication on page 41203 in footnote number 14, the Lockheed airplane model number referenced is “328.” The correct number should be “382.”

Correction

In FR Doc. 2016-14454, beginning on page 41200 in the Federal Register of June 24, 2016, make the following corrections:

Correction

1. On page 41200, in the second column, correct the 4th header paragraph to read as follows:

“[Docket No.: FAA-2014-0500; Amdt. Nos. 25-143, 121-375, and 129-52].”

2. On page 41203, in the second column, correct the text of footnote number 14 to read as follows:

“The previously approved Lockheed 382 and Embraer flame arrestors would not have met the 2 minute and 30 second requirement.”

Issued under authority provided by 49 U.S.C. 106(f) and 44701(a) in Washington, DC, on July 19, 2016. Lirio Liu, Director, Office of Rulemaking.
[FR Doc. 2016-17590 Filed 7-25-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 91, 121, 125, 129, and 135 [Docket No. FAA-2011-1082] Provision of Navigation Services for the Next Generation Air Transportation System (NextGen) Transition to Performance-Based Navigation (PBN) (Plan for Establishing a VOR Minimum Operational Network) AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final policy statement.

SUMMARY:

This action sets forth the Very High Frequency (VHF) Omnidirectional Range (VOR) Minimum Operational Network (MON) policy as proposed in the Proposed Provision of Navigation Services for the Next Generation Air Transportation System (NextGen) Transition to Performance-Based Navigation (PBN) notice of proposed policy published on December 15, 2011 (76 FR 77939). This document provides the discontinuance selection criteria and candidate list of VOR Navigational Aids (NAVAIDs) targeted for discontinuance as part of the VOR MON Implementation Program and United States (U.S.) National Airspace System (NAS) Efficient Streamline Services Initiative. Additionally, this policy addresses the regulatory processes the FAA plans to follow to discontinue VORs.

DATES:

Effective July 26, 2016.

FOR FURTHER INFORMATION CONTACT:

Ms. Leonixa Salcedo, VOR MON Program Manager, AJM-324, Navigation Programs, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; email: [email protected]; telephone: (844) 4VORMON (844-486-7666).

SUPPLEMENTARY INFORMATION:

Background

On December 15, 2011 the FAA published in the Federal Register a notice of proposed policy and request for comments (76 FR 77939) on the FAA's proposed strategy for gradually reducing the current VOR network to a Minimum Operational Network (MON) as the NAS transitions to performance-based navigation (PBN) as part of the Next Generation Air Transportation System (NextGen). The FAA announced that, as part of a NAS Efficient Streamlined Services Initiative, the number of conventional NAVAIDs would be reduced while more efficient Area Navigation (RNAV) routes and procedures are implemented throughout the NAS. The FAA noted its intention to convene a working group to assist in developing a candidate list of VORs for discontinuance using relevant operational, safety, cost, and economic criteria. Interested parties were invited to participate in the review of this policy and planning effort by submitting written comments on the proposal.

The FAA reviewed all 330 comments received and on August 21, 2012, published in the Federal Register the disposition of the comments on the notice of proposed policy (77 FR 50420). In considering and disposing of the comments, the FAA noted that it would develop an initial VOR MON Plan which would be made publicly available. The FAA renewed its intention to convene a working group that would assist in developing objective criteria which would be applied consistently nationally and regionally to help identify those VOR facilities that would remain operational.

Criteria for Assessing VOR Discontinuance

After the FAA published the disposition of comments, stakeholders, industry, and military services provided further inputs to the FAA for consideration in developing the criteria used to select VORs that would need to be retained as a part of the MON. The FAA also sought recommendations from aviation industry stakeholders through the RTCA Tactical Operations Committee (TOC). With this collective input, the FAA developed the criteria to determine which VORs would be candidates for retention. VORs not meeting these criteria were considered as discontinuance candidates.

The following criteria were used by the FAA to determine which VORs would be retained as a part of the MON:

— Retain VORs to perform Instrument Landing System (ILS), Localizer (LOC), or VOR approaches supporting MON airports at suitable destinations within 100 NM of any location within the CONUS. Selected approaches would not require Automatic Direction Finder (ADF), Distance Measuring Equipment (DME), Radar, or GPS. — Retain VORs to support international oceanic arrival routes. — Retain VORs to provide coverage at and above 5,000 ft AGL. — Retain most VORs in the Western U.S. Mountainous Area (WUSMA), specifically those anchoring Victor airways through high elevation terrain. — Retain VORs required for military use. — VORs outside of the CONUS were not considered for discontinuance under the VOR MON Implementation Program.

The following considerations were used to supplement the VOR MON criteria above:

— Only FAA owned/operated VORs were considered for discontinuance. — Co-located DME and Tactical Air Navigation (TACAN) systems will generally be retained when the VOR service is terminated. — Co-located communication services relocated or reconfigured to continue transmitting their services. Working Group

Using the established criteria, the FAA convened an internal working group to develop a candidate list of VORs using the VOR MON criteria relevant to operational, safety, cost, and economic considerations. The group developed the VOR MON service by first selecting MON airports that met the criteria listed above. Airports with ILS approaches that met the criteria were selected in preference to VOR approaches. If two airports in close proximity had suitable approaches, then the airport whose ILS or VOR approach required the FAA to retain the fewest number of VORs (i.e., to identify initial, final, stepdown, and missed approach points) were generally selected. VORs necessary to fulfil other criteria were then selected to be retained. Additional VORs were retained to provide coverage at 5000 ft AGL. The effect of terrain blockage and unavailable radials from some VORs was considered, as was MON airport infrastructure, radar coverage, and training. The overall goal of the effort was to provide the VOR MON service according to the criteria while retaining the fewest number of VORs.

The working group also considered flight procedure development requirements and capabilities, non-rulemaking and rulemaking processing requirements and timelines, and geographic impacts to the NAS as it refined the candidate list of VORs for retention. Since some VORs are co-located with communications services, such as the Hazardous Inflight Weather Advisory Service (HIWAS) and Remote Communication Outlet (RCO), the working group also identified which services would be reconfigured or relocated in order to continue to provide those services. For VORs not listed as part of the MON, the FAA's working groups developed a candidate list of VORs for discontinuance arranged in two Phases (2016-2020 and 2021-2025) by Service Area based on Instrument Flight Procedure (IFP) mitigation complexity.

Discontinuance Process

The FAA will follow its established policies and processes for VOR discontinuance according to FAA Order JO 7400.2, Procedures for Handling Airspace Matters. Prior to making any VOR discontinuance determinations, the geographically responsible Air Traffic Organization (ATO) service area office will publish a circular notice of the proposed discontinuance action to solicit comments from aviation interested persons and organizations. A brief description of the discontinuance effect on airspace and instrument procedures will be included in the circularization. Once a determination to discontinue a VOR has been made, the responsible service area office will initiate established part 71 and part 97 rulemaking processing procedures. The FAA will publish Notices of Proposed Rulemaking (NPRM) in the Federal Register to solicit public comments on all proposed part 71 airspace and ATS route amendments resulting from VOR discontinuance determinations prior to taking any amendment actions within the NAS. After consideration of all public comments received in response to published NPRMs, the FAA will determine whether to issue final rules announcing part 71 airspace and Air Traffic Service (ATS) route and part 97 standard instrument procedure amendment determinations in the Federal Register.

The FAA remains committed to the plan to retain an optimized network of VOR NAVAIDs. The MON will enable pilots to revert from Performance Based Navigation (PBN) to conventional navigation for approach, terminal and en route operations in the event of a GPS outage and supports the NAS transition from VOR-based routes to a more efficient PBN structure consistent with NextGen goals and the NAS Efficient Streamlined Services Initiative.

The FAA continues to plan the NAS transition from defining ATS routes and instrument procedures using VORs and other conventional NAVAIDs 1 to a point-to-point system based on RNAV and Required Navigation Performance (RNP). RNAV will generally be available throughout the NAS and RNP will be provided where beneficial. The FAA's network of DME NAVAIDs will provide a PBN-capable backup to GPS; however, for aircraft without scanning DME receivers (DD) or DD with Inertial Reference Unit aiding (DDI) equipment, the FAA will provide a conventional navigation backup service based on the proposed VOR MON. The VOR MON is designed to enable aircraft, having lost Global Navigation Satellite System (GNSS) service, to revert to conventional navigation procedures. The VOR MON is further designed to allow aircraft to proceed to a MON airport where an ILS or VOR approach procedure can be flown without the necessity of GPS, DME, ADF, or Surveillance. Of course, any airport with a suitable instrument approach may be used for landing, but the VOR MON assures that at least one airport will be within 100 NM.

1 Includes Tactical Air Navigation (TACAN), VOR/TACAN (VORTAC), VOR/DME, and Non-Directional Beacon (NDB) operated by the FAA.

Discontinuance Candidate List

Provided below is a candidate list of VORs being considered for discontinuance in Phase 1 (2016-2020) and Phase 2 (2021-2025) as the FAA works toward the establishment of a VOR MON. It is tentative and may be adjusted based on economic or other factors. As of June 21, 2016 the 45 facilities denoted with an asterisk (*) have completed the circularization public notice process and the FAA has made its determination for discontinuance:

VOR MON Program—Phase 1 Candidate Discontinuance List (FY2016-FY2020) ID VOR Name City ST Western Service Area (WSA) Phase 1 Discontinuance Total: 10 BSR BIG SUR BIG SUR CA CCR CONCORD CONCORD CA CIC CHICO CHICO CA CZQ CLOVIS FRESNO CA ECA * MANTECA STOCKTON CA HYP EL NIDO MERCED CA LIA LIBERATOR MOUNTAIN HOME ID MXW * MAXWELL MAXWELL CA PVU PROVO PROVO UT ROM PRIEST PRIEST CA Central Service Area (CSA) Phase 1 Discontinuance Total: 31 ANY ANTHONY ANTHONY KS AOH * ALLEN COUNTY LIMA OH ASP AU SABLE OSCODA MI BDE BAUDETTE BAUDETTE MN BRD * BRAINERD BRAINERD MN BTL * BATTLE CREEK BATTLE CREEK MI BUA * BUFFALO BUFFALO SD BUU BURBUN BURLINGTON WI BWS BOLES BOLES NM CGI CAPE GIRARDEAU CAPE GIRARDEAU MO CSX CARDINAL CARDINAL MO DAK DRAKE FAYETTEVILLE AR DDD PORT CITY MUSCATINE IA DUC DUNCAN DUNCAN OK ENW KENOSHA KENOSHA WI FLP FLIPPIN FLIPPIN AR GBG GALESBURG GALESBURG IL GTH GUTHRIE GUTHRIE TX HRK HORLICK RACINE WI HUB * HOBBY HOBBY TX HUW HUTTON WEST PLAINS MO IJX JACKSONVILLE JACKSONVILLE IL IKK KANKAKEE KANKAKEE IL LAN LANSING LANSING MI LJT TIMMERMAN MILWAUKEE WI LWV LAWRENCEVILLE LAWRENCEVILLE IL MTO MATTOON MATTOON/CHARLESTON IL PSI PONTIAC WHITE LAKE MI RIS * RIVERSIDE KANSAS CITY MO STE * STEVENS POINT STEVENS POINT WI SYO * SAYRE SAYRE OK Eastern Service Area (ESA) Phase 1 Discontinuance Total: 33 ABB * NABB NABB IN AOO ALTOONA ALTOONA PA BML BERLIN BERLIN NH BQM BOWMAN LOUISVILLE KY CCT CENTRAL CITY CENTRAL CITY KY CYY CYPRESS NAPLES FL DAN DANVILLE DANVILLE VA DKK * DUNKIRK DUNKIRK NY DYR * DYERSBURG DYERSBURG TN EDS * ORANGEBURG ORANGEBURG SC ELZ * WELLSVILLE WELLSVILLE NY EWA * KEWANEE KEWANEE MS FKN * FRANKLIN FRANKLIN VA GFL * GLENS FALLS GLENS FALLS NY GRV * GRANTSVILLE GRANTSVILLE MD HAB HAMILTON HAMILTON AL HLL HANDLE PANAMA CITY FL HUL HOULTON HOULTON ME HVN NEW HAVEN NEW HAVEN CT HZL * HAZLETON HAZLETON PA ITH ITHACA ITHACA NY JKS * JACKS CREEK JACKS CREEK TN LVL * LAWRENCEVILLE HERNDON VA MMJ MONTOUR PITTSBURGH PA OTT * NOTTINGHAM NOTTINGHAM MD PLB * PLATTSBURGH PLATTSBURGH NY PNE NORTH PHILADELPHIA NORTH PHILADELPHIA PA PNN * PRINCETON PRINCETON ME PXT * PATUXENT PATUXENT RIVER MD RNL * RAINELLE RAINELLE WV RUT RUTLAND RUTLAND VT SLK SARANAC LAKE SARANAC LAKE NY TDG * TALLADEGA TALLADEGA AL VOR MON Program—Phase 2 Candidate Discontinuance List (FY2021-FY2025) ID VOR Name City ST Western Service Area (WSA) Phase 2 Discontinuance Total: 5 COE COEUR D'ALENE COEUR D'ALENE ID DEN DENVER DENVER CO HUH WHATCOM BELLINGHAM WA PAE PAINE EVERETT WA STS SANTA ROSA SANTA ROSA CA Central Service Area (CSA) Phase 2 Discontinuance Total: 131 ATY WATERTOWN WATERTOWN SD AUW WAUSAU WAUSAU WI AZO KALAMAZOO KALAMAZOO MI BDF BRADFORD BRADFORD IL BGD BORGER BORGER TX BMI BLOOMINGTON BLOOMINGTON IL BPT BEAUMONT BEAUMONT PORT ARTHUR TX BRO BROWNSVILLE BROWNSVILLE TX BVT BOILER LAFAYETTE IN CLL COLLEGE STATION COLLEGE STATION TX CNU CHANUTE CHANUTE KS CQY CEDAR CREEK CEDAR CREEK TX CTW NEWCOMERSTOWN NEWCOMERSTOWN OH CXR CHARDON CHARDON OH DAS DAISETTA DAISETTA TX DNV DANVILLE DANVILLE IL DVL DEVILS LAKE DEVILS LAKE ND DWN DARWIN DARWIN MN DXO DETROIT DETROIT MI EIC BELCHER SHREVEPORT LA ELA EAGLE LAKE EAGLE LAKE TX ELO ELY ELY MN ELX KEELER KEELER MI EON PEOTONE PEOTONE IL EOS NEOSHO NEOSHO MO FAH FALLS SHEBOYGAN WI FBC FLAG CITY FINDLAY OH FCM FLYING CLOUD MINNEAPOLIS MN FOD FORT DODGE FORT DODGE IA FRM FAIRMONT FAIRMONT MN GIJ GIPPER NILES MI GLD GOODLAND GOODLAND KS GLR GAYLORD GAYLORD MI GNL GROESBECK MEXIA TX GNP GLENPOOL GLENPOOL OK GPZ GRAND RAPIDS GRAND RAPIDS MN GQE GILMORE GILMORE AR GSH GOSHEN GOSHEN IN HIC WHITE CLOUD WHITE CLOUD MI HML HUMBOLDT HUMBOLDT MN HON HURON HURON SD HSI HASTINGS HASTINGS NE HYR HAYWARD HAYWARD WI HYS HAYS HAYS KS ICT WICHITA WICHITA KS IDU INDUSTRY INDUSTRY TX IFI KINGFISHER KINGFISHER OK IMT IRON MOUNTAIN IRON MOUNTAIN KINGSFORD MI IRK KIRKSVILLE KIRKSVILLE MO ISD WINNER WINNER SD ISQ SCHOOLCRAFT COUNTY MANISTIQUE MI JEN GLEN ROSE GLEN ROSE TX JFN JEFFERSON JEFFERSON OH JVL JANESVILLE JANESVILLE WI JWJ ELMWOOD MARSHALLTOWN IA JXN JACKSON JACKSON MI LBL LIBERAL LIBERAL KS LFD LITCHFIELD LITCHFIELD MI LFT LAFAYETTE LAFAYETTE LA LLO LLANO LLANO TX LNR LONE ROCK LONE ROCK WI LOA LEONA LEONA TX LSE LA CROSSE LA CROSSE WI MAP MAPLES MAPLES MO MAW MALDEN MALDEN MO MBL MANISTEE MANISTEE MI MCM MACON MACON MO MFD MANSFIELD MANSFIELD OH MFE MC ALLEN MC ALLEN TX MIE MUNCIE MUNCIE IN MKG MUSKEGON MUSKEGON MI MKT MANKATO MANKATO MN MLC MC ALESTER MC ALESTER OK MNM MENOMINEE MENOMINEE MI MON MONTICELLO MONTICELLO AR MOP MOUNT PLEASANT MOUNT PLEASANT MI MSP MINNEAPOLIS MINNEAPOLIS MN MTW MANITOWOC MANITOWOC WI MWA MARION MARION IL MZV MOLINE MOLINE IL MZZ MARION MARION IN OBH WOLBACH WOLBACH NE ODI NODINE NODINE MN OKK KOKOMO KOKOMO IN OLK WEBSTER LAKE WOLF LAKE IN ONL O'NEILL O'NEILL NE OOM HOOSIER BLOOMINGTON IN ORD * CHICAGO O'HARE CHICAGO O'HARE IL OSW OSWEGO OSWEGO KS OTG WORTHINGTON WORTHINGTON MN OTM OTTUMWA OTTUMWA IA OXI KNOX KNOX IN PKD PARK RAPIDS PARK RAPIDS MN PLL POLO POLO IL PLN PELLSTON PELLSTON MI PMM PULLMAN PULLMAN MI PNT PONTIAC PONTIAC IL PRX PARIS PARIS TX PWE PAWNEE CITY PAWNEE CITY NE RBA ROBINSON ROBINSON KS RBS ROBERTS ROBERTS IL RFD ROCKFORD ROCKFORD IL RID RICHMOND RICHMOND IN ROD ROSEWOOD ROSEWOOD OH ROX ROSEAU ROSEAU MN RQR RESERVE RESERVE LA RST ROCHESTER ROCHESTER MN RZN SIREN SIREN WI SAM SAMSVILLE SAMSVILLE IL SGH SPRINGFIELD SPRINGFIELD OH SLR SULPHUR SPRINGS SULPHER SPRINGS TX STL CARDINAL ST LOUIS MO SUX SIOUX CITY SIOUX CITY IA SVM SALEM SALEM MI SWB SAWMILL WINNFIELD LA THX THREE RIVERS THREE RIVERS TX TKO MANKATO MANKATO KS TNU NEWTON NEWTON IA TPL TEMPLE TEMPLE TX TTH TERRE HAUTE TERRE HAUTE IN TVT TIVERTON TIVERTON OH UIN QUINCY QUINCY IL UKN WAUKON WAUKON IA UKW BOWIE BOWIE TX URH TEXOMA DURANT OK VLA VANDALIA VANDALIA IL VNN MOUNT VERNON MOUNT VERNON IL VWV WATERVILLE WATERVILLE OH YKN YANKTON YANKTON SD YNG YOUNGSTOWN YOUNGSTOWN/WARREN OH ZZV ZANESVILLE ZANESVILLE OH Eastern Service Area (ESA) Phase 2 Discontinuance Total: 98 AGC ALLEGHENY PITTSBURGH PA AMG ALMA ALMA GA AML ARMEL ARMEL VA AZQ HAZARD HAZARD KY BDR BRIDGEPORT BRIDGEPORT CT BFD BRADFORD BRADFORD PA BKW BECKLEY BECKLEY WV BUF BUFFALO BUFFALO NY BWG * BOWLING GREEN BOWLING GREEN KY BWZ BROADWAY SCHOOLEY'S MOUNTAIN NJ CCV CAPE CHARLES CAPE CHARLES VA CIP CLARION CLARION PA CKB * CLARKSBURG CLARKSBURG WV CLT CHARLOTTE CHARLOTTE NC CMK CARMEL CARMEL NY COL COLTS NECK COLTS NECK NJ CRI CANARSIE CANARSIE NY CSG COLUMBUS COLUMBUS GA CSN CASANOVA CASANOVA VA CTY CROSS CITY CROSS CITY FL CVG CINCINNATI COVINGTON KY CVI COFIELD COFIELD NC DCA WASHINGTON WASHINGTON DC DCU * DECATUR DECATUR AL DNY DELANCEY DELANCEY NY ECB * NEWCOMBE NEWCOMBE KY EEN KEENE KEENE NH ELW ELECTRIC CITY ANDERSON SC ERI ERIE ERIE PA ESL KESSEL KESSEL WV ETG KEATING KEATING PA EUF * EUFAULA EUFAULA AL EWO NEW HOPE NEW HOPE KY FJC ALLENTOWN ALLENTOWN PA FLM FALMOUTH FALMOUTH KY FLO FLORENCE FLORENCE SC FQM WILLIAMSPORT WILLIAMSPORT PA GCV * GREENE COUNTY LEAKSVILLE MS GGT GEORGETOWN GEORGETOWN NY GHM * GRAHAM CENTERVILLE TN GNV * GATORS GAINESVILLE FL GQO CHOO CHOO CHATTANOOGA TN GRD GREENWOOD GREENWOOD SC HEZ NATCHEZ NATCHEZ MS HLI HOLLY SPRINGS HOLLY SPRINGS MS HMV HOLSTON MOUNTAIN HOLSTON MOUNTAIN TN HNK HANCOCK HANCOCK NY HNN * HENDERSON HENDERSON WV HRS * HARRIS HARRIS GA HTO HAMPTON EAST HAMPTON NY HUO HUGUENOT HUGUENOT NY IHD * INDIAN HEAD SEVEN SPRINGS PA LBV LA BELLE LA BELLE FL LDN LINDEN LINDEN VA LEB LEBANON LEBANON NH LGA LA GUARDIA NEW YORK NY LVZ WILKES-BARRE WILKES-BARRE PA LWB GREENBRIER LEWISBURG WV LWM LAWRENCE LAWRENCE MA LYH LYNCHBURG LYNCHBURG VA MCN MACON MACON GA MEM MEMPHIS MEMPHIS TN MHT MANCHESTER MANCHESTER NH MIP MILTON MILTON PA MSL MUSCLE SHOALS MUSCLE SHOALS AL MSS MASSENA MASSENA NY MXE MODINA MODINA PA MYS * MYSTIC MYSTIC KY ODF FOOTHILLS TOCCOA SC ODR WOODRUM WOODRUM VA OOD WOODSTOWN WOODSTOWN NJ ORW * NORWICH NORWICH CT PDK PEACHTREE ATLANTA GA PHK PAHOKEE PAHOKEE FL PSK PULASKI DUBLIN VA PSM PEASE PORTSMOUTH NH PTW POTTSTOWN POTTSTOWN PA PUT PUTNAM PUTNAM CT PWL PAWLING POUGHKEEPSIE NY REC REVLOC REVLOC PA RKA ROCKDALE ROCKDALE NY ROA * ROANOKE ROANOKE VA SBY SALISBURY SALISBURY MD SFK STONYFORK STONYFORK PA SLT SLATE RUN SLATE RUN PA STW STILLWATER STILLWATER NJ SUG SUGARLOAF MOUNTAIN ASHEVILLE NC SWL SNOW HILL SNOW HILL MD TAY * TAYLOR TAYLOR FL TDT TIDIOUTE TIDIOUTE PA TEB TETERBORO TETERBORO NJ TGE * TUSKEGEE TUSKEGEE AL THS ST THOMAS ST THOMAS PA TRV TREASURE VERO BEACH FL UCA UTICA UTICA NY ULW ELMIRA ELMIRA NY VAN VANCE VANCE SC YRK YORK YORK KY Issued in Washington, DC, on July 19, 2016. Leonixa Salcedo, VOR MON Program Manager, AJM-324.
[FR Doc. 2016-17579 Filed 7-25-16; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF LABOR Employment and Training Administration 20 CFR Part 655 RIN 1290-AA31 Department of Labor Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments; Correction AGENCY:

Employment and Training Administration, Department of Labor.

ACTION:

Interim final rule; correction.

SUMMARY:

The U.S. Department of Labor (DOL) is correcting an interim final rule published in the Federal Register on July 1, 2016 (81 FR 43430). The interim final rule adjusts the amounts of civil penalties assessed or enforced in its regulations pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. That document inadvertently provided an incorrect authority citation when revising the general authority section for 20 CFR part 655. This document corrects the interim final rule by revising the appropriate authority section.

DATES:

Effective Date: August 1, 2016.

FOR FURTHER INFORMATION CONTACT:

Pamela Peters, Program Analyst, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-5959 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION:

DOL published a document in the Federal Register on July 1, 2016 (81 FR 43430), which made inadvertent revisions to the authority citation for part 655.

In FR Doc. 2016-15378, published on July 1, 2016, (81 FR 43430), make the following correction:

PART 655—TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES [Corrected] 1. On page 43448, in the second and third columns, in part 655—Temporary Employment of Foreign Workers in the United States, the general authority citation is corrected to read as follows: Authority:

Section 655.0 issued under 8 U.S.C. 1101(a)(15)(E)(iii), 1101(a)(15)(H)(i) and (ii), 8 U.S.C. 1103(a)(6), 1182(m), (n) and (t), 1184(c), (g), and (j), 1188, and 1288(c) and (d); sec. 3(c)(1), Pub. L. 101-238, 103 Stat. 2099, 2102 (8 U.S.C. 1182 note); sec. 221(a), Pub. L. 101-649, 104 Stat. 4978, 5027 (8 U.S.C. 1184 note); sec. 303(a)(8), Pub. L. 102-232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 323(c), Pub. L. 103-206, 107 Stat. 2428; sec. 412(e), Pub. L. 105-277, 112 Stat. 2681 (8 U.S.C. 1182 note); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note); 29 U.S.C. 49k; Pub. L. 107-296, 116 Stat. 2135, as amended; Pub. L. 109-423, 120 Stat. 2900; 8 CFR 214.2(h)(4)(i); and 8 CFR 214.2(h)(6)(iii).

Subpart A issued under 8 CFR 214.2(h).

Subpart B issued under 8 U.S.C. 1101(a)(15)(H)(ii)(a), 1184(c), and 1188; and 8 CFR 214.2(h).

Subparts F and G issued under 8 U.S.C. 1288(c) and (d); sec. 323(c), Pub. L. 103-206, 107 Stat. 2428; and 28 U.S.C. 2461 note, Pub. L. 114-74 at section 701.

Subparts H and I issued under 8 U.S.C. 1101(a)(15)(H)(i)(b) and (b)(1), 1182(n) and (t), and 1184(g) and (j); sec. 303(a)(8), Pub. L. 102-232, 105 Stat. 1733, 1748 (8 U.S.C. 1101 note); sec. 412(e), Pub. L. 105-277, 112 Stat. 2681; 8 CFR 214.2(h); and 28 U.S.C. 2461 note, Pub. L. 114-74 at section 701.

Subparts L and M issued under 8 U.S.C. 1101(a)(15)(H)(i)(c) and 1182(m); sec. 2(d), Pub. L. 106-95, 113 Stat. 1312, 1316 (8 U.S.C. 1182 note); Pub. L. 109-423, 120 Stat. 2900; and 8 CFR 214.2(h).

Signed at Washington, DC this 20th day of July, 2016. Thomas E. Perez, Secretary, U.S. Department of Labor.
[FR Doc. 2016-17552 Filed 7-25-16; 8:45 am] BILLING CODE 4510-HL-P
DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 510, 520, 522, 524, and 558 [Docket No. FDA-2014-N-0002] New Animal Drugs; Change of Sponsor AGENCY:

Food and Drug Administration, HHS.

ACTION:

Final rule.

SUMMARY:

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect a change of sponsor for 57 approved new animal drug applications (NADAs) and 14 approved abbreviated new animal drug applications (ANADAs) from Elanco Animal Health, A Division of Eli Lilly & Co. to Elanco US, Inc.

DATES:

This rule is effective July 26, 2016.

FOR FURTHER INFORMATION CONTACT:

Steven D. Vaughn, Center for Veterinary Medicine (HFV-100), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-402-0571, [email protected]

SUPPLEMENTARY INFORMATION:

Elanco Animal Health, A Division of Eli Lilly & Co., Lilly Corporate Center, Indianapolis, IN 46285 has informed FDA that it has transferred ownership of, and all rights and interest in, the 71 approved NADAs and ANADAs in table 1 to Elanco US, Inc., 2500 Innovation Way, Greenfield, IN 46140.

Table 1—NADAs and ANADAs Transferred From Elanco Animal Health, a Division of Eli Lilly & Co. to Elanco US, Inc. File No. Product name 21 CFR
  • Section
  • 010-918 HYGROMIX 8 (hygromycin B) Type A medicated article 558.274 011-948 HYGROMIX 2.4 (hygromycin B) Type A medicated article 558.274 012-491 TYLAN 100 (tylosin) Injection 522.2640 012-548 TYLAN (tylosin phosphate)/HYGROMIX (hygromycin B) 558.274 012-965 TYLAN (tylosin) Injection 522.2640 013-076 TYLAN (tylosin tartrate) Soluble Powder 520.2640 013-162 TYLAN Premix No. 10 (tylosin phosphate) Type A medicated article 558.625 013-388 TYLAN (tylosin phosphate)/HYGROMIX (hygromycin B) 558.274 015-166 TYLAN 100 Premix (tylosin phosphate) Type A medicated article 558.625 038-878 COBAN 45, 60, 90, 110 (monensin) Type A medicated article 558.355 041-275 TYLAN 40 Sulfa-G (tylosin phosphate and sulfamethazine) Type A medicated article 558.630 047-933 COBAN (monensin)/BACIFERM (bacitracin Zn) 558.355 049-463 COBAN (monensin)/BMD (bacitracin methylenedisalicyclate) 558.355 095-735 RUMENSIN 80 and 90 (monensin) Type A medicated article 558.355 104-646 RUMENSIN (monensin)/TYLAN (tylosin phosphate) 558.355 106-964 APRALAN (apramycin sulfate) Soluble Powder 520.110 110-315 COMPONENT E-C or E-S (progesterone and estradiol benzoate) with TYLAN 522.1940 115-732 STRESNIL (azaperone) Injection 522.150 118-123 COMPUDOSE 200 (estradiol); ENCORE (COMPUDOSE 400) 522.840 118-980 MONTEBAN (narasin) Type A medicated article 558.363 126-050 APRALAN 75 (apramycin sulfate) Soluble Powder 520.110 127-507 TYLAN 5, 10, 20, 40 Sulfa-G (tylosin phosphate and sulfamethazine) Type A medicated article 558.630 130-736 COBAN (monensin) Type A medicated article 558.355 135-468 Nicarbazin Type A medicated article 558.366 135-906 COMPONENT E-H (estradiol benzoate and testosterone propionate) with TYLAN 522.842 138-952 MAXIBAN (narasin and nicarbazin) Type A medicated article 558.366 140-863 PAYLEAN 9 and 45 (ractopamine HCl) Type A medicated article 558.500 140-872 POSILAC (sometribove Zn) Injectable Suspension 522.2112 140-926 BMD (bacitracin methylenedisalicyclate)/MAXIBAN (narasin and nicarbazin) 558.366 140-929 MICOTIL 300 (tilmicosin phosphate) Injectable Solution 522.2471 140-937 BMD (bacitracin methylenedisalicyclate)/COBAN (monensin) 558.355 140-942 FLAVOMYCIN (bambermycins)/MAXIBAN (narasin and nicarbazin) 558.366 140-947 LINCOMIX (lincomycin HCl)/MAXIBAN (narasin and nicarbazin) 558.366 140-955 COBAN (monensin)/FLAVOMYCIN (bambermycins) 558.355 141-064 PULMOTIL 90 (tilmicosin phosphate) Type A medicated article 558.618 141-277 COMFORTIS (spinosad) Tablets 520.2130 141-298 SUROLAN (miconazole nitrate, polymyxin B sulfate, prednisolone acetate) Otic Suspension 524.1445 141-321 TRIFEXIS (spinosad and milbemycin oxime) Tablets 520.2134 141-110 COBAN (monensin)/STAFAC (virginiamycin) 558.355 141-164 COBAN (monensin)/TYLAN (tylosin phosphate) 558.355 141-170 MONTEBAN (narasin)/TYLAN (tylosin phosphate) 558.363 141-172 PAYLEAN (ractopamine HCl)/TYLAN (tylosin phosphate) 558.500 141-198 TYLAN (tylosin phosphate)/BIO-COX (salinomycin sodium) 558.550 141-221 OPTAFLEXX 45 (ractopamine HCl) Type A medicated article 558.500 141-224 OPTAFLEXX (ractopamine HCl)/RUMENSIN (monensin)/TYLAN (tylosin phosphate) 558.500 141-225 OPTAFLEXX (ractopamine HCl) RUMENSIN (monensin) 558.500 141-234 OPTAFLEXX (ractopamine HCl)/RUMENSIN (monensin)/MGA (melengestrol acetate) 558.500 141-290 TOPMAX 9 (ractopamine HCl) Type A medicated article 558.500 141-233 OPTAFLEXX (ractopamine HCl)/RUMENSIN (monensin)/TYLAN (tylosin phosphate)/MGA (melengestrol acetate) 558.500 141-301 TOPMAX (ractopamine HCl)/COBAN (monensin) 558.500 141-337 RECUVYA (fentanyl) Topical Solution 524.916 141-340 SKYCIS 100 (narasin) Type A medicated article 558.363 141-343 PULMOTIL 90 (tilmicosin phosphate)/RUMENSIN 90 (monensin) 558.618 141-361 PULMOTIL AC (tilmicosin phosphate) Concentrate Solution 520.2471 141-392 IMPRESTOR (pegbovigrastim) Injection 522.1684 141-438 KAVAULT (avilamycin) Type A medicated article 558.68 141-439 INTEPRITY (avilamycin) Type A medicated article 558.68 200-221 COMPONENT TE-G (trenbolone acetate and estradiol); COMPONENT TE-G with TYLAN; COMPONENT TE-ID with TYLAN; COMPONENT TE-IS; COMPONENT TE-IS with TYLAN; COMPONENT TE-S; COMPONENT TE-S with TYLAN 522.2477 200-224 COMPONENT T-H (trenbolone acetate) with TYLAN; COMPONENT T-S with TYLAN 522.2476 200-343 HEIFERMAX 500 (melengestrol acetate) Type A medicated article 558.342 200-346 COMPONENT TE-200 (trenbolone acetate and estradiol); COMPONENT TE-200 with TYLAN; COMPONENT TE-H; COMPONENT TE-H with TYLAN, COMPONENT TE-H 522.2477 200-375 HEIFERMAX 500 (melengestrol acetate)/RUMENSIN (monensin)/TYLAN (tylosin phosphate) 558.342 200-422 HEIFERMAX 500 (melengestrol acetate) Liquid Premix/RUMENSIN (monensin) 558.342 200-424 HEIFERMAX (melengestrol acetate)/OPTAFLEXX (ractopamine HCl)/RUMENSIN (monensin)/TYLAN (tylosin phosphate) 558.342 200-427 HEIFERMAX 500 (melengestrol acetate) Liquid Premix/TYLAN (tylosin phosphate) 558.342 200-430 HEIFERMAX 500 (melengestrol acetate) Liquid Premix/BOVATEC (lasalocid)/TYLAN (tylosin phosphate) 558.342 200-448 HEIFERMAX 500 (melengestrol acetate)/OPTAFLEXX (ractopamine HCl)/RUMENSIN (monensin) 558.500 200-451 HEIFERMAX 500 (melengestrol acetate)/BOVATEC (lasalocid) 558.342 200-479 HEIFERMAX 500 (melengestrol acetate)/ZILMAX (zilpaterol)/RUMENSIN (monensin) 558.665 200-480 HEIFERMAX 500 (melengestrol acetate)/ZILMAX (zilpaterol)/RUMENSIN (monensin)/TYLAN (tylosin phosphate) 558.665 200-483 HEIFERMAX 500 (melengestrol acetate)/ZILMAX (zilpaterol) 558.665

    Accordingly, the Agency is amending the regulations in 21 CFR parts 520, 522, 524, and 558 to reflect these changes of sponsorship.

    Following these changes of sponsorship, Elanco Animal Health, A Division of Eli Lilly & Co. is no longer the sponsor of any approved application. Accordingly, the regulations are being amended to remove this firm from the lists of sponsors of approved applications in 21 CFR 510.600(c).

    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 Parts 520, 522, and 524

    Animal drugs.

    21 CFR Part 558

    Animal drugs, Animal feeds.

    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, 520, 522, 524, and 558 are amended as follows:

    PART 510—NEW ANIMAL DRUGS 1. The authority citation for 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 “Elanco Animal Health, A Division of Eli Lilly & Co.”; and in the table in paragraph (c)(2), remove the entry for “000986”.
    PART 520—ORAL DOSAGE FORM NEW ANIMAL DRUGS 3. The authority citation for part 520 continues to read as follows: Authority:

    21 U.S.C. 360b.

    § 520.110 [Amended]
    4. In § 520.110, in paragraph (b), remove “000986” and in its place add “058198”.
    § 520.2130 [Amended]
    5. In § 520.2130, in paragraph (b), remove “000986” and in its place add “058198”.
    § 520.2134 [Amended]
    6. In § 520.2134, in paragraph (b), remove “000986” and in its place add “058198”.
    § 520.2471 [Amended]
    7. In § 520.2471, in paragraph (b), remove “000986” and in its place add “058198”.
    § 520.2640 [Amended]
    8. In § 520.2640, in paragraph (b)(1), remove “000986” and in its place add “058198”.
    PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS 9. The authority citation for part 522 continues to read as follows: Authority:

    21 U.S.C. 360b.

    § 522.150 [Amended]
    10. In § 522.150, in paragraph (b), remove “000986” and in its place add “058198”.
    § 522.840 [Amended]
    11. In § 522.840, in paragraph (b), remove “000986” and in its place add “058198”.
    § 522.842 [Amended]
    12. In § 522.842, in paragraph (a)(2), remove “000986” and in its place add “058198”.
    § 522.1684 [Amended]
    13. In § 522.1684, in paragraph (b), remove “000986” and in its place add “058198”.
    § 522.1940 [Amended]
    14. In § 522.1940, in paragraph (a)(2), remove “000986” and in its place add “058198”.
    § 522.2112 [Amended]
    15. In § 522.2112, in paragraph (b), remove “000986” and in its place add “058198”.
    § 522.2471 [Amended]
    16. In § 522.2471, in paragraph (b), remove “000986” and in its place add “058198”.
    § 22.2476 [Amended]
    17. In § 522.2476, in paragraph (a)(1), remove “021641” and in its place add “058198”.
    § 522.2477 [Amended]
    18. In § 522.2477, in paragraph (b)(1), remove “000986” and in its place add “058198”.
    § 522.2640 [Amended]
    19. In § 522.2640, in paragraph (b)(1), remove “000986” and in its place add “058198”.
    PART 524—OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS 20. The authority citation for part 524 continues to read as follows: Authority:

    21 U.S.C. 360b.

    § 524.916 [Amended]
    21. In § 524.916, in paragraph (b), remove “000986” and in its place add “058198”.
    § 524.1445 [Amended]
    22. In § 524.1445, in paragraph (b), remove “000986” and in its place add “058198”.
    PART 558—NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS 23. The authority citation for part 558 continues to read as follows: Authority:

    21 U.S.C. 354, 360b, 360ccc, 360ccc-1, 371.

    § 558.68 [Amended]
    24. In § 558.68, in paragraph (b), remove “000986” and in its place add “058198”.
    § 558.274 [Amended]
    25. In § 558.274, in paragraph (a)(1), remove “000986” and in its place add “058198”; and in paragraphs (c)(1)(i) and (ii) and (c)(2)(i) and (ii), in the “Sponsor” column, remove “000986” and in its place add “058198”.
    § 558.342 [Amended]
    26. In § 558.342, in paragraph (b)(2), remove “000986” and in its place add “058198”; and in paragraphs (e)(1)(i) through (iv) and (e)(1)(ix) and (x), in the “Sponsor” column, remove “000986” and in its place add “058198”.
    § 558.355 [Amended]
    27. In § 558.355, in paragraphs (b)(1) and (2), (b)(4) through (9), (b)(11) and (12), and (b)(14), in paragraphs (f)(1)(xiii)(b), (f)(1)(xxi)(b), (f)(1)(xxii)(b), (f)(1)(xxviii)(b), (f)(1)(xxix)(b), (f)(1)(xxxi)(b), paragraphs (f)(3)(i)(b)(2)(iii), (f)(3)(ii)(b), (f)(3)(xii)(b), in paragraphs (f)(4)(ii)(b) and (f)(4)(iii)(b), and in paragraph (f)(6)(i)(b)(2)(iii), remove “000986” and in its place add “058198”.
    § 558.363 [Amended]
    28. In § 558.363, in paragraphs (a)(1), (3), and (8), and in paragraphs (d)(1)(ii)(B), (d)(1)(iii)(B), (d)(1)(iv)(B), (d)(1)(v)(B), and (d)(1)(vi)(B), remove “000986” and in its place add “058198”.
    § 558.366 [Amended]
    29. In § 558.366, in paragraph (b), remove “000986” and in its place add “058198”; and in paragraph (d), in the six row entries beginning in the “Nicarbazin in grams per ton” column with “27 to 45”, in the “Limitations” and “Sponsor” columns, remove “000986” wherever it occurs and in its place add “058198”.
    § 558.500 [Amended]
    30. In § 558.500, in paragraph (b), remove “000986 and 054771” and in its place add “054771 and 058198”; and in paragraphs (e)(1)(i) through (iv) and (e)(2)(i) through (xiii), in the “Limitations” and “Sponsor” columns, remove “000986” wherever it occurs and in its place add “058198”; and in paragraphs (e)(3)(i) through (iv), in the “Sponsor” column, remove “000986” wherever it occurs and in its place add “058198”.
    § 558.550 [Amended]
    31. In § 558.550, in paragraph (d)(1)(xxii)(B), remove “000986 and 016592” and in its place add “016592 and 058198”.
    § 558.618 [Amended]
    32. In § 558.618, in paragraph (b), remove “000986 and 016592” and in its place add “016592 and 058198”; and in paragraphs (e)(1)(i) and (e)(2)(i) through (iii), in the “Sponsor” column, remove “000986” and in its place add “058198”.
    § 558.625 [Amended]
    33. In § 558.625, in paragraph (b)(1), remove “To 000986” and in its place add “No. 058198”.
    § 558.630 [Amended]
    34. In § 558.630, in paragraph (b)(1), remove “000986” and in its place add “058198”.
    § 558.665 [Amended]
    35. In § 558.665, in paragraphs (e)(2), (3), (4), (5), (6), (8), (10), (11), and (12), in the “Limitations” column, remove “000986” wherever it occurs and in its place add “058198”; and in paragraphs (e)(2), (3), (4), and (6), in the “Sponsor” column, remove “000986” and in its place add “058198”.
    Dated: July 20, 2016. William T. Flynn, Acting Director, Center for Veterinary Medicine.
    [FR Doc. 2016-17501 Filed 7-25-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 890 [Docket No. FDA-2000-N-0158] Physical Medicine Devices; Reclassification of Iontophoresis Device Intended for Any Other Purposes AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Final order.

    SUMMARY:

    The Food and Drug Administration (FDA) is issuing a final order to reclassify iontophoresis devices intended for any other purposes, which are preamendments class III devices (regulated under product code EGJ), into class II (special controls) and to amend the device identification to clarify that devices intended to deliver specific drugs are not considered part of this regulatory classification.

    DATES:

    This order is effective on July 26, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Jismi Johnson, Center for Devices and Radiological Health, 10903 New Hampshire Ave., Bldg. 66, Rm. 1524, Silver Spring, MD 20993, 301-796-6424, [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background—Regulatory Authorities

    The Federal Food, Drug, and Cosmetic Act (the FD&C Act), as amended by the Medical Device Amendments of 1976 (the 1976 amendments) (Pub. L. 94-295), the Safe Medical Devices Act of 1990 (Pub. L. 101-629), the Food and Drug Administration Modernization Act of 1997 (Pub. L. 105-115), the Medical Device User Fee and Modernization Act of 2002 (Pub. L. 107-250), the Medical Devices Technical Corrections Act (Pub. L. 108-214), the Food and Drug Administration Amendments Act of 2007 (Pub. L. 110-85), and the Food and Drug Administration Safety and Innovation Act (FDASIA) (Pub. L. 112-144), among other amendments, established a comprehensive system for the regulation of medical devices intended for human use. Section 513 of the FD&C Act (21 U.S.C. 360c) established three categories (classes) of devices, reflecting the regulatory controls needed to provide reasonable assurance of their safety and effectiveness. The three categories of devices are class I (general controls), class II (special controls), and class III (premarket approval).

    Under section 513(d) of the FD&C Act, devices that were in commercial distribution before the enactment of the 1976 amendments, May 28, 1976 (generally referred to as preamendments devices), are classified after FDA has: (1) Received a recommendation from a device classification panel (an FDA advisory committee); (2) published the panel's recommendation for comment, along with a proposed regulation classifying the device; and (3) published a final regulation classifying the device. FDA has classified most preamendments devices under these procedures.

    A preamendments device that has been classified into class III and devices found substantially equivalent by means of premarket notification procedures (510(k)) to such a preamendments device or to a device within that type (both the preamendments and substantially equivalent devices are referred to as preamendments class III devices) may be marketed without submission of a premarket approval application (PMA) until FDA issues a final order under section 515(b) of the FD&C Act (21 U.S.C. 360e(b)) requiring premarket approval or until the device is subsequently reclassified into class I or class II.

    Devices that were not in commercial distribution prior to May 28, 1976 (generally referred to as postamendments devices) are automatically classified by section 513(f) of the FD&C Act into class III without any FDA rulemaking process. Those devices remain in class III and require premarket approval unless, and until, the device is reclassified into class I or II or FDA issues an order finding the device to be substantially equivalent, in accordance with section 513(i) of the FD&C Act, 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).

    On July 9, 2012, FDASIA was enacted. Section 608(a) of FDASIA amended section 513(e) of the FD&C Act, changing the mechanism for reclassifying a device under that section from rulemaking to an administrative order.

    Section 513(e) of the FD&C Act governs reclassification of classified devices. This section provides that FDA may, by administrative order, reclassify a device based on “new information.” FDA can initiate a reclassification under section 513(e) of the FD&C Act or an interested person may petition FDA to reclassify a preamendments device. The term “new information,” as used in section 513(e), includes information developed as a result of a reevaluation of the data before the Agency when the device was originally classified, as well as information not presented, not available, or not developed at that time. (See, e.g., Holland-Rantos Co. v. United States Department of Health, Education, and Welfare, 587 F.2d 1173, 1174 n.1 (D.C. Cir. 1978); Upjohn v. Finch, 422 F.2d 944 (6th Cir. 1970); Bell v. Goddard, 366 F.2d 177 (7th Cir. 1966).)

    Reevaluation of the data previously before the Agency is an appropriate basis for subsequent action where the reevaluation is made in light of newly available authority (see Bell, 366 F.2d at 181; Ethicon, Inc. v. FDA, 762 F.Supp. 382, 388-391 (D.D.C. 1991)), or in light of changes in “medical science” (Upjohn, 422 F.2d at 951). Whether data before the Agency are old or new data, the “new information” to support reclassification under section 513(e) must be “valid scientific evidence,” as defined in section 513(a)(3) of the FD&C Act and 21 CFR 860.7(c)(2). (See, e.g., General Medical Co. v. FDA, 770 F.2d 214 (D.C. Cir. 1985); Contact Lens Association v. FDA, 766 F.2d 592 (D.C. Cir. 1985), cert. denied, 474 U.S. 1062 (1986).)

    FDA relies upon “valid scientific evidence” in the classification process to determine the level of regulation for devices. To be considered in the reclassification process, the “valid scientific evidence” upon which the Agency relies must be publicly available. Publicly available information excludes trade secret and/or confidential commercial information, e.g., the contents of a pending PMA. (See section 520(c) of the FD&C Act (21 U.S.C. 360j(c)).)

    Section 513(e)(1) of the FD&C Act sets forth the process for issuing a final order to reclassify a device under that section. Specifically, prior to the issuance of a final order reclassifying a device, the following must occur: (1) Publication of a proposed order in the Federal Register; (2) a meeting of a device classification panel described in section 513(b) of the FD&C Act; and (3) consideration of comments to a public docket.

    II. Regulatory History of the Device

    FDA presented the complete regulatory history of these devices in the proposed order to reclassify iontophoresis devices for any other purposes, published in the Federal Register of September 22, 2014 (79 FR 56532) (the “proposed order”). The following are the most relevant pieces of the regulatory history of these devices. On August 28, 1979, the Agency published a proposed rule (44 FR 50520) for classification of all iontophoresis devices. On November 23, 1983, FDA issued a final rule in the Federal Register (48 FR 53032 at 53045) classifying iontophoresis devices into two different classes based on the device's intended use. Specifically, the rule classified iontophoresis devices into class II when intended to induce sweating for use in the diagnosis of cystic fibrosis or for other uses only when the labeling of the drug intended for use with the device bears adequate directions for the device's use with that drug (§ 890.5525(a) (21 CFR 890.5525(a))). These devices are currently under product code KTB. The rule classified iontophoresis devices into class III when intended for any other purposes (§ 890.5525(b)), but did not establish an effective date of requirement for premarket approval. These devices are currently under product code EGJ. In 2009, FDA published an order under section 515(i) of the FD&C Act (the “515(i) Order”) requiring manufacturers of remaining class III devices for which regulations requiring PMAs had not been issued, including iontophoresis devices (§ 890.5525(b)), to submit a summary of information concerning those devices by August 7, 2009 (74 FR 16214, April 9, 2009).

    As discussed in the proposed order, FDA considered the available information on iontophoresis devices intended for any other purposes and concluded that these devices, which are prescription devices, could be reclassified to class II, subject to the special controls identified in the proposed order, because there was sufficient information that these special controls, along with general controls, would provide reasonable assurance of safety and effectiveness. As required by section 513(e)(1) of the of the FD&C Act, FDA convened a meeting of a device classification panel described in section 513(b) of the FD&C Act, specifically the Orthopaedic and Rehabilitation Devices Panel (the 2014 Panel), to discuss whether iontophoresis devices intended for any other purposes should be reclassified or remain in class III on February 21, 2014 (Ref. 1). Please see the proposed order for additional information on the 2014 Panel. Ultimately, the panel concluded that sufficient information exists to establish special controls for these devices, and that special controls in combination with general controls could provide a reasonable assurance of safety and effectiveness; and thus, iontophoresis devices for any other purposes could be classified in class II.

    FDA received and has considered three sets of comments on this proposed order, as discussed in section III of this document. Therefore, FDA has met the requirements for issuing a final order under section 513(e)(1) of the FD&C Act. FDA is not aware of new information since the 2014 Panel meeting that would provide a basis for a different recommendation or finding.

    III. Public Comments in Response to the Proposed Order

    In response to the proposed order, FDA received three sets of comments from various stakeholders. The comments and FDA's responses to the comments are summarized as follows.

    (Comment 1) One comment requested that iontophoresis devices intended for any other purposes remain classified in class III, and that FDA call for PMAs for these products. The commenter disagreed that general controls and special controls are sufficient to provide a reasonable assurance of safety and effectiveness because of, among other reasons, the commenter located, at the time of the 2014 Panel meeting, 40 adverse event reports for a 5-year period that implicated device malfunction, 12 of which include burns, in a search of the Manufacturer and User Facility Device Experience (MAUDE) database for iontophoresis devices intended for any other purposes. The commenter stated that manufacturing inspections during the PMA process would help ensure that iontophoresis devices are constructed properly and, therefore, be less likely to cause third degree burns and other injuries.

    (Response) FDA disagrees that iontophoresis devices intended for any other purposes should remain in class III and require PMA approval. As discussed in section V, “Risks to Health,” of the proposed order, these devices have certain risks to health; however, the Agency believes that those risks can be mitigated by the special controls. For example, the special controls include performance testing that will mitigate the risks of burns, insufficient or excessive drug delivery, and/or infection. Performance testing using a drug approved for iontophoretic delivery, or a solution, identified in the labeling, will ensure that device malfunction or use error is minimized. Additionally, performance testing will ensure that iontophoresis devices intended for any other purposes maintain a safe pH level to minimize burns from a large electrical current density or highly acidic solution. Based on FDA's review of the MAUDE database, the number of adverse event reports identified for iontophoresis devices intended for any other purposes has decreased over the last several years, supporting that the risk of injury is low. Furthermore, in the past decade, there have been no recalls for iontophoresis devices intended for any other purposes.

    (Comment 2) In addition, the commenter expressed concern that the special control requiring a labeling warning about adverse systemic effects was an insufficient safeguard because clinicians and patients may not see or read the label.

    (Response) FDA takes issue with this statement. As stated in the proposed order, iontophoresis devices are restricted to patient use only upon the authorization of a practitioner licensed by law to administer or use the device and the device identification in § 890.5525(b) has been revised to clarify that these are prescription devices in accordance with § 801.109 (21 CFR 801.109). Per § 801.109(c), a prescription device, including iontophoresis devices intended for any other purposes, must include labeling that describes the indications and other information for use, such as methods, frequency and duration of administration, any relevant hazards, contraindications, side effects, and precautions under which the practitioners can use the device safely. Accordingly, clinicians will have access to and be aware of the warnings and precautions in the labeling, and as such, clinicians should be adequately informed of the risks associated with these devices. The clinician can inform the patients of the relevant risks. Therefore, the warning and precaution statements are an appropriate mitigation. FDA believes, therefore, that the special controls identified in this final order, in combination with general controls, will adequately mitigate the risks identified for iontophoresis devices intended for any other purposes and will provide a reasonable assurance of safety and effectiveness. FDA believes that iontophoresis devices may benefit patients by improving the noninvasive transdermal delivery of drugs or other solutions intended to treat various medical ailments or issues. As such, it is appropriate to reclassify these devices from class III (PMA) to class II (special controls). This is also the conclusion supported by the 2014 Panel.

    (Comment 3) Two comments supported the reclassification of iontophoresis from class III to class II when these devices are intended for any other purposes. One comment, although overall supportive of reclassification, disagreed with the modified identification language and special controls. This comment asserted that the special controls, by requiring testing using a drug approved for iontophoretic delivery and labeling that contains language referring the user of the device to approved drug labeling, would create different regulatory paradigms for § 890.5525(a) and (b), such that a new drug application (NDA) and 510(k) are needed for iontophoresis devices falling under paragraph (b) of the regulation, and that a 510(k) is needed for paragraph (a), although the devices are similar. The commenter uses iontophoresis devices that deliver pilocarpine for the diagnosis of cystic fibrosis, regulated under § 890.5525(a), as an example of this inconsistency.

    (Response) To the extent the commenter is raising issues related to products regulated under § 890.5525(a), such products are not the subject of this reclassification; and as such, are not addressed here. However, we do note that the commenter's statement about two different regulatory paradigms is incorrect. As stated previously in this document and in the proposed order, whether an iontophoresis device falls into § 890.5525(a) or (b), any drug that is intended to be used with these devices is required to have marketing authorization for iontophoretic administration of that drug. FDA intends to consider addressing the regulation of iontophoresis devices under § 890.5525(a) through a separate process.

    In addition, iontophoresis devices intended for any other purposes regulated under § 890.5525(b) will need to comply with the applicable special controls prior to entering the market. “Any other purposes” means that these devices are neither intended for use in the diagnosis of cystic fibrosis nor for use with a specific drug. Devices for any other purposes may include those intended for general iontophoretic delivery of drugs that are approved for that route of administration or intended for use with specific solutions. One example of an iontophoretic device for “any other purposes” is one indicated for use with tap water for treatment of hyperhidrosis.

    (Comment 4) The commenter also requested clarification on the identified risk of infection and the special control that states the patient-contacting elements of the device must be assessed for sterility.

    (Response) FDA believes that patient-contacting elements should be assessed for sterility if the device is labeled as sterile, and has clarified the special control in question (§ 890.5525(b)(2)(vi)) to specify such.

    IV. The Final Order

    Based on the information discussed previously and in the preamble to the proposed order, the comments on the proposed order, a review of the MAUDE database, a review of current scientific literature, and panel deliberations (see the 2014 Panel transcript (Ref. 1)), FDA concludes that special controls, in conjunction with general controls, will provide reasonable assurance of the safety and effectiveness of iontophoresis devices intended for any other purposes. Under section 513(e) of the FD&C Act, FDA is adopting its findings as published in the preamble to the proposed order, with the modification of the special control pertaining to sterility (§ 890.5525(b)(2)(vi)) to clarify that only devices labeled as sterile must have their patient-contacting elements assessed for sterility. FDA is issuing this final order to reclassify iontophoresis devices intended for any other purposes from class III to class II and establish special controls by revising § 890.5525(b).

    As noted previously, the identification for § 890.5525(b) has been clarified to specify that devices intended to deliver specific drugs, including those drugs that may have adverse systemic effects, like fentanyl, are not considered part of this regulatory classification (§ 890.5525(b)(1)).

    Following the effective date of this final order, firms submitting a premarket notification (510(k)) for iontophoresis devices intended for any other purposes must comply with the applicable mitigation measures set forth in the codified special controls. This includes firms who are required to submit a new 510(k) under § 807.81(a)(3) because the device is about to be significantly changed or modified. Additionally, a firm whose device was legally in commercial distribution before May 28, 1976, or whose device has been found to be substantially equivalent to such a device, must also comply with the special controls to remain legally on the market.

    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) of the FD&C Act if FDA determines that premarket notification is not necessary to provide reasonable assurance of the safety and effectiveness of the devices. FDA has determined that premarket notification is necessary to provide reasonable assurance of safety and effectiveness of iontophoresis devices intended for any other purposes, and therefore, this device type is not exempt from premarket notification requirements.

    V. Analysis of Environmental Impact

    The Agency has 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.

    VI. Paperwork Reduction Act of 1995

    This final order refers to previously approved collections of information found in 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, have been approved under OMB control number 0910-0120; and the collections of information under part 801 have been approved under OMB control number 0910-0485.

    In addition, FDA concludes that the labeling statement codified in this order does not constitute a “collection of information” under the PRA. Rather, the labeling statement is a public disclosure of information originally supplied by the Federal government to the recipient for the purpose of disclosure to the public (5 CFR 1320.3(c)(2)).

    VII. Codification of Orders

    Prior to the amendments by FDASIA, section 513(e) of the FD&C Act provided for FDA to issue regulations to reclassify devices. Although section 513(e) as amended requires FDA to issue final orders rather than regulations, FDASIA also provides for FDA to revoke previously promulgated regulations by order. FDA will continue to codify classifications and reclassifications in the Code of Federal Regulations (CFR). Changes resulting from final orders will appear in the CFR as changes to codified classification determinations or as newly codified orders. Therefore, under section 513(e)(1)(A)(i) of the FD&C Act, as amended by FDASIA, in this final order, we are revoking the requirements in § 890.5525(b) related to the classification of iontophoresis devices intended for any other purposes as class III devices and codifying the reclassification of iontophoresis device intended for any other purposes into class II (special controls).

    VIII. Reference

    The following reference is on display in the Division of Dockets Management (HFA-305) Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, 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. The panel transcript and other meeting materials for the February 21, 2014, Orthopedic and Rehabilitation Devices Panel are available on FDA's Web site at http://www.fda.gov/AdvisoryCommittees/CommitteesMeetingMaterials/MedicalDevices/MedicalDevicesAdvisoryCommittee/OrthopaedicandRehabilitationDevicesPanel/ucm386335.htm. List of Subjects in 21 CFR Part 890

    Medical devices, Physical medicine devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, part 890 is amended as follows:

    PART 890—PHYSICAL MEDICINE DEVICES 1. The authority citation for part 890 continues to read as follows: Authority:

    21 U.S.C. 351, 360, 360c, 360e, 360j, 371.

    2. In § 890.5525 revise paragraph (b) and remove paragraph (c) to read as follows:
    § 890.5525 Iontophoresis device.

    (b) Iontophoresis device intended for any other purposes—(1) Identification. An iontophoresis device intended for any other purposes is a prescription device that is intended to use a current to introduce ions of drugs or non-drug solutions into the body for medical purposes other than those specified in paragraph (a) of this section, meaning that the device is not intended for use in diagnosis of cystic fibrosis, or a specific drug is not specified in the labeling of the iontophoresis device.

    (2) Classification. Class II (special controls). The device is classified as class II. The special controls for this device are:

    (i) The following performance testing must be conducted:

    (A) Testing using a drug approved for iontophoretic delivery, or a solution, if identified in the labeling, to demonstrate safe use of the device as intended;

    (B) Testing of the ability of the device to maintain a safe pH level; and

    (C) If used in the ear, testing of the device to demonstrate mechanical safety.

    (ii) Labeling must include adequate instructions for use, including sufficient information for the health care provider to determine the device characteristics that affect delivery of the drug or solution and to select appropriate drug or solution dosing information for administration by iontophoresis. This includes the following:

    (A) A description and/or graphical representation of the electrical output;

    (B) A description of the electrode materials and pH buffer;

    (C) When intended for general drug delivery, language referring the user to drug labeling approved for iontophoretic delivery to determine if the drug they intend to deliver is specifically approved for use with that type of device and to obtain relevant dosing information; and

    (D) A detailed summary of the device-related and procedure-related complications pertinent to use of the device, and appropriate warnings and contraindications, including the following warning:

    Warning: Potential systemic adverse effects may result from use of this device. Drugs or solutions delivered with this device have the potential to reach the blood stream and cause systemic effects. Carefully read all labeling of the drug or solution used with this device to understand all potential adverse effects and to ensure appropriate dosing information. If systemic manifestations occur, refer to the drug or solution labeling for appropriate action.

    (iii) Appropriate analysis/testing must demonstrate electromagnetic compatibility, electrical safety, thermal safety, and mechanical safety.

    (iv) Appropriate software verification, validation, and hazard analysis must be performed.

    (v) The elements of the device that may contact the patient must be demonstrated to be biocompatible.

    (vi) The elements of the device that may contact the patient must be assessed for sterility, for devices labeled as sterile.

    (vii) Performance data must support the shelf life of the elements of the device that may be affected by aging by demonstrating continued package integrity and device functionality over the stated shelf life.

    Dated: July 20, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-17609 Filed 7-25-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9779] RIN 1545-BM63 Property Transferred in Connection With the Performance of Services AGENCY:

    Internal Revenue Service, Department of Treasury.

    ACTION:

    Final regulations.

    SUMMARY:

    This document contains final regulations relating to property transferred in connection with the performance of services. These final regulations affect certain taxpayers who receive property transferred in connection with the performance of services and make an election to include the value of substantially nonvested property in income in the year of transfer.

    DATES:

    Effective Date: These regulations are effective on July 26, 2016.

    Applicability Date: For dates of applicability, see § 1.83-2(g).

    FOR FURTHER INFORMATION CONTACT:

    Thomas Scholz or Michael Hughes at (202) 317-5600 (not a toll-free number).

    SUPPLEMENTARY INFORMATION: Background

    Section 83 of the Internal Revenue Code (Code) addresses the tax consequences of a transfer of property in connection with the performance of services. Section 83(a) of the Code provides generally that the excess of the fair market value of the transferred property (determined without regard to any restriction other than a restriction which by its terms will never lapse) as of the first time that the transferee's rights in the property are transferable or are not subject to a substantial risk of forfeiture, whichever occurs earlier, over the amount (if any) paid for the property is included in the service provider's gross income for the taxable year which includes such time. Section 83(b) and § 1.83-2(a) permit the service provider to elect to include in gross income, as compensation for services, the excess (if any) of the fair market value of the property at the time of transfer over the amount (if any) paid for the property. Under section 83(b)(2), an election under section 83(b) must be made in accordance with the regulations thereunder. Under § 1.83-2(c), the election must be filed with the IRS no later than 30 days after the date on which the property is transferred, and a copy of the election must be submitted with the taxpayer's income tax return for the taxable year in which the property is transferred.

    On July 17, 2015, the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) published a notice of proposed rulemaking (REG-135524-14) in the Federal Register (137 FR 42439) under section 83 of the Code eliminating the requirement that a copy of a section 83(b) election be submitted with the taxpayer's income tax return for the taxable year in which the property is transferred. Treasury and the IRS received no comments responding to the notice of proposed rulemaking. No public hearing was requested and no public hearing was held. Treasury and the IRS now adopt the proposed regulations as final regulations without modification.

    Explanation of Provisions

    These final regulations remove the second sentence in § 1.83-2(c) of the existing regulations, which requires that a taxpayer submit a copy of a section 83(b) election with the taxpayer's tax return for the year in which the property subject to the election was transferred. Accordingly, under these final regulations, a taxpayer is no longer required to file a copy of a section 83(b) election with the taxpayer's income tax return.

    Taxpayers are reminded of their general recordkeeping responsibilities pursuant to section 6001 of the Code, and more specifically of the need to keep records that show the basis of property owned by the taxpayer. Taxpayers must maintain sufficient records to show the original cost of the property and to support the tax treatment of the property transfer reported on the taxpayers' returns. Taxpayers must keep these records as long as they may be needed for the administration of any provision of the Code. Generally, this means records that support items shown on a return must be retained until the period of limitations for that return expires. See section 6501 of the Code. A copy of any section 83(b) election made with respect to property must be kept until the period of limitations expires for any return with respect to which the income inclusion or basis of the property is relevant.

    Applicability Date

    These regulations apply to property transferred on or after January 1, 2016. For transfers of property on or after January 1, 2015 and prior to January 1, 2016, the preamble to the proposed regulations provides that taxpayers may rely on the guidance in the proposed regulations (which is identical to the guidance contained in these final regulations).

    Effect on Other Documents

    Rev. Proc. 2012-29 (IRB 2012-28, 49) states that a taxpayer making a section 83(b) election must submit a copy of the election with his or her tax return for the taxable year in which such property was transferred. Effective as of July 26, 2016, Rev. Proc. 2012-29 is revoked, in part, to the extent it requires, inconsistent with these final regulations, a taxpayer to submit a copy of a section 83(b) election with his or her income tax return.

    Statement of Availability of IRS Documents

    Rev. Proc. 2012-29 is published in the Internal Revenue Bulletin (or Cumulative Bulletin) and is available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, or by visiting the IRS Web site at http://www.irs.gov.

    Special Analyses

    Certain IRS regulations, including this one, are exempt from the requirements of Executive Order 12866, as supplemented and reaffirmed by Executive Order 13563. Therefore, a regulatory impact assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations, and because the regulations do not impose a collection of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Code, these regulations have been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on their impact on small business.

    Drafting Information

    The principal authors of these final regulations are Thomas Scholz and Michael Hughes, Office of the Associate Chief Counsel (Tax Exempt and Government Entities). However, other personnel from the IRS and the Treasury participated in their development.

    List of Subjects 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

    Adoption of Amendments to the Regulations

    Accordingly, 26 CFR part 1 is amended as follows:

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

    26 U.S.C. 7805 * * *

    Par. 2. Section 1.83-2 is amended by revising paragraph (c) and adding paragraph (g) to read as follows:
    § 1.83-2 Election to include in gross income in year of transfer.

    (c) Manner of making election. The election referred to in paragraph (a) of this section is made by filing one copy of a written statement with the internal revenue office with which the person who performed the services files his return.

    (g) Effective/applicability date. Paragraph (c) of this section applies to property transferred on or after January 1, 2016.

    John M. Dalrymple, Deputy Commissioner for Services and Enforcement. Approved: April 20, 2016. Mark J. Mazur, Assistant Secretary of the Treasury (Tax Policy).
    [FR Doc. 2016-17591 Filed 7-25-16; 8:45 am] BILLING CODE 4830-01-P
    DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Parts 1910, 1915, and 1926 [Docket No. OSHA-2010-0034] RIN 1218-AB70 Occupational Exposure to Respirable Crystalline Silica; Approval of Collections of Information AGENCY:

    Occupational Safety and Health Administration (OSHA), Department of Labor.

    ACTION:

    Final rule; Office of Management and Budget's (OMB) approval of collections of information.

    SUMMARY:

    This rule is a technical amendment announcing that OMB has approved the collections of information contained in OSHA's standards for Occupational Exposure to Respirable Crystalline Silica and revising OSHA's regulations to reflect that approval. The OMB approval number is 1218-0266.

    DATES:

    Effective July 26, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Todd Owen, OSHA, Directorate of Standards and Guidance, Room N-3609, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-2222.

    SUPPLEMENTARY INFORMATION:

    OSHA published a final rule for the Occupational Exposure to Respirable Crystalline Silica standards on March 25, 2016 (81 FR 16286), after determining that employees exposed to respirable crystalline silica at the previous permissible exposure limits face a significant risk of material impairment to their health. The evidence in the record for this rulemaking indicates that workers exposed to respirable crystalline silica are at increased risk of developing silicosis and other nonmalignant respiratory diseases, lung cancer, and kidney disease. These requirements are necessary to provide protection from these hazards. The silica final rule becomes effective on June 23, 2016. Start-up dates for specific provisions are set in § 1910.1053(l) for general industry and maritime and in § 1926.1153(k) for construction.

    Consistent with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501-3520), the Federal Register notice for the Occupational Exposure to Respirable Crystalline Silica final rule states that employers do not have to comply with the collections of information until OMB approves those collections of information and the Department of Labor publishes a notice in the Federal Register announcing this approval and the control number assigned by OMB to the final rule's collections of information. Under 5 CFR 1320.5(b), an agency may not conduct or sponsor a collection of information unless: (1) The collection of information displays a current valid OMB control number and (2) the agency informs members of the public required to respond to the collection of information that they are not required to do so unless the agency displays a currently valid OMB control number for the collection of information.

    On March 25, 2016, the Department of Labor submitted an information collection request for the final rule to OMB for approval in accordance with the PRA. On June 27, 2016, OMB approved the collections of information contained in the final rule and assigned these collections of information OMB Control Number 1218-0266, titled “Respirable Crystalline Silica Standards for General Industry, Shipyard Employment and Marine Terminals (29 CFR 1910.1053) and Construction (29 CFR 1926.1053).” The approval for collecting the information expires on June 30, 2019.

    This revision of § 1910.8, § 1915.8 and § 1926.5 is a technical amendment to increase public awareness of OMB's approval of the collections of information. Opportunity for public comment on this rule is therefore unnecessary. The Agency notes that the public has already had the opportunity to comment on the collections of information and OMB has approved them.

    The final Occupational Exposure to Respirable Crystalline Silica standards impose new collections of information for purposes of the PRA. The collections of information in the rule are needed to assist employers in identifying and controlling exposures to respirable crystalline silica in the workplace, and to address adverse health effects related to respirable crystalline silica. OSHA will also use records developed in response to these standards to determine compliance with OSHA standards.

    The table below identifies the new collections of information contained in the final rule.

    Collection of Information Requirements in the Final Standard Exposure assessment—General 29 CFR 1910.1053(d)(1), 29 CFR 1926.1153(c)(1), 29 CFR 1926.1153(d), and 29 CFR 1926.1153(d)(2)(i). Exposure assessment—Performance option 29 CFR 1910.1053(d)(2) and 29 CFR 1926.1153(d)(2)(ii). Exposure assessment—Scheduled monitoring option 29 CFR 1910.1053(d)(3)(i), 29 CFR 1910.1053(d)(3)(iii)-(d)(3)(v), 29 CFR 1926.1153(d)(2)(iii)(A), and 29 CFR 1926.1153(d)(2)(iii)(C)-(E). Exposure assessment—Reassessment of exposures 29 CFR 1910.1053(d)(4) and 29 CFR 1926.1153(d)(2)(iv). Exposure assessment—Notifying each affected employee in writing of the monitoring results or posting the results 29 CFR 1910.1053(d)(6)(i) and 29 CFR 1926.1153(d)(2)(vi)(A). Exposure assessment—Describing corrective actions being taken to reduce employee exposure to or below the PEL in the written notification when an exposure assessment indicates that that employee exposure is above the PEL 29 CFR 1910.1053(d)(6)(ii) and 29 CFR 1926.1153(d)(2)(vi)(B). Written exposure control plan—Establishing and implementing a written exposure control plan 29 CFR 1910.1053(f)(2)(i), 29 CFR 1910.1053(f)(2)(i)(A)-(C), 29 CFR 1926.1153(g)(1), and 29 CFR 1926.1153(g)(1)(i)-(iv). Written exposure control plan—Reviewing and evaluating the effectiveness of the written exposure control plan annually and updating it as necessary 29 CFR 1910.1053(f)(2)(ii) and 29 CFR 1926.1153(g)(2). Written exposure control plan—Making the written exposure control plan readily available for examination and copying 29 CFR 1910.1053(f)(2)(iii) and 29 CFR 1926.1153(g)(3). Methods of compliance—Compliance with 29 CFR part 1915 Subpart I 29 CFR 1910.1053(f)(3). Respiratory protection—Instituting a respiratory protection program in accordance with 29 CFR 1910.134 29 CFR 1910.1053(g)(2) and 29 CFR 1926.1153(e)(2). Medical surveillance—Implementing medical surveillance of employees 29 CFR 1910.1053(i)(1)(i), 29 CFR 1910.1053(i)(2), 29 CFR 1910.1053(i)(2)(i)-(i)(2)(vi), 29 CFR 1910.1053(i)(3), 29 CFR 1910.1053(i)(7)(i), 29 CFR 1926.1153(h)(1)(i), 29 CFR 1926.1153(h)(2), 29 CFR 1926.1153(h)(2)(i)-(h)(2)(vi), 29 CFR 1926.1153(h)(3), and 29 CFR 1926.1153(h)(7)(i). Medical surveillance—Ensuring that the physician or other licensed health care professional (PLHCP), or specialist, has certain specified information 29 CFR 1910.1053(i)(4), 29 CFR 1910.1053(i)(4)(i)-(iv), 29 CFR 1910.1053(i)(7)(ii), 29 CFR 1926.1153(h)(4), 29 CFR 1926.1153(h)(4)(i)-(iv), and 29 CFR 1926.1153(h)(7)(ii). Medical surveillance—Ensuring that the PLHCP, or specialist, explains to the employee the results of the medical examination and provides each employee with a copy of their written medical report 29 CFR 1910.1053(i)(5), 29 CFR 1910.1053(i)(5)(i)-(iv), 29 CFR 1910.1053(i)(7)(iii), 29 CFR 1926.1153(h)(5), 29 CFR 1926.1153(h)(5)(i)-(iv), and 29 CFR 1926.1153(h)(7)(iii). Medical surveillance—Obtaining a written medical opinion from the PLHCP, or specialist, and ensuring that each employee receives a copy of the PLHCP's written medical opinion 29 CFR 1910.1053(i)(6)(i), 29 CFR 1910.1053(i)(6)(i)(A)-(C), 29 CFR 1910.1053(i)(6)(ii)(A)-(B), 29 CFR 1910.1053(i)(6)(iii), 29 CFR 1910.1053(i)(7)(iv), 29 CFR 1926.1153(h)(6)(i), 29 CFR 1926.1153(h)(6)(i)(A)-(C), 29 CFR 1926.1153(h)(6)(ii)(A)-(B), 29 CFR 1926.1153(h)(6)(iii), and 29 CFR 1926.1153(h)(7)(iv). Hazard communication—Including respirable crystalline silica in the program established to comply with the hazard communication standard (29 CFR 1910.1200) and ensuring that each employee has access to labels on containers of crystalline silica and safety data sheets 29 CFR 1910.1053(j)(1) and 29 CFR 1926.1153(i)(1). Making and maintaining air monitoring data and objective data records and medical surveillance records for specific periods 29 CFR 1910.1053(k)(1)(i), 29 CFR 1910.1053(k)(1)(ii), 29 CFR 1910.1053(k)(1)(ii)(A)-(G), 29 CFR 1910.1053(k)(2)(i), 29 CFR 1910.1053(k)(2)(ii), 29 CFR 1910.1053(k)(2)(ii)(A)-(E), 29 CFR 1910.1053(k)(3)(i), 29 CFR 1910.1053(k)(3)(ii), 29 CFR 1910.1053(k)(3)(ii)(A)-(C), 29 CFR 1926.1153(j)(1)(i), 29 CFR 1926.1153(j)(1)(ii), 29 CFR 1926.1153(j)(1)(ii)(A)-(G), 29 CFR 1926.1153(j)(2)(i), 29 CFR 1926.1153(j)(2)(ii), 29 CFR 1926.1153(j)(2)(ii)(A)-(E) 29 CFR 1926.1153(j)(3)(i), 29 CFR 1926.1153(j)(3)(ii), and 29 CFR 1926.1153(j)(3)(ii)(A)-(C). Recordkeeping—Making air monitoring data, objective data, and medical surveillance records available 29 CFR 1910.1053(k)(1)(iii), 29 CFR 1910.1053(k)(2)(iii), 29 CFR 1910.1053(k)(3)(iii), 29 CFR 1926.1153(j)(1)(iii), 29 CFR 1926.1153(j)(2)(iii), and 29 CFR 1926.1153(j)(3)(iii).

    Title: Respirable Crystalline Silica Standards for General Industry, Shipyard Employment and Marine Terminals and Construction.

    Affected Public: Business or other for-profits.

    Number of Respondents: 682,581 firms.

    Frequency: Biennially; Once; Semi-annually; On occasion; Annually; Quarterly.

    Average Time per Response: Varies from 5 minutes for the employer to make air-monitoring data, objective data and medical surveillance records available to employees to 16 hours for a large employer to develop a written exposure control plan.

    Estimated Total Burden Hours: 12,118,364 hours.

    Estimated Costs (Operation and Maintenance): $394 million.

    Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this document. The authority for this document is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order 1-2012 (77 FR 3912 (January 25, 2012)).

    Signed at Washington, DC, on July 15, 2016. David Michaels, Assistant Secretary of Labor for Occupational Safety and Health.

    For the reasons stated in the preamble, the Occupational Safety and Health Administration amends 29 CFR parts 1910, 1915, and 1926 as follows:

    PART 1910—[AMENDED] 1. The authority citation for part 1910 continues to read as follows: Authority:

    29 U.S.C. 653, 655, 657; Secretary of Labor's Order Numbers 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31159), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable.

    Sections 1910.6, 1910.7, 1910.8 and 1910.9 also issued under 29 CFR 1911. Section 1910.7(f) also issued under 31 U.S.C. 9701, 29 U.S.C. 9a, 5 U.S.C. 553; Public Law 106-113 (113 Stat. 1501A-222); Public Law 11-8 and 111-317; and OMB Circular A-25 (dated July 8, 1993) (58 FR 38142, July 15, 1993).

    Subpart A—General 2. Amend § 1910.8 by adding to the table, in the proper numerical sequence, the entry “1910.1053” to read as follows:
    § 1910.8 OMB control numbers under the Paperwork Reduction Act. 29 CFR citation OMB control No. *    *    *    * 1910.1053 1218-0266 *    *    *    *
    PART 1915—[AMENDED] 3. The authority citation for part 1915 continues to read as follows: Authority:

    Section 41, Longshore and Harbor Workers' Compensation Act (33 U.S.C. 941); Sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable; 29 CFR part 1911.

    Subpart A—General 4. Amend § 1915.8 by adding to the table, in the proper numerical sequence, the entry “1915.1053” to read as follows:
    § 1915.8 OMB control numbers under the Paperwork Reduction Act. 29 CFR citation OMB control No. *    *    *    * 1915.1053 1218-0266 *    *    *    *
    PART 1926—[AMENDED] 5. The authority citation for part 1926 continues to read as follows: Authority:

    40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657; Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90 (55 FR 9033), 6-96 (62 FR 111), 3-2000 (65 FR 50017), 5-2002 (67 FR 65008), or 5-2007 (72 FR 31160), 5-2007 (72 FR 31160), 4-2010 (75 FR 55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.

    Subpart A—General 6. Amend § 1926.5 by adding to the table, in the proper numerical sequence, the entry “1926.1153” to read as follows:
    § 1926.5 OMB control numbers under the Paperwork Reduction Act. 29 CFR citation OMB control No. *    *    *    * 1926.1153 1218-0266 *    *    *    *
    [FR Doc. 2016-17270 Filed 7-25-16; 8:45 am] BILLING CODE 4510-26-P
    POSTAL SERVICE 39 CFR Part 111 Enterprise Payment System and Enterprise P.O. Boxes Online AGENCY:

    Postal ServiceTM.

    ACTION:

    Interim final rule with request for comments.

    SUMMARY:

    The Postal Service is revising Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM®) to provide an enhanced method for commercial customers to pay for and manage their services online using a single account.

    DATES:

    Effective date: September 6, 2016.

    Comment deadline: Comments must be received on or before August 26, 2016.

    ADDRESSES:

    Mail or deliver written comments to the manager, Product Classification, U.S. Postal Service®, 475 L'Enfant Plaza SW., Room 4446, Washington, DC 20260-5015. If sending comments by email, include the name and address of the commenter and send to [email protected], with a subject line of “Enterprise P.O. Box Online System.” Faxed comments are not accepted. You may inspect and photocopy all written comments, by appointment only, at USPS® Headquarters Library, 475 L'Enfant Plaza SW., 11th Floor North, Washington, DC 20260. These records are available for review on Monday through Friday, 9 a.m.-4 p.m., by calling 202-268-2906.

    FOR FURTHER INFORMATION CONTACT:

    Ingrid Molinary at (202) 268-4138 or Jacqueline Erwin at (202) 268-2158.

    SUPPLEMENTARY INFORMATION:

    The Postal Service continues to seek opportunities to work with mailers to improve products and services. Therefore, we have established a method for commercial customers to pay for and manage their services online using a single account.

    The U.S. Postal Service is upgrading its payment architecture for business customers. The new Enterprise Payment System (EPS) will replace the current product-centric payment system with a centralized account management system enabling commercial customers to pay for and manage their services online using a single account.

    EPS has been designed to be part of USPS products and services offered through the existing Business Customer Gateway (BCG) portal. Commercial customers who want to use EPS will need to be a registered BCG user, request access to EPS and open an Enterprise Payment Account (EPA) to pay for their products and services. EPA requires that the customers fund the account via Electronic Funds Transfer—either Automated Clearing House (ACH) Debit or ACH Credit.

    The first feature of EPS will allow business customers to open, close, and pay for their P.O. Boxes and Caller Service numbers (including reserved numbers) online using the new Enterprise P.O. Boxes Online (EPOBOL). EPS customers are required to have an EPA to pay for EPOBOL service. Future phases of EPS will provide commercial customers functionality to pay for additional services.

    List of Subjects in 39 CFR Part 111

    Administrative practice and procedure, Postal Service.

    The Postal Service adopts the following changes to Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM), incorporated by reference in the Code of Federal Regulations. See 39 CFR 111.1.

    Accordingly, 39 CFR part 111 is amended as follows:

    PART 111—[AMENDED] 1. The authority citation for 39 CFR part 111 continues to read as follows: Authority:

    5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-1737; 39 U.S.C. 101, 401, 403, 404, 414, 416, 3001-3011, 3201-3219, 3403-3406, 3621, 3622, 3626, 3632, 3633, and 5001.

    2. Revise the following sections of Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM), as follows: Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM) 500 Additional Mailing Services 508 Recipient Services 4.0 Post Office Box Service 4.4 Basis of Fees and Payment 4.4.3 Payment [Revise third sentence and add e to text in 4.4.3 as follows:]

    * * * Customers may pay the fee using one of the following methods:

    * * * e. Online using an Enterprise Payment Account (EPA) when business customers are registered at the Enterprise P.O. Boxes Online (EPOBOL) system. The EPA with automatic yearly renewal (at twice the semi-annual fee) is the required payment method for EPOBOL customers.

    5.0 Caller Service 5.5 Basis of Fees and Payment 5.5.5 Payment [Add text at the end of 5.5.5 as follows:]

    * * * Registered customers may also pay the fee online using an Enterprise Payment Account (EPA). The EPA with automatic yearly renewal (at twice the semi-annual fee) is the required payment method for EPOBOL customers.

    Stanley F. Mires, Attorney, Federal Compliance.
    [FR Doc. 2016-17425 Filed 7-25-16; 8:45 am] BILLING CODE 7710-12-P
    POSTAL REGULATORY COMMISSION 39 CFR Part 3020 [Docket Nos. MC2010-21 and CP2010-36] Update to Product Lists AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Final rule.

    SUMMARY:

    The Commission is updating the product lists. This action reflects a publication policy adopted by Commission order. The referenced policy assumes periodic updates. The updates are identified in the body of this document. The product list, which is republished in its entirety, includes these updates.

    DATES:

    Effective Date: July 26, 2016.

    Applicability Dates: April 6, 2016, Priority Mail Contract 201 (MC2016-108 and CP2016-136); April 6, 2016, Priority Mail Contract 202 (MC2016-109 and CP2016-137); April 6, 2016, First-Class Package Service Contract 48 (MC2016-111 and CP2016-139); April 6, 2016, Priority Mail & First-Class Package Service Contract 17 (MC2016-112 and CP2016-140); April 7, 2016, Priority Mail Contract 203 (MC2016-110 and CP2016-138); April 8, 2016, Priority Mail & Parcel Select Contract 1 (MC2016-113 and CP2016-141); April 11, 2016, Priority Mail Contract 205 (MC2016-115 and CP2016-146); April 11, 2016, First-Class Package Service Contract 50 (MC2016-117 and CP2016-148); April 11, 2016, Priority Mail Contract 204 (MC2016-114 and CP2016-145); April 11, 2016, First-Class Package Service Contract 49 (MC2016-116 and CP2016-147); April 19, 2016, First-Class Package Service Contract 51 (MC2016-119 and CP2016-149); April 19, 2016, Priority Mail Express & Priority Mail Contract 29 (MC2016-120 and CP2016-150); April 27, 2016, Priority Mail Contract 206 (MC2016-121 and CP2016-154); April 27, 2016, Priority Mail Contract 207 (MC2016-122 and CP2016-155); April 29, 2016, Priority Mail Contract 208 (MC2016-123 and CP2016-156); May 10, 2016, Priority Mail Contract 211 (MC2016-126 and CP2016-160); May 10, 2016, Priority Mail Contract 213 (MC2016-128 and CP2016-162); May 10, 2016, Priority Mail Contract 209 (MC2016-124 and CP2016-158); May 10, 2016, Priority Mail Contract 210 (MC2016-125 and CP2016-159); May 10, 2016, Priority Mail Contract 212 (MC2016-127 and CP2016-161); May 10, 2016, Priority Mail & First-Class Package Service Contract 18 (MC2016-129 and CP2016-163); May 10, 2016, First-Class Package Service Contract 52 (MC2016-130 and CP2016-164); May 25, 2016, Market Test of Global eCommerce Marketplace (GEM) Merchant (MT2016-1); June 2, 2016, Priority Mail Contract 217 (MC2016-134 and CP2016-171); June 2, 2016, Priority Mail Contract 218 (MC2016-135 and CP2016-172); June 2, 2016, Priority Mail Contract 219 (MC2016-136 and CP2016-173); June 2, 2016, Priority Mail Contract 216 (MC2016-133 and CP2016-170); June 3, 2016, First-Class Package Service Contract 54 (MC2016-141 and CP2016-178); June 3, 2016, Priority Mail & First-Class Package Service Contract 19 (MC2016-142 and CP2016-179); June 3, 2016, Priority Mail Express Contract 37 (MC2016-139 and CP2016-176); June 3, 2016, First-Class Package Service Contract 53 (MC2016-140 and CP2016-177); June 3, 2016, Priority Mail Contract 215 (MC2016-132 and CP2016-169); June 3, 2016, Priority Mail Express Contract 36 (MC2016-138 and CP2016-175); June 6, 2016, Priority Mail Contract 221 (MC2016-144 and CP2016-181); June 6, 2016, Priority Mail Contract 222 (MC2016-145 and CP2016-182); June 6, 2016, First-Class Package Service Contract 55 (MC2016-148 and CP2016-185); June 6, 2016, Priority Mail Contract 220 (MC2016-143 and CP2016-180); June 6, 2016, Priority Mail Contract 223 (MC2016-146 and CP2016-183); June 6, 2016, Parcel Select Contract 16 (MC2016-147 and CP2016-184); Parcel Select Contract 15 (MC2016-137 and CP2016-174); Global Expedited Package Services 6 Contracts (MC2016-149 and CP2016-188); Priority Mail Contract 224 (MC2016-150 and CP2016-190); Priority Mail Contract 225 (MC2016-151 and CP2016-191); Global Plus 3 Contracts (MC2016-152 and CP2016-196); First-Class Package Service Contract 57 (MC2016-155 and CP2016-218); First-Class Package Service Contract 56 (MC2016-154 and CP2016-217); Global Plus 1D (CP2016-193); Priority Mail Contract 227 (MC2016-156 and CP2016-219); Priority Mail Contract 226 (MC2016-153 and CP2016-216).

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6800.

    SUPPLEMENTARY INFORMATION:

    This document identifies updates to the product list, which appears as 39 CFR Appendix B to Subpart A of Part 3020—Competitive Product List. Publication of the updated product list in the Federal Register is addressed in the Postal Accountability and Enhancement Act (PAEA) of 2006.

    Authorization. The Commission process for periodic publication of updates was established in Docket Nos. MC2010-21 and CP2010-36, Order No. 445, April 22, 2010, at 8.

    Changes. The product list is being updated by publishing a replacement in its entirety of 39 CFR Appendix B to Subpart A of Part 3020—Competitive Product List. The following products are being added, removed, or moved within the product list:

    1. Priority Mail Contract 201 (MC2016-108 and CP2016-136) (Order No. 3215), added April 6, 2016.

    2. Priority Mail Contract 202 (MC2016-109 and CP2016-137) (Order No. 3217), added April 6, 2016.

    3. First-Class Package Service Contract 48 (MC2016-111 and CP2016-139) (Order No. 3218), added April 6, 2016.

    4. Priority Mail & First-Class Package Service Contract 17 (MC2016-112 and CP2016-140) (Order No. 3219), added April 6, 2016.

    5. Priority Mail Contract 203 (MC2016-110 and CP2016-138) (Order No. 3221), added April 7, 2016.

    6. Priority Mail & Parcel Select Contract 1 (MC2016-113 and CP2016-141) (Order No. 3222), added April 8, 2016.

    7. Priority Mail Contract 205 (MC2016-115 and CP2016-146) (Order No. 3228), added April 11, 2016.

    8. First-Class Package Service Contract 50 (MC2016-117 and CP2016-148) (Order No. 3229), added April 11, 2016.

    9. Priority Mail Contract 204 (MC2016-114 and CP2016-145) (Order No. 3230), added April 11, 2016.

    10. First-Class Package Service Contract 49 (MC2016-116 and CP2016-147) (Order No. 3232), added April 11, 2016.

    11. First-Class Package Service Contract 51 (MC2016-119 and CP2016-149) (Order No. 3251), added April 19, 2016.

    12. Priority Mail Express & Priority Mail Contract 29 (MC2016-120 and CP2016-150) (Order No. 3252), added April 19, 2016.

    13. Priority Mail Contract 206 (MC2016-121 and CP2016-154) (Order No. 3262), added April 27, 2016.

    14. Priority Mail Contract 207 (MC2016-122 and CP2016-155) (Order No. 3265), added April 27, 2016.

    15. Priority Mail Contract 208 (MC2016-123 and CP2016-156) (Order No. 3267), added April 29, 2016.

    16. Priority Mail Contract 211 (MC2016-126 and CP2016-160) (Order No. 3281), added May 10, 2016.

    17. Priority Mail Contract 213 (MC2016-128 and CP2016-162) (Order No. 3283), added May 10, 2016.

    18. Priority Mail Contract 209 (MC2016-124 and CP2016-158) (Order No. 3285), added May 10, 2016.

    19. Priority Mail Contract 210 (MC2016-125 and CP2016-159) (Order No. 3286), added May 10, 2016.

    20. Priority Mail Contract 212 (MC2016-127 and CP2016-161) (Order No. 3287), added May 10, 2016.

    21. Priority Mail & First-Class Package Service Contract 18 (MC2016-129 and CP2016-163) (Order No. 3288), added May 10, 2016.

    22. First-Class Package Service Contract 52 (MC2016-130 and CP2016-164) (Order No. 3289), added May 10, 2016.

    23. Market Test of Global eCommerce Marketplace (GEM) Merchant (MT2016-1) (Order No. 3319), added May 25, 2016.

    24. Priority Mail Contract 217 (MC2016-134 and CP2016-171) (Order No. 3336), added June 2, 2016.

    25. Priority Mail Contract 218 (MC2016-135 and CP2016-172) (Order No. 3337), added June 2, 2016.

    26. Priority Mail Contract 219 (MC2016-136 and CP2016-173) (Order No. 3338), added June 2, 2016.

    27. Priority Mail Contract 216 (MC2016-133 and CP2016-170) (Order No. 3340), added June 2, 2016.

    28. First-Class Package Service Contract 54 (MC2016-141 and CP2016-178) (Order No. 3341), added June 3, 2016.

    29. Priority Mail & First-Class Package Service Contract 19 (MC2016-142 and CP2016-179) (Order No. 3342), added June 3, 2016.

    30. Priority Mail Express Contract 37 (MC2016-139 and CP2016-176) (Order No. 3343), added June 3, 2016.

    31. First-Class Package Service Contract 53 (MC2016-140 and CP2016-177) (Order No. 3344), added June 3, 2016.

    32. Priority Mail Contract 215 (MC2016-132 and CP2016-169) (Order No. 3345), added June 3, 2016.

    33. Priority Mail Express Contract 36 (MC2016-138 and CP2016-175) (Order No. 3346), added June 3, 2016.

    34. Priority Mail Contract 221 (MC2016-144 and CP2016-181) (Order No. 3350), added June 6, 2016.

    35. Priority Mail Contract 222 (MC2016-145 and CP2016-182) (Order No. 3351), added June 6, 2016.

    36. First-Class Package Service Contract 55 (MC2016-148 and CP2016-185) (Order No. 3352), added June 6, 2016.

    37. Priority Mail Contract 220 (MC2016-143 and CP2016-180) (Order No. 3353), added June 6, 2016.

    38. Priority Mail Contract 223 (MC2016-146 and CP2016-183) (Order No. 3354), added June 6, 2016.

    39. Parcel Select Contract 16 (MC2016-147 and CP2016-184) (Order No. 3355), added June 6, 2016.

    40. Parcel Select Contract 15 (MC2016-137 and CP2016-174) (Order No. 3363), added June 8, 2016.

    41. Global Expedited Package Services 6 Contracts (MC2016-149 and CP2016-188) (Order No. 3365), added June 14, 2016.

    42. Priority Mail Contract 224 (MC2016-150 and CP2016-190) (Order No. 3367), added June 14, 2016.

    43. Priority Mail Contract 225 (MC2016-151 and CP2016-191) (Order No. 3368), added June 14, 2016.

    44. Global Plus 3 Contracts (MC2016-152 and CP2016-196) (Order No. 3378), added June 21, 2016.

    45. First-Class Package Service Contract 57 (MC2016-155 and CP2016-218) (Order No. 3390), added June 28, 2016.

    46. First-Class Package Service Contracts 56 (MC2016-154 and CP2016-217) (Order No. 3391), added June 28, 2016.

    47. Global Plus 1D (CP2016-193) (Order No. 3395), added June 29, 2016.

    48. Priority Mail Contract 227 (MC2016-156 and CP2016-219) (Order No. 3397), added June 29, 2016.

    49. Priority Mail Contract 226 (MC2016-153 and CP2016-216) (Order No. 3399), added June 30, 2016.

    The following negotiated service agreements have expired and are being deleted from the Competitive Product List:

    1. Priority Mail Contract 29 (MC2011-3 and CP2011-4) (Order No. 574).

    2. Priority Mail Contract 56 (MC2013-42 and CP2013-55) (Order No. 1695).

    3. Priority Mail Contract 57 (MC2013-43 and CP2013-56) (Order No. 1696).

    4. Priority Mail Contract 58 (MC2013-47 and CP2013-61) (Order No. 1712).

    5. Priority Mail Express Contract 15 (MC2013-50 and CP2013-63) (Order No. 1729).

    Updated product list. The referenced changes to the product list is incorporated into 39 CFR Appendix B to Subpart A of Part 3020—Competitive Product List.

    List of Subjects in 39 CFR Part 3020

    Administrative practice and procedure, Postal Service.

    For the reasons discussed in the preamble, the Postal Regulatory Commission amends chapter III of title 39 of the Code of Federal Regulations as follows:

    PART 3020—PRODUCT LIST 1. The authority citation for part 3020 continues to read as follows: Authority:

    39 U.S.C. 503; 3622; 3631; 3642; 3682.

    2. Revise Appendix B to Subpart A of Part 3020—Competitive Product List to read as follows: Appendix B to Subpart A of Part 3020—Competitive Product List (An asterisk (*) indicates an organizational class or group, not a Postal Service product.) Domestic Products* Priority Mail Express Priority Mail Parcel Select Parcel Return Service First-Class Package Service Retail Ground International Products* Outbound International Expedited Services Inbound Parcel Post (at UPU rates) Outbound Priority Mail International International Priority Airmail (IPA) International Surface Air List (ISAL) International Direct Sacks—M-Bags Outbound Single-Piece First-Class Package International Service Negotiated Service Agreements* Domestic* Priority Mail Express Contract 8 Priority Mail Express Contract 16 Priority Mail Express Contract 17 Priority Mail Express Contract 18 Priority Mail Express Contract 19 Priority Mail Express Contract 20 Priority Mail Express Contract 21 Priority Mail Express Contract 22 Priority Mail Express Contract 23 Priority Mail Express Contract 24 Priority Mail Express Contract 25 Priority Mail Express Contract 26 Priority Mail Express Contract 27 Priority Mail Express Contract 28 Priority Mail Express Contract 29 Priority Mail Express Contract 30 Priority Mail Express Contract 31 Priority Mail Express Contract 32 Priority Mail Express Contract 33 Priority Mail Express Contract 34 Priority Mail Express Contract 35 Priority Mail Express Contract 36 Priority Mail Express Contract 37 Parcel Return Service Contract 5 Parcel Return Service Contract 6 Parcel Return Service Contract 7 Parcel Return Service Contract 8 Parcel Return Service Contract 9 Parcel Return Service Contract 10 Priority Mail Contract 24 Priority Mail Contract 59 Priority Mail Contract 60 Priority Mail Contract 61 Priority Mail Contract 62 Priority Mail Contract 63 Priority Mail Contract 64 Priority Mail Contract 65 Priority Mail Contract 66 Priority Mail Contract 67 Priority Mail Contract 70 Priority Mail Contract 71 Priority Mail Contract 72 Priority Mail Contract 73 Priority Mail Contract 74 Priority Mail Contract 75 Priority Mail Contract 76 Priority Mail Contract 77 Priority Mail Contract 78 Priority Mail Contract 79 Priority Mail Contract 80 Priority Mail Contract 81 Priority Mail Contract 82 Priority Mail Contract 83 Priority Mail Contract 84 Priority Mail Contract 85 Priority Mail Contract 86 Priority Mail Contract 87 Priority Mail Contract 88 Priority Mail Contract 89 Priority Mail Contract 90 Priority Mail Contract 91 Priority Mail Contract 92 Priority Mail Contract 93 Priority Mail Contract 94 Priority Mail Contract 95 Priority Mail Contract 96 Priority Mail Contract 97 Priority Mail Contract 98 Priority Mail Contract 99 Priority Mail Contract 100 Priority Mail Contract 101 Priority Mail Contract 102 Priority Mail Contract 103 Priority Mail Contract 104 Priority Mail Contract 105 Priority Mail Contract 106 Priority Mail Contract 107 Priority Mail Contract 108 Priority Mail Contract 109 Priority Mail Contract 110 Priority Mail Contract 111 Priority Mail Contract 112 Priority Mail Contract 113 Priority Mail Contract 114 Priority Mail Contract 115 Priority Mail Contract 116 Priority Mail Contract 117 Priority Mail Contract 118 Priority Mail Contract 119 Priority Mail Contract 120 Priority Mail Contract 121 Priority Mail Contract 122 Priority Mail Contract 123 Priority Mail Contract 124 Priority Mail Contract 125 Priority Mail Contract 126 Priority Mail Contract 127 Priority Mail Contract 128 Priority Mail Contract 129 Priority Mail Contract 130 Priority Mail Contract 131 Priority Mail Contract 132 Priority Mail Contract 133 Priority Mail Contract 134 Priority Mail Contract 135 Priority Mail Contract 136 Priority Mail Contract 137 Priority Mail Contract 138 Priority Mail Contract 139 Priority Mail Contract 140 Priority Mail Contract 141 Priority Mail Contract 142 Priority Mail Contract 143 Priority Mail Contract 144 Priority Mail Contract 145 Priority Mail Contract 146 Priority Mail Contract 147 Priority Mail Contract 148 Priority Mail Contract 149 Priority Mail Contract 150 Priority Mail Contract 151 Priority Mail Contract 152 Priority Mail Contract 153 Priority Mail Contract 154 Priority Mail Contract 155 Priority Mail Contract 156 Priority Mail Contract 157 Priority Mail Contract 158 Priority Mail Contract 159 Priority Mail Contract 160 Priority Mail Contract 161 Priority Mail Contract 162 Priority Mail Contract 163 Priority Mail Contract 164 Priority Mail Contract 165 Priority Mail Contract 166 Priority Mail Contract 167 Priority Mail Contract 168 Priority Mail Contract 169 Priority Mail Contract 170 Priority Mail Contract 171 Priority Mail Contract 172 Priority Mail Contract 173 Priority Mail Contract 174 Priority Mail Contract 175 Priority Mail Contract 176 Priority Mail Contract 177 Priority Mail Contract 178 Priority Mail Contract 179 Priority Mail Contract 180 Priority Mail Contract 181 Priority Mail Contract 182 Priority Mail Contract 183 Priority Mail Contract 184 Priority Mail Contract 185 Priority Mail Contract 186 Priority Mail Contract 187 Priority Mail Contract 188 Priority Mail Contract 189 Priority Mail Contract 190 Priority Mail Contract 191 Priority Mail Contract 192 Priority Mail Contract 193 Priority Mail Contract 194 Priority Mail Contract 195 Priority Mail Contract 196 Priority Mail Contract 197 Priority Mail Contract 198 Priority Mail Contract 199 Priority Mail Contract 200 Priority Mail Contract 201 Priority Mail Contract 202 Priority Mail Contract 203 Priority Mail Contract 204 Priority Mail Contract 205 Priority Mail Contract 206 Priority Mail Contract 207 Priority Mail Contract 208 Priority Mail Contract 209 Priority Mail Contract 210 Priority Mail Contract 211 Priority Mail Contract 212 Priority Mail Contract 213 Priority Mail Contract 215 Priority Mail Contract 216 Priority Mail Contract 217 Priority Mail Contract 218 Priority Mail Contract 219 Priority Mail Contract 220 Priority Mail Contract 221 Priority Mail Contract 222 Priority Mail Contract 223 Priority Mail Contract 224 Priority Mail Contract 225 Priority Mail Contract 226 Priority Mail Contract 227 Priority Mail Express & Priority Mail Contract 10 Priority Mail Express & Priority Mail Contract 12 Priority Mail Express & Priority Mail Contract 13 Priority Mail Express & Priority Mail Contract 14 Priority Mail Express & Priority Mail Contract 16 Priority Mail Express & Priority Mail Contract 17 Priority Mail Express & Priority Mail Contract 18 Priority Mail Express & Priority Mail Contract 19 Priority Mail Express & Priority Mail Contract 20 Priority Mail Express & Priority Mail Contract 21 Priority Mail Express & Priority Mail Contract 22 Priority Mail Express & Priority Mail Contract 23 Priority Mail Express & Priority Mail Contract 24 Priority Mail Express & Priority Mail Contract 25 Priority Mail Express & Priority Mail Contract 26 Priority Mail Express & Priority Mail Contract 27 Priority Mail Express & Priority Mail Contract 28 Priority Mail Express & Priority Mail Contract 29 Parcel Select & Parcel Return Service Contract 3 Parcel Select & Parcel Return Service Contract 5 Parcel Select Contract 2 Parcel Select Contract 5 Parcel Select Contract 7 Parcel Select Contract 8 Parcel Select Contract 9 Parcel Select Contract 10 Parcel Select Contract 11 Parcel Select Contract 12 Parcel Select Contract 13 Parcel Select Contract 14 Parcel Select Contract 15 Parcel Select Contract 16 Priority Mail—Non-Published Rates Priority Mail—Non-Published Rates 1 First-Class Package Service Contract 35 First-Class Package Service Contract 36 First-Class Package Service Contract 37 First-Class Package Service Contract 38 First-Class Package Service Contract 39 First-Class Package Service Contract 40 First-Class Package Service Contract 41 First-Class Package Service Contract 42 First-Class Package Service Contract 43 First-Class Package Service Contract 44 First-Class Package Service Contract 45 First-Class Package Service Contract 46 First-Class Package Service Contract 47 First-Class Package Service Contract 48 First-Class Package Service Contract 49 First-Class Package Service Contract 50 First-Class Package Service Contract 51 First-Class Package Service Contract 52 First-Class Package Service Contract 53 First-Class Package Service Contract 54 First-Class Package Service Contract 55 First-Class Package Service Contract 56 First-Class Package Service Contract 57 Priority Mail Express, Priority Mail & First-Class Package Service Contract 2 Priority Mail Express, Priority Mail & First-Class Package Service Contract 3 Priority Mail Express, Priority Mail & First-Class Package Service Contract 4 Priority Mail Express, Priority Mail & First-Class Package Service Contract 5 Priority Mail Express, Priority Mail & First-Class Package Service Contract 6 Priority Mail Express, Priority Mail & First-Class Package Service Contract 7 Priority Mail Express, Priority Mail & First-Class Package Service Contract 8 Priority Mail Express, Priority Mail & First-Class Package Service Contract 9 Priority Mail & First-Class Package Service Contract 2 Priority Mail & First-Class Package Service Contract 3 Priority Mail & First-Class Package Service Contract 4 Priority Mail & First-Class Package Service Contract 5 Priority Mail & First-Class Package Service Contract 6 Priority Mail & First-Class Package Service Contract 7 Priority Mail & First-Class Package Service Contract 8 Priority Mail & First-Class Package Service Contract 9 Priority Mail & First-Class Package Service Contract 10 Priority Mail & First-Class Package Service Contract 11 Priority Mail & First-Class Package Service Contract 12 Priority Mail & First-Class Package Service Contract 13 Priority Mail & First-Class Package Service Contract 14 Priority Mail & First-Class Package Service Contract 15 Priority Mail & First-Class Package Service Contract 16 Priority Mail & First-Class Package Service Contract 17 Priority Mail & First-Class Package Service Contract 18 Priority Mail & First-Class Package Service Contract 19 Priority Mail & Parcel Select Contract 1 Outbound International* Global Expedited Package Services (GEPS) Contracts GEPS 3 GEPS 5 GEPS 6 Global Bulk Economy (GBE) Contracts Global Plus Contracts Global Plus 1C Global Plus 1D Global Plus 2C Global Plus 3 Global Reseller Expedited Package Contracts Global Reseller Expedited Package Services 1 Global Reseller Expedited Package Services 2 Global Reseller Expedited Package Services 3 Global Reseller Expedited Package Services 4 Global Expedited Package Services (GEPS)—Non-Published Rates Global Expedited Package Services (GEPS)—Non-Published Rates 2 Global Expedited Package Services (GEPS)—Non-Published Rates 3 Global Expedited Package Services (GEPS)—Non-Published Rates 4 Global Expedited Package Services (GEPS)—Non-Published Rates 5 Global Expedited Package Services (GEPS)—Non-Published Rates 6 Global Expedited Package Services (GEPS)—Non-Published Rates 7 Global Expedited Package Services (GEPS)—Non-Published Rates 8 Global Expedited Package Services (GEPS)—Non-Published Rates 9 Global Expedited Package Services (GEPS)—Non-Published Rates 10 Priority Mail International Regional Rate Boxes—Non-Published Rates Outbound Competitive International Merchandise Return Service Agreement with Royal Mail Group, Ltd. Priority Mail International Regional Rate Boxes Contracts Priority Mail International Regional Rate Boxes Contracts 1 Competitive International Merchandise Return Service Agreements with Foreign Postal Operators Competitive International Merchandise Return Service Agreements with Foreign Postal Operators 1 Competitive International Merchandise Return Service Agreements with Foreign Postal Operators 2 Inbound International* International Business Reply Service (IBRS) Competitive Contracts International Business Reply Service Competitive Contract 1 International Business Reply Service Competitive Contract 3 Inbound Direct Entry Contracts with Customers Inbound Direct Entry Contracts with Foreign Postal Administrations Inbound Direct Entry Contracts with Foreign Postal Administrations Inbound Direct Entry Contracts with Foreign Postal Administrations 1 Inbound EMS Inbound EMS 2 Inbound Air Parcel Post (at non-UPU rates) Royal Mail Group Inbound Air Parcel Post Agreement Inbound Competitive Multi-Service Agreements with Foreign Postal Operators Inbound Competitive Multi-Service Agreements with Foreign Postal Operators 1 Special Services* Address Enhancement Services Greeting Cards, Gift Cards, and Stationery International Ancillary Services International Money Transfer Service—Outbound International Money Transfer Service—Inbound Premium Forwarding Service Shipping and Mailing Supplies Post Office Box Service Competitive Ancillary Services Nonpostal Services* Advertising Licensing of Intellectual Property other than Officially Licensed Retail Products (OLRP) Mail Service Promotion Officially Licensed Retail Products (OLRP) Passport Photo Service Photocopying Service Rental, Leasing, Licensing or other Non-Sale Disposition of Tangible Property Training Facilities and Related Services USPS Electronic Postmark (EPM) Program Market Tests* International Merchandise Return Service (IMRS)—Non-Published Rates Customized Delivery Global eCommerce Marketplace (GeM) Stacy L. Ruble, Secretary.
    [FR Doc. 2016-17632 Filed 7-25-16; 8:45 am] BILLING CODE 7710-FW-P
    AGENCY FOR INTERNATIONAL DEVELOPMENT 48 CFR Parts 722, 729, 731, and 752 RIN 0412-AA78 Various Administrative Changes and Clauses to the USAID Acquisition Regulation AGENCY:

    U.S. Agency for International Development.

    ACTION:

    Final rule.

    SUMMARY:

    The U.S. Agency for International Development (USAID) is issuing a final rule amending the Agency for International Development Acquisition Regulation (AIDAR) to maintain consistency with Federal and Agency regulations and incorporate current and new USAID clauses into the regulation.

    DATES:

    Effective Date: August 25, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Lyudmila Bond, Telephone: 202-567-4753 or Email: [email protected]

    SUPPLEMENTARY INFORMATION: A. Background

    USAID published a proposed rule in the Federal Register at 80 FR 69930 on November 12, 2015 soliciting public comments on the inclusion of several agency-specific clauses into the Agency for International Development Acquisition Regulation (AIDAR). The highlights of the changes are as follows:

    • Sections 722.810 and 752.222-71 are added to encourage all USAID contractors performing and recruiting entirely outside the United States to develop and enforce employment nondiscrimination policies with regard to race, color, religion, sex (including pregnancy and gender identity), sexual orientation, marital status, parental status, political affiliation, national origin, disability, age, genetic information, veteran status or any other conduct that does not adversely affect the performance of the employee.

    • New part 729, subpart 729.4, sections 729.204-70 and 752.229-70 require contractors to report the amounts of foreign taxes assessed by a foreign government on commodities financed with U.S. Foreign Assistance funds. The reporting is used to require the countries to reimburse the taxes or duties imposed on U.S. foreign assistance funds and for certain reporting to Congress.

    • Sections 731.205-43 and 752.231-72 are added to mitigate the risk of inappropriate spending, as mandated by Executive Order 13589 “Promoting Efficient Spending” dated November 9, 2011. Contractors are required to obtain USAID written approval prior to committing costs related to USAID-funded conferences that meet the criteria provided in section 731.205-43.

    • New section 752.7036 directs contractors to register with the Implementing Partner Notices (IPN) Portal, where USAID uploads contract modifications that affect multiple awards and provides notices to contractors.

    • Section 752.7037 is added to promote child safeguarding when implementing USAID programs. The clause complements the USAID Counter Trafficking in Persons (C-TIP) Code of Conduct by expanding the range of actions prohibited by USAID to include abuse, exploitation, or neglect of children.

    B. Discussion and Analysis

    One comment was received in response to the proposed rule, which USAID reviewed in the development of the final rule. No other comments were received.

    A discussion of the comment received and the resulting changes are provided as follows:

    Comment: One respondent recommended that USAID clarify the impact of the transfer of the requirements for prior written approval of conference costs from Agency internal policies into the AIDAR section 731.205-43. The respondent correctly pointed out that the intent of including these requirements in section 731.205-43 was to make the costs associated with a conferences meeting the criteria in the subpart unallowable, if the contractor did not obtain the required prior written approval. To minimize potential disagreement between the contractors and the Government, and to mitigate the risk of litigations, the respondent recommended including a statement in the section 731.205-43 to clarify this point. Doing so would also ensure that such costs are expressly unallowable and thus subject to the penalties provided in FAR 42.709.

    Response: We concur with the respondent's recommendation. Based on this public comment, USAID is revising section 731.205-43 to include a new paragraph stating that costs associated with a conference, meeting the criteria in the subpart, are unallowable, when the required prior written approval for such costs is not obtained.

    In addition, the final rule includes the following minor editorial changes from the proposed rule, based on further Agency review and comments from OMB and other agencies:

    • A new paragraph was added to section 731.205-43 to specify that contracting Officers or the contracting officer's representatives will provide conference cost approvals following Agency internal procedures in Automated Directive System (ADS) Chapter 580.

    • The clause at 752.231-72 is revised to make clear that contractors must obtain the required approvals for conferences from the contracting officer or contracting officer's representative.

    • The definition of the universal bilateral modification at 752.3036 has been slightly edited to conform to the plain language requirements.

    • The clause at 752.222-71 is revised for clarity.

    C. Regulatory Planning and Review

    This rule has been determined to be “nonsignificant” under the Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993 and, therefore, is not subject to review. This rule is not a major rule under 5 U.S.C. 804.

    D. Regulatory Flexibility Act

    The rule will not have an impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. Therefore, an Initial Regulatory Flexibility Analysis has not been performed.

    E. Paperwork Reduction Act

    The proposed rule does not establish a new collection of information that requires the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

    List of Subjects in 48 CFR Parts 722, 729, 731, and 752

    Government procurement.

    For the reasons discussed in the preamble, USAID amends 48 CFR chapter 7 as set forth below:

    CHAPTER 7—AGENCY FOR INTERNATIONAL DEVELOPMENT SUBCHAPTER D—SOCIOECONOMIC PROGRAMS PART 722—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION 1. The authority citation for 48 CFR part 722 continues to read as follows: Authority:

    Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR 1979 Comp., p. 435.

    Subpart 722.8—Equal Employment Opportunity
    2. Revise section 722.810 to read as follows:
    722.810 Solicitation provisions and contract clauses.

    (a) The contracting officer must insert the clause at 752.222-70, USAID Disability Policy in section I of all solicitations and resulting contracts.

    (b) The contracting officer must insert the clause at 752.222-71, Nondiscrimination in section I of all solicitations and resulting contracts.

    SUBCHAPTER E—GENERAL CONTRACTING REQUIREMENTS 3. Add part 729 to subchapter E to read as follows: PART 729—TAXES Subpart 729.4—Contract Clauses
    729.402-70 Foreign contracts. Authority:

    Sec. 621, Pub. L. 87-195, 75 Stat. 445 (22 U.S.C. 2381), as amended; E.O. 12163, 44 FR 56673, 3 CFR 1979 Comp., p. 435.

    Subpart 729.4—Contract Clauses
    729.402-70 Foreign contracts.

    (a) Section 579 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of FY 2003 requires certain steps to prevent countries from imposing taxes [defined as Value Added Tax (VAT) or customs duties] on U.S. foreign assistance, or if imposed, requires the countries to reimburse the assessed taxes or duties. The Act also requires certain reporting to Congress. The Department of State has published guidance for implementing this section of the Act. See http://2001-2009.state.gov/s/d/rm/c10443.htm for further information.

    (b) Contracting Officers (COs) must insert the clause at 752.229-71, Reporting of Foreign Taxes in section I of solicitations and resulting contracts that obligate or subobligate FY 2003 or later funds except for the following:

    (1) Contracts funded with Operating Expense, Public Law 83-480 funds, or trust funds; or

    (2) Contracts where there will be no commodity transactions in a foreign country over the amount of $500.

    PART 731—CONTRACT COST PRINCIPLES AND PROCEDURES 4. The authority citation for 48 CFR part 731 continues to read as follows: Authority:

    Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR 1979 Comp., p. 435.

    Subpart 731.2—Contracts With Commercial Organizations
    5. Add section 731.205-43 to read as follows:
    731.205-43 Trade, business, technical and professional activity costs—USAID conference approval requirements.

    (a) The contractor must obtain prior written approval from the contracting officer, or the contracting officer's representative (COR), if delegated in the Contracting Officer's Representative Designation Letter, for costs related to conferences funded in whole or in part with USAID funds when:

    (1) Twenty (20) or more USAID employees are expected to attend.

    (2) The net conference expense funded by USAID will exceed $100,000 (excluding salary of employees), regardless of the number of USAID participants.

    (b) The contracting officer or the contracting officer's representative will follow the internal Agency procedures for review and approval of conference costs, as specified in Automated Directive System (ADS) chapter 580, prior to providing such approval to the contractor.

    (c) Costs associated with a conference that meets the criteria above, incurred without USAID prior written approval, are unallowable.

    (d) Contracting officers must insert the clause at 752.231-72 in all USAID-funded solicitations and contracts anticipated to include a requirement for a USAID-funded conference. See (48 CFR) AIDAR 752.231-72 for the definition of a conference and specific requirements and procedures.

    SUBCHAPTER H—CLAUSES AND FORMS PART 752—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 6. The authority citation for 48 CFR part 752 continues to read as follows: Authority:

    Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR 1979 Comp., p. 435.

    7. Add section 752.222-71 to read as follows:
    752.222-71 Nondiscrimination.

    As prescribed in (48 CFR) AIDAR 722.810(b), insert the following clause in section I of all solicitations and resulting contracts.

    Nondiscrimination (June 2012)

    FAR part 22 and the clauses prescribed in that part prohibit contractors performing in or recruiting from the U.S. from engaging in certain discriminatory practices.

    USAID is committed to achieving and maintaining a diverse and representative workforce and a workplace free of discrimination. Based on law, Executive Order, and Agency policy, USAID prohibits discrimination in its own workplace on the basis of race, color, religion, sex (including pregnancy and gender identity), national origin, disability, age, veteran's status, sexual orientation, genetic information, marital status, parental status, political affiliation, and any other conduct that does not adversely affect the performance of the employee. USAID does not tolerate any type of discrimination (in any form, including harassment) of any employee or applicant for employment on any of the above-described bases.

    Contractors are required to comply with the nondiscrimination requirements of the FAR. In addition, the Agency strongly encourages all its contractors (at all tiers) to develop and enforce nondiscrimination policies consistent with USAID's approach to workplace nondiscrimination as described in this clause, subject to applicable law.

    (End of clause)
    8. Add section 752.229-71 to read as follows:
    752.229-71 Reporting of foreign taxes.

    As prescribed in (48 CFR) AIDAR 729.402-70, insert the following clause in section I of applicable solicitations and resulting contracts. The contracting officer must insert address and point of contact at the Embassy, Mission, or M/CFO/CMP as appropriate under paragraph (d) of this clause.

    Reporting of Foreign Taxes (July 2007)

    (a) The contractor must annually submit a report by April 16 of the next year.

    (b) Contents of report. The report must contain:

    (1) Contractor name.

    (2) Contact name with phone, fax number and email address.

    (3) Contract number(s).

    (4) Amount of foreign taxes assessed by a foreign government [each foreign government must be listed separately] on commodity purchase transactions valued at $500 or more financed with U.S. foreign assistance funds under this agreement during the prior U.S. fiscal year.

    (5) Only foreign taxes assessed by the foreign government in the country receiving U.S. assistance are to be reported. Foreign taxes by a third party foreign government are not to be reported. For example, if a contractor performing in Lesotho using foreign assistance funds should purchase commodities in South Africa, any taxes imposed by South Africa would not be included in the report for Lesotho (or South Africa).

    (6) Any reimbursements received by the contractor during the period in paragraph (b)(4) of this clause regardless of when the foreign tax was assessed and any reimbursements on the taxes reported in paragraph (b)(4) of this clause received through March 31.

    (7) Report is required even if the contractor did not pay any taxes during the reporting period.

    (8) Cumulative reports may be provided if the contractor is implementing more than one program in a foreign country.

    (c) Definitions. As used in this clause—

    (1) Agreement includes USAID direct and country contracts, grants, cooperative agreements and interagency agreements.

    (2) Commodity means any material, article, supply, goods, or equipment.

    (3) Foreign government includes any foreign governmental entity.

    (4) Foreign taxes means value-added taxes and customs duties assessed by a foreign government on a commodity. It does not include foreign sales taxes.

    (d) Where. Submit the reports to: [contracting officer must insert address and point of contact at the Embassy, Mission, or CFO/CMP as appropriate].

    (e) Subagreements. The contractor must include this reporting requirement in all applicable subcontracts and other subagreements.

    (f) For further information see http://2001-2009.state.gov/s/d/rm/c10443.htm.

    (End of clause)
    9. Add section 752.231-72 to read as follows:
    752.231-72 Conference planning and required approvals.

    As prescribed in (48 CFR) AIDAR 731.205-43, insert the following clause in section I of all solicitations and resulting contracts anticipated to include a requirement for a USAID-funded conference, as defined in the clause.

    Conference Planning and Required Approvals (Aug 2013)

    (a) Definitions. Conference means a seminar, meeting, retreat, symposium, workshop, training activity or other such event that requires temporary duty travel of USAID employees. For the purpose of this policy, an employee is defined as a U.S. direct hire; personal services contractor, including U.S. PSCs, Foreign Service National (FSN)/Cooperating Country National (CCN) and Third Country National (TCN); or a Federal employee detailed to USAID from another government agency.

    (b) The contractor must obtain approval from the contracting officer or the contracting officer's representative (COR), if delegated in the Contracting Officer's Representative Designation Letter, as prescribed in 731.205-43, prior to committing costs related to conferences funded in whole or in part with USAID funds when:

    (1) Twenty (20) or more USAID employees are expected to attend.

    (2) The net conference expense funded by USAID will exceed $100,000 (excluding salary of employees), regardless of the number of USAID participants.

    (c) Conferences approved at the time of award will be incorporated into the award. Any subsequent requests for approval of conferences must be submitted by the contractor to the USAID contracting officer representative (COR). The contracting officer representative will obtain the required agency approvals and communicate such approvals to the contractor in writing.

    (d) The request for conference approval must include:

    (1) A brief summary of the proposed event;

    (2) A justification for the conference and alternatives considered, e.g., teleconferencing and videoconferencing;

    (3) The estimated budget by line item (e.g., travel and per diem, venue, facilitators, meals, equipment, printing, access fees, ground transportation);

    (4) A list of USAID employees attending and a justification for each; and the number of other USAID-funded participants (e.g., institutional contractors);

    (5) The venues considered (including government-owned facility), cost comparison, and justification for venue selected if it is not the lowest cost option;

    (6) If meals will be provided to local employees (a local employee would not be in travel status), a determination that the meals are a necessary expense for achieving Agency objectives; and

    (7) A certification that strict fiscal responsibility has been exercised in making decisions regarding conference expenditures, the proposed costs are comprehensive and represent the greatest cost advantage to the U.S. Government, and that the proposed conference representation has been limited to the minimum number of attendees necessary to support the Agency's mission.

    (End of clause)
    10. Add section 752.7036 to read as follows:
    752.7036 USAID Implementing Partner Notices (IPN) portal for acquisition.

    Insert the following clause in section I of all solicitations and resulting contracts, except for orders under indefinite delivery contracts issued pursuant to (48 CFR) FAR subpart 16.5; orders under Federal Supply (GSA) Schedules issued pursuant to (48 CFR) FAR subpart 8.4; and contracts and purchase orders awarded under the simplified acquisitions procedures of (48 CFR) FAR part 13.

    USAID Implementing Partner Notices (IPN) Portal FOR Acquisition (July 2014)

    (a) Definitions. As used in this clause—

    “Universal” bilateral modification means a bilateral modification, as defined in FAR subpart 43.1, that updates or incorporates new FAR or AIDAR clauses, other terms and conditions, or special requirements, affecting all USAID awards or a class of awards, as specified in the Agency notification of such modification.

    USAID Implementing Partner Notices (IPN) Portal for Acquisition (IPN Portal) means the single point where USAID uploads universal bilateral modifications, which can be accessed electronically by registered USAID contractors. The IPN Portal is located at https://sites.google.com/site/ipnforacquisitions/.

    IPN Portal Administrator means the USAID official designated by the M/OAA Director, who has overall responsibility for managing the USAID Implementing Partner Notices Portal for Acquisition.

    (b) By submission of an offer and execution of a contract, the Offeror/Contractor acknowledges the requirement to:

    (1) Register with the IPN Portal if awarded a contract resulting from this solicitation; and

    (2) Receive universal bilateral modifications of this contract and general notices through the IPN Portal.

    (c) Procedure to register for notifications. Go to: https://sites.google.com/site/usaidipnforacquisitions/ and click the “Register” button at the top of the page. Contractor representatives must use their official organization email address when subscribing, not personal email addresses.

    (d) Processing of IPN portal modifications. (1) The contractor may access the IPN Portal at any time to review all IPN Portal modifications; however, the system will also notify the contractor by email when the USAID IPN Portal Administrator uploads a universal bilateral modification for contractor review and signature. Proposed IPN Portal modifications distributed through the IPN Portal are applicable to all awards, unless otherwise noted in the proposed modification.

    (2) Within 15 calendar days from receipt of the notification email from the IPN Portal, the contractor must do one of the following:

    (i)(A) Verify applicability of the proposed modification to their award(s) per the instructions provided with each modification;

    (B) Download the modification and incorporate the following information on the SF30 form: contract number, organization name, and organization mailing address as it appears in the basic award;

    (C) Sign the hardcopy version; and

    (D) Send the signed modification (by email or hardcopy) to the contracting officer for signature;

    Note to paragraph (d)(2)(i): The contractor must not incorporate any other changes to the IPN Portal modification.

    (ii) Notify the Contracting Officer in writing if the modification requires negotiation of the additional changes to terms and conditions of the contract; or

    (iii) Notify the contracting officer that the contractor declines to sign the modification.

    (3) Within 30 calendar days of receipt of a signed modification from the contractor, the contracting officer must provide the fully executed modification to the contractor or initiate discussions with the contractor. Bilateral modifications provided through the IPN Portal are not effective until both the contractor and the contracting officer sign the modification.

    (End of clause)
    11. Add section 752.7037 to read as follows:
    752.7037 Child safeguarding standards.

    Insert the following clause in section I of all solicitations and contracts other than those for commercial items.

    Child Safeguarding Standards (Aug. 2016)

    (a) Implementation of activities under this award may involve children, or personnel engaged in the implementation of the award may come into contact with children, which could raise the risk of child abuse, exploitation, or neglect within this award. The contractor agrees to abide by the following child safeguarding core principles:

    (1) Ensure compliance with host country and local child welfare and protection legislation or international standards, whichever gives greater protection, and with U.S. law where applicable;

    (2) Prohibit all personnel from engaging in child abuse, exploitation, or neglect;

    (3) Consider child safeguarding in project planning and implementation to determine potential risks to children that are associated with project activities and operations;

    (4) Apply measures to reduce the risk of child abuse, exploitation, or neglect, including, but not limited to, limiting unsupervised interactions with children; prohibiting exposure to pornography; and complying with applicable laws, regulations, or customs regarding the photographing, filming, or other image-generating activities of children;

    (5) Promote child-safe screening procedures for personnel, particularly personnel whose work brings them in direct contact with children; and

    (6) Have a procedure for ensuring that personnel and others recognize child abuse, exploitation, or neglect; mandating that personnel and others report allegations; investigating and managing allegations; and taking appropriate action in response to such allegations, including, but not limited to, dismissal of personnel.

    (b) The contractor must also include in the code of conduct for all personnel implementing USAID-funded activities, the child safeguarding principles in paragraphs (a)(1) through (6) of this clause.

    (c) The following definitions apply for purposes of this clause:

    (1) Child. A child or children are defined as persons who have not attained 18 years of age.

    (2) Child abuse, exploitation, or neglect. Constitutes any form of physical abuse; emotional ill-treatment; sexual abuse; neglect or insufficient supervision; trafficking; or commercial, transactional, labor, or other exploitation resulting in actual or potential harm to the child's health, well-being, survival, development, or dignity. It includes, but is not limited to: Any act or failure to act which results in death, serious physical or emotional harm to a child, or an act or failure to act which presents an imminent risk of serious harm to a child.

    (3) Emotional abuse or ill treatment. Constitutes injury to the psychological capacity or emotional stability of the child caused by acts, threats of acts, or coercive tactics. Emotional abuse may include, but is not limited to: Humiliation, control, isolation, withholding of information, or any other deliberate activity that makes the child feel diminished or embarrassed.

    (4) Exploitation. Constitutes the abuse of a child where some form of remuneration is involved or whereby the perpetrators benefit in some manner. Exploitation represents a form of coercion and violence that is detrimental to the child's physical or mental health, development, education, or well-being.

    (5) Neglect. Constitutes failure to provide for a child's basic needs within USAID-funded activities that are responsible for the care of a child in the absence of the child's parent or guardian.

    (6) Physical abuse. Constitutes acts or failures to act resulting in injury (not necessarily visible), unnecessary or unjustified pain or suffering without causing injury, harm or risk of harm to a child's health or welfare, or death. Such acts may include, but are not limited to: Punching, beating, kicking, biting, shaking, throwing, stabbing, choking, or hitting (regardless of object used), or burning. These acts are considered abuse regardless of whether they were intended to hurt the child.

    (7) Sexual abuse. Constitutes fondling a child's genitals, penetration, incest, rape, sodomy, indecent exposure, and exploitation through prostitution or the production of pornographic materials.

    (d) The contractor must insert this clause in all subcontracts under this award.

    (End of clause)
    Dated: June 29, 2016. Roy Plucknett, Chief Acquisition Officer.
    [FR Doc. 2016-16643 Filed 7-25-16; 8:45 am] BILLING CODE 6116-01-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 1206013412-2517-02] RIN 0648-XE757 Reef Fish Fishery of the Gulf of Mexico; 2016 Recreational Accountability Measures and Closure for Gulf of Mexico Greater Amberjack AGENCY:

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

    ACTION:

    Temporary rule; quota reduction and closure.

    SUMMARY:

    NMFS implements accountability measures (AMs) for the greater amberjack recreational sector in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2016 fishing year through this temporary rule. NMFS has determined that the 2015 recreational annual catch limit (ACL) for Gulf greater amberjack was exceeded; therefore, NMFS reduces the greater amberjack recreational ACL and annual catch target (ACT) in 2016. NMFS has also determined that the recreational ACT for Gulf greater amberjack was reached prior to the June 1 annual season closure. Therefore, the greater amberjack recreational season in the Gulf EEZ will remain closed and will not be re-opening on August 1, 2016. This closure is necessary to protect the Gulf greater amberjack resource.

    DATES:

    This rule is effective from 12:01 a.m., local time, August 1, 2016, until 12:01 a.m., local time, on January 1, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Rich Malinowski, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected].

    SUPPLEMENTARY INFORMATION:

    NMFS manages the Gulf reef fish fishery, which includes greater amberjack, under the Fishery Management Plan for the Reef Fish Resources of the Gulf (FMP). The Gulf of Mexico Fishery Management Council (Council) prepared the FMP and NMFS implements the FMP under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. All greater amberjack weights discussed in this temporary rule are in round weight.

    The 2016 recreational ACL for Gulf greater amberjack specified in 50 CFR 622.41(b)(2)(iii) is 1,255,600 lb (569,531 kg) and the recreational ACT specified in 50 CFR 622.39(a)(2)(ii) is 1,092,372 lb (495,492 kg). However, in 2015, the recreational harvest of greater amberjack exceeded the 2015 recreational ACL by 57,930 lb (26,277 kg). Therefore, consistent with the requirements specified in 50 CFR 622.41(a)(2)(ii), NMFS reduces the recreational ACL for greater amberjack in 2016 to 1,197,670 lb (543,254 kg) and the recreational ACT to 1,034,442 lb (469,215 kg).

    Under 50 CFR 622.41(a)(2)(i), NMFS is required to close the recreational sector for greater amberjack when the recreational ACT is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has determined the 2016 recreational ACT was reached prior to the annual season closure, which is effective from June 1 through July 31 each year. Accordingly, the recreational sector for Gulf greater amberjack will not re-open on August 1, because NMFS is closing recreational harvest of greater amberjack for the rest of the 2016 fishing year effective at 12:01 a.m., local time, August 1, 2016, until 12:01 a.m., local time, January 1, 2017, the start of the next fishing year.

    During the recreational closure, the bag and possession limits for greater amberjack in or from the Gulf EEZ are zero. The prohibition on possession in the Gulf on board a vessel for which a valid Federal charter vessel/headboat permit for Gulf reef fish has been issued applies regardless of whether greater amberjack were harvested in state or Federal waters.

    The recreational sector for greater amberjack will reopen on January 1, 2017, the beginning of the 2017 recreational fishing year.

    Classification

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

    This action is taken under 50 CFR 622.41(a)(2)(i) and is exempt from review under Executive Order 12866.

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

    This action responds to the best scientific information available. The Assistant Administrator for NOAA Fisheries (AA) finds that the need to immediately implement this action to close the recreational sector for greater amberjack constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment on this temporary rule pursuant to the authority set forth in 5 U.S.C. 553(b)(B), because such procedures are unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule establishing the closure provisions was subject to notice and comment, and all that remains is to notify the public of the closure. Such procedures are contrary to the public interest because of the need to immediately implement this action to protect greater amberjack. Prior notice and opportunity for public comment would require time and would potentially allow the recreational sector to exceed the recreational ACL.

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

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: July 21, 2016. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-17633 Filed 7-21-16; 4:15 pm] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [160412328-6619-02] RIN 0648-BF97 Atlantic Highly Migratory Species; North and South Atlantic 2016 Commercial Swordfish Quotas AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    This final rule adjusts the 2016 fishing season quotas for North and South Atlantic swordfish based upon 2015 commercial quota underharvests and international quota transfers consistent with the International Commission for the Conservation of Atlantic Tunas (ICCAT) Recommendations 13-02 and 13-03. This final rule also simplifies the annual North and South Atlantic quota adjustment process when the adjustment simply applies a previously-adopted formula or measure. Finally, this final rule removes extraneous regulatory text about the percentage of the annual baseline quota allocation that may be carried over in a given year. This final rule could affect commercial and recreational fishing for swordfish in the Atlantic Ocean, including the Caribbean Sea and Gulf of Mexico. This action implements ICCAT recommendations, consistent with the Atlantic Tunas Convention Act (ATCA), and furthers domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

    DATES:

    Effective on August 25, 2016.

    ADDRESSES:

    Copies of the supporting documents—including the 2012 Environmental Assessment (EA), Regulatory Impact Review (RIR), and Final Regulatory Flexibility Analysis (FRFA) for North Atlantic swordfish (Final Rule to Implement the 2012 Atlantic Swordfish Quotas and Other Measures); the 2007 EA, RIR, and FRFA for South Atlantic swordfish (Final Rule to Modify the North and South Atlantic Swordfish Commercial Quotas Based on 2006 ICCAT Recommendations); the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP) and its amendments; and associated documents—are available from the HMS Management Division Web site at http://www.nmfs.noaa.gov/sfa/hms/ or by contacting Steve Durkee by phone at 202-670-6637.

    FOR FURTHER INFORMATION CONTACT:

    Steve Durkee by phone at 202-670-6637 or Karyl Brewster-Geisz by phone at 301-427-8503.

    SUPPLEMENTARY INFORMATION: Background

    The U.S. Atlantic swordfish fishery is managed under the 2006 Consolidated Atlantic HMS FMP (October 2, 2006; 71 FR 58058). Implementing regulations at 50 CFR part 635 are issued under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq., and ATCA, 16 U.S.C. 971 et seq. ATCA authorizes the Secretary of Commerce (Secretary) to promulgate regulations as may be necessary and appropriate to implement ICCAT recommendations.

    For North Atlantic swordfish, this final action maintains the U.S. baseline quota of 2,937.6 metric tons (mt) dressed weight (dw) and authorizes the transfer of 18.8 mt dw from the United States to Mauritania as required by ICCAT Recommendation 13-02. For South Atlantic swordfish, this action maintains the U.S. South Atlantic swordfish quota at 75.2 mt dw (100 mt whole weight (ww)), carries over 75.1 mt dw of 2015 underharvest, and authorizes the transfer of 50 mt ww (37.6 mt dw) to Namibia, 25 mt ww (18.8 mt dw) to Côte d'Ivoire, and 25 mt ww (18.8 mt dw) to Belize, consistent with ICCAT Recommendation 13-03. More specific information regarding the quota calculations can be found below. Additional details regarding the quotas and other actions in this rule and their impacts can be found in the proposed rule (81 FR 36511, June 7, 2016).

    North Atlantic Swordfish Quota

    At the 2013 ICCAT annual meeting, Recommendation 13-02 was adopted, maintaining the North Atlantic swordfish total allowable catch (TAC) of 10,301 metric tons (mt) dressed weight (dw) (13,700 mt whole weight (ww)) through 2016. Of this TAC, the United States' baseline quota is 2,937.6 mt dw (3,907 mt ww) per year. ICCAT Recommendation 13-02 also includes an 18.8 mt dw (25 mt ww) annual quota transfer from the United States to Mauritania and limits underharvest carryover to 15 percent of a contracting party's baseline quota. Therefore, the United States may carry over a maximum of 440.6 mt dw (586.0 mt ww) of underharvest from 2015 to 2016. This final rule adjusts the U.S. baseline quota for the 2016 fishing year to account for the annual quota transfer to Mauritania and the 2015 underharvest.

    The 2016 North Atlantic swordfish baseline quota is 2,937.6 mt dw (3,907 mt ww). The preliminary estimate of North Atlantic swordfish underharvest for 2015 was 2,181.6 mt dw as of December 31, 2015; therefore, NMFS is carrying forward 440.6 mt dw, the maximum carryover allowed under Recommendation 13-02. The 2,937.6 mt dw baseline quota is reduced by the 18.8 mt dw annual quota transfer to Mauritania and increased by the underharvest carryover of 440.6 mt dw, resulting in a final adjusted North Atlantic swordfish quota for the 2016 fishing year of 3,359.4 mt dw (2,937.6−18.8 + 440.6 = 3,359.4 mt dw). From that adjusted quota, 50 mt dw will be allocated to the reserve category for inseason adjustments and research, and 300 mt dw will be allocated to the incidental category, which includes recreational landings and landings by incidental swordfish permit holders, in accordance with regulations at 50 CFR 635.27(c)(1)(i). This would result in an allocation of 3,009.4 mt dw (3,359.4−50−300 = 3,009.4 mt dw) for the directed category, which would be split equally between two seasons in 2016 (January through June, and July through December) (Table 1).

    For clarity, the final rule removes extraneous regulatory text about the percentage of the annual baseline quota allocation that may be carried over in a given year. Under prior ICCAT recommendations, 25 percent of the unused annual baseline could be carried over to the subsequent year. ICCAT Recommendation 13-02 changed the allowable carryover to 15 percent from 2015 on. This change simplifies the regulatory text by removing the reference to the 25-percent carryover allowance to avoid confusion.

    South Atlantic Swordfish Quota

    In 2013, ICCAT Recommendation 13-03 established the South Atlantic swordfish TAC at 11,278.2 mt dw (15,000 mt ww) for 2014, 2015, and 2016. Of this, the United States receives 75.2 mt dw (100 mt ww). Recommendation 13-03 limits the amount of South Atlantic swordfish underharvest that can be carried forward, and the United States may carry forward up to 100 percent of its baseline quota (75.2 mt dw). Recommendation 13-03 also included a total of 75.2 mt dw (100 mt ww) of quota transfers from the United States to other countries. These transfers were 37.6 mt dw (50 mt ww) to Namibia, 18.8 mt dw (25 mt ww) to Côte d'Ivoire, and 18.8 mt dw (25 mt ww) to Belize.

    In 2015, U.S. fishermen landed no South Atlantic swordfish according to data available as of December 31, 2015. The adjusted 2015 South Atlantic swordfish quota was 75.1 mt dw due to nominal landings in previous years. Therefore, 75.1 mt dw of underharvest is available to carry over to 2016. NMFS is carrying forward 75.1 mt dw to be added to the 75.2 mt dw baseline quota. The quota is then reduced by the 75.2 mt dw of annual international quota transfers outlined above, resulting in an adjusted South Atlantic swordfish quota of 75.1 mt dw for the 2016 fishing year.

    Table 1—2016 North and South Atlantic Swordfish Quotas North Atlantic Swordfish Quota (mt dw) 2015 2016 Baseline Quota 2,937.6 2,937.6 International Quota Transfer (−)18.8 (to Mauritania) (−)18.8 (to Mauritania) Total Underharvest from Previous Year + 1,337.4 2,181.6 Underharvest Carryover from Previous Year + (+)440.6 (+)440.6 Adjusted Quota 3,359.4 3,359.4 Quota Allocation: Directed Category 3,009.4 3,009.4 Incidental Category 300 300 Reserve Category 50 50 South Atlantic Swordfish Quota (mt dw) 2015 2016 Baseline Quota 75.2 75.2 International Quota Transfers * (−)75.2 (−)75.2 Total Underharvest from Previous Year + 75.1 75.1 Underharvest Carryover from Previous Year + 75.1 75.1 Adjusted quota 75.1 75.1 + Allowable underharvest carryover is now capped at 15 percent of the baseline quota allocation for the North Atlantic and 75.2 dw (100 mt ww) for the South Atlantic. The available 2014 and 2015 underharvests are based on data current as of December 31, 2015; they do not include dead discards, late reports, or changes to the data as a result of quality control adjustments. * Under Recommendation 13-03, the United States transfers 75.2 mt dw (100 mt ww) annually to Namibia (37.6 mt dw, 50 mt ww), Côte d'Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww). Modification of the Annual Quota Adjustment Public Notification Process

    In the past, NMFS has published proposed swordfish quota specifications annually, allowed for a public comment period, and then issued a final rule. NMFS has done this when adopting new quotas, altering conservation and management measures pursuant to an ICCAT recommendation, or when simply adjusting the swordfish quotas based on formulas or measures codified in regulations previously adopted through notice-and-comment rulemaking (see, e.g., regulatory text at 50 CFR 635.27(c)). Where NMFS is simply administering a pre-established formula that is already embodied in regulations, it has limited discretion over implementation. Inviting public notice and comment on these actions may have unnecessarily confused the regulated community, which has not understood the scope of these actions and NMFS' lack of discretion to make changes in these situations. Past public comments have included requests that go well beyond the scope of these actions, including suggestions to carry over underharvests in an amount exceeding the carryover limit, which would be inconsistent with ICCAT recommendations; requests not to carry over any underharvests, which would be inconsistent with the established regulatory formulas; and requests to shut down the commercial swordfish fishery.

    To address public confusion and streamline the regulatory process, NMFS notifies the public that beginning in 2017, it will annually adjust the North and South Atlantic swordfish quotas through a final rule without an opportunity for public comment, as appropriate, when such adjustments simply apply a previously-adopted formula and are administrative in nature. NMFS takes such action consistent with requirements of the Administrative Procedure Act. NMFS would continue to undertake notice and comment rulemaking when adopting new quotas or otherwise altering conservation and management measures.

    Response to Comments

    During the proposed rule comment period, NMFS received one written comment; however, it was not relevant to the proposed action.

    Changes From the Proposed Rule

    The final rule contains no changes from the proposed rule.

    Classification

    Pursuant to the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that the final rule is consistent with the 2006 Consolidated HMS FMP and its amendments, other provisions of the Magnuson-Stevens Act, ATCA, and other applicable law.

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

    Previously, NMFS determined that proposed rules to implement the North Atlantic swordfish quota (77 FR 25669, May 1, 2012) and South Atlantic swordfish quota (75 FR 35432, June 22, 2010) were consistent to the maximum extent practicable with the enforceable policies of the approved coastal management program of coastal states on the Atlantic, including the Gulf of Mexico and the Caribbean Sea. Pursuant to 15 CFR 930.41(a), NMFS provided the Coastal Zone Management Program of each coastal state a 60-day period to review the consistency determination and to advise the Agency of their concurrence. NMFS received concurrence with the consistency determinations from several states and inferred consistency from those states that did not respond within the 60-day time period. This final action to establish the 2016 North and South Atlantic swordfish quotas does not change the framework previously consulted upon; therefore, no additional consultation is required.

    The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared.

    List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, Penalties, Reporting and recordkeeping requirements, Treaties.

    Dated: July 21, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

    For reasons set out in the preamble, 50 CFR part 635 is amended as follows:

    PART 635—ATLANTIC HIGHLY MIGRATORY SPECIES 1. The authority citation for part 635 continues to read as follows: Authority:

    16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

    2. In § 635.27, revise paragraph (c)(3) to read as follows:
    § 635.27 Quotas.

    (c) * * *

    (3) Annual adjustments. NMFS will file with the Office of the Federal Register for publication notice of the following adjustments to or apportionments of the annual quota:

    (i) Adjustments to the quota necessary to meet the objectives of the Consolidated Highly Migratory Species Fishery Management Plan consistent with the quota provisions of paragraph (c)(1) of this section.

    (ii) If consistent with applicable ICCAT recommendations, total landings above or below the specific North Atlantic or South Atlantic swordfish annual quota will be subtracted from, or added to, the following year's quota for that area. As necessary to meet management objectives, such adjustments may be apportioned to fishing categories and/or to the reserve. Carryover adjustments for the North Atlantic shall be limited to 15 percent of the annual baseline quota allocation. Carryover adjustments for the South Atlantic shall be limited to 100 mt ww (75.2 mt dw). Any adjustments to the 12-month directed fishery quota will be apportioned equally between the two semiannual fishing seasons.

    (iii) The dressed weight equivalent of the amount by which dead discards exceed the allowance specified at paragraph (c)(1)(i)(C) of this section will be subtracted from the landings quota in the following fishing year or from the reserve category.

    [FR Doc. 2016-17630 Filed 7-25-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 150916863-6211-02] RIN 0648-XE745 Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area AGENCY:

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

    ACTION:

    Temporary rule; reallocation.

    SUMMARY:

    NMFS is exchanging unused flathead sole Community Development Quota (CDQ) for rock sole CDQ acceptable biological catch (ABC) reserves in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2016 total allowable catch of flathead sole and rock sole in the Bering Sea and Aleutian Islands management area to be harvested.

    DATES:

    Effective July 26, 2016 through December 31, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Steve Whitney, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands management area (BSAI) according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.

    The 2016 flathead sole and rock sole CDQ reserves specified in the BSAI are 2,232 metric tons (mt), and 5,760 mt as established by the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016) and following revision (81 FR 41253, June 24, 2016). The 2016 flathead sole and rock sole CDQ ABC reserves are 4,857 mt and 11,478 mt as established by the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016) and following revision (81 FR 41253, June 24, 2016).

    The Norton Sound Economic Development Corporation has requested that NMFS exchange 400 mt of flathead sole CDQ reserves for 400 mt of rock sole CDQ ABC reserves under § 679.31(d). Therefore, in accordance with § 679.31(d), NMFS exchanges 400 mt of flathead sole CDQ reserves for 400 mt of rock sole CDQ ABC reserves in the BSAI. This action also decreases and increases the TACs and CDQ ABC reserves by the corresponding amounts. Tables 11 and 13 of the final 2016 and 2017 harvest specifications for groundfish in the BSAI (81 FR 14773, March 18, 2016), and following revision (81 FR 41253, June 24, 2016), are revised as follows:

    Table 11—Final 2016 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole Tacs [Amounts are in metric tons] Sector Pacific Ocean perch Eastern
  • Aleutian
  • District
  • Central
  • Aleutian
  • District
  • Western
  • Aleutian
  • District
  • Flathead sole BSAI Rock sole BSAI Yellowfin sole BSAI
    TAC 7,900 7,000 9,000 20,585 57,150 144,365 CDQ 845 749 963 1,832 6,160 15,773 ICA 200 75 10 5,000 6,000 3,500 BSAI trawl limited access 685 618 161 0 0 14,979 Amendment 80 6,169 5,558 7,866 13,753 44,990 110,113 Alaska Groundfish Cooperative 3,271 2,947 4,171 1,411 11,129 43,748 Alaska Seafood Cooperative 2,898 2,611 3,695 12,342 33,861 66,365 Note: Sector apportionments may not total precisely due to rounding.
    Table 13—Final 2016 and 2017 ABC Surplus, Community Development Quota (CDQ) ABC Reserves, and Amendment 80 ABC Reserves in the BSAI for Flathead Sole, Rock Sole, and Yellowfin Sole [Amounts are in metric tons] Sector 2016
  • Flathead
  • sole
  • 2016
  • Rock
  • sole
  • 2016
  • Yellowfin
  • sole
  • 2017
  • Flathead
  • sole
  • 2017
  • Rock
  • sole
  • 2017
  • Yellowfin
  • sole
  • ABC 66,250 161,100 211,700 64,580 145,000 203,500 TAC 20,585 57,150 144,365 21,000 57,100 144,000 ABC surplus 45,665 103,950 67,335 43,580 87,900 59,500 ABC reserve 45,665 103,950 67,335 43,580 87,900 59,500 CDQ ABC reserve 5,257 11,078 6,879 4,663 9,405 6,367 Amendment 80 ABC reserve 40,408 92,872 60,456 38,917 78,495 53,134 Alaska Groundfish Cooperative for 2016 1 4,145 22,974 24,019 n/a n/a n/a Alaska Seafood Cooperative for 2016 1 36,263 69,898 36,437 n/a n/a n/a 1 The 2017 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2016.
    Classification

    This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the flatfish exchange by the Norton Sound Economic Development Corporation in the BSAI. Since these fisheries are currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of July 14, 2016.

    The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment.

    This action is required by § 679.20 and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: July 20, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-17593 Filed 7-25-16; 8:45 am] BILLING CODE 3510-22-P
    81 143 Tuesday, July 26, 2016 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-6744; Directorate Identifier 2016-NE-12-AD] RIN 2120-AA64 Airworthiness Directives; Rolls-Royce plc Turbofan Engines AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain Rolls-Royce plc (RR) RB211-Trent 875-17, RB211-Trent 877-17, RB211-Trent 884-17, RB211-Trent 884B-17, RB211-Trent 892-17, RB211-Trent 892B-17, and RB211-Trent 895-17 turbofan engines that have not incorporated RR modification 72-J195 in production or RR Service Bulletin (SB) RB.211-72-J195. This proposed AD was prompted by inspection of RR Trent 800 engines returned from service that revealed flame erosion and axial cracking on the aft face of the stage 3 disk rim of the high-pressure compressor (HPC) stage 1-4 rotor disks shaft. This proposed AD would require machining the HPC stage 3 inner shroud, inspecting the HPC stage 1-4 rotor disks shaft, and replacing the HPC stage 1-4 rotor disks shaft if found defective. We are proposing this AD to prevent uncontained failure of the HPC stage 1-4 rotor disks shaft, damage to the engine, and damage to the airplane.

    DATES:

    We must receive comments on this NPRM by September 26, 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.

    Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001.

    Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Fax: 202-493-2251.

    For service information identified in this NPRM, contact Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby, England, DE24 8BJ; phone: 011-44-1332-242424; fax: 011-44-1332-249936; email: http://www.rolls-royce.com/contact/civil_team.jsp; Internet: https://customers.rolls-royce.com/public/rollsroycecare. You may view this service information at the FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-6744; 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 mandatory continuing airworthiness information (MCAI), the regulatory evaluation, any comments received, and other information. The 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:

    Robert Green, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7754; fax: 781-238-7199; email: [email protected]

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2016-6744; Directorate Identifier 2016-NE-12-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM 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 with FAA personnel concerning this NPRM.

    Discussion

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA AD 2016-0078, dated April 20, 2016 (corrected April 27, 2016) (referred to hereinafter as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states:

    Inspection of Trent 800 engines returned from service revealed flame eroded areas and axial cracking on the rear Stage 3 disc of the High Pressure Compressor (HPC) Stage 1-4 drum. This is considered to be the result of a localised fire originating from an excessive rub at the stage 3-4 forward seal fin.

    This condition, if not detected and corrected, could lead to an uncontained engine failure and release of high energy debris, possibly resulting in damage to the aeroplane and injury to occupants.

    You may obtain further information by examining the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-6744.

    Related Service Information Under 1 CFR Part 51

    RR has issued SB RB.211-72-J195, dated February 26, 2016. The SB describes procedures to machine the HPC stage 3 inner shroud and to inspect the HPC stage 1-4 rotor disks shaft.

    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 the United Kingdom, and is approved for operation in the United States. Pursuant to our bilateral agreement with the European Community, EASA has notified us of the unsafe condition described in the MCAI. We are proposing 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 products of the same type design. This proposed AD would require machining the HPC stage 3 inner shroud, inspecting the HPC stage 1-4 rotor disks shaft, and replacing the HPC stage 1-4 rotor disks shaft if found defective.

    Costs of Compliance

    We estimate that this proposed AD affects 125 engines installed on airplanes of U.S. registry. We estimate it would take 8 hours to comply with the inspection required by this proposed AD. Machining the HPC stage 3 inner shroud is required during routine overhaul; therefore, no additional time is needed for this action. The average labor rate is $85 per hour. Based on these figures, we estimate the cost of this proposed AD on U.S. operators to be $85,000.

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

    For the reasons discussed above, I certify this proposed regulation:

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Rolls-Royce plc: Docket No. FAA-2016-6744; Directorate Identifier 2016-NE-12-AD. (a) Comments Due Date

    We must receive comments by September 26, 2016.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Rolls-Royce plc (RR) RB211-Trent 875-17, RB211-Trent 877-17, RB211-Trent 884-17, RB211-Trent 884B-17, RB211-Trent 892-17, RB211-Trent 892B-17, and RB211-Trent 895-17 turbofan engines that have not incorporated RR modification 72-J195, in production; or RR Service Bulletin RB.211-72-J195, dated February 26, 2016, in service.

    (d) Reason

    This AD was prompted by inspection of RR Trent 800 series engines returned from service that revealed flame erosion and axial cracking on the aft face of the stage 3 disk rim of the high-pressure compressor (HPC) stage 1-4 rotor disks shaft. We are issuing this AD to prevent uncontained failure of the HPC stage 1-4 rotor disks shaft, damage to the engine, and damage to the airplane.

    (e) Actions and Compliance

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

    (1) Before exceeding 5,000 duty cycles, since new or since last HPC stage 1-4 rotor disks shaft piece-part inspection, whichever occurs later, do the following:

    (i) Perform dimensional, fluorescent penetrant, and visual inspections of the HPC stage 1-4 rotor disks shaft forward stage 3-4 seal fin and aft face of the stage 3 disk rim for wear, cracks, and flame erosion. Any findings of wear, cracks, or flame erosion constitute a failure of the HPC stage 1-4 rotor disks shaft.

    (ii) Machine the HPC stage 3 inner shroud to the dimensions shown in Figure 1 of RR Service Bulletin (SB) RB.211-72-J195, dated February 26, 2016.

    (2) If the HPC stage 1-4 rotor disks shaft fails the inspections required by paragraph (e)(1)(i) of this AD, remove and replace with a part eligible for installation before further flight.

    (f) Alternative Methods of Compliance (AMOCs)

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

    (g) Related Information

    (1) For more information about this AD, contact Robert Green, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7754; fax: 781-238-7199; email: [email protected]

    (2) Refer to MCAI European Aviation Safety Agency AD 2016-0078, dated April 20, 2016 (corrected April 27, 2016), for more information. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-2016-6744.

    (3) RR SB RB.211-72-J195, dated February 26, 2016, can be obtained from RR, using the contact information in paragraph (g)(4) of this proposed AD.

    (4) For service information identified in this proposed AD, contact Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby, England, DE24 8BJ; phone: 011-44-1332-242424; fax: 011-44-1332-249936; email: http://www.rolls-royce.com/contact/civil_team.jsp; Internet: https://customers.rolls-royce.com/public/rollsroycecare.

    (5) You may view this service information at the FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125.

    Issued in Burlington, Massachusetts, on July 13, 2016. Colleen M. D'Alessandro, Manager, Engine & Propeller Directorate, Aircraft Certification Service.
    [FR Doc. 2016-17160 Filed 7-25-16; 8:45 am] BILLING CODE 4910-13-P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1845 and 1852 RIN 2700-AE33 NASA Federal Acquisition Regulation Supplement: Contractor Financial Reporting of Property (2016-N024) AGENCY:

    National Aeronautics and Space Administration.

    ACTION:

    Proposed rule.

    SUMMARY:

    NASA is proposing to amend the NASA Federal Acquisition Regulation Supplement (NFS) to add a monthly reporting requirement for contractors having custody of $10 million or more in NASA-owned Property, Plant and Equipment (PP&E).

    DATES:

    Interested parties should submit comments to NASA at the address below on or before September 26, 2016 to be considered in the formation of a final rule.

    ADDRESSES:

    Submit comments identified by NFS Case 2016-N024, using any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering “NFS Case 2016-N024” under the heading “Enter keyword or ID” and selecting “Search.” Select the link “Submit a Comment” that corresponds with “NFS Case 2016-N024.” Follow the instructions provided at the “Submit a Comment” screen. Please include your name, company name (if any), and “NFS Case 2016-N024” on your attached document.

    Email: [email protected] Include NFS Case 2016-N024 in the subject line of the message.

    Fax: (202) 358-3082.

    Mail: National Aeronautics and Space Administration, Headquarters, Office of Procurement, Contract and Grant Policy Division, Attn: Andrew O'Rourke, LP-011 (Suite 5L32), 300 E. Street SW., Washington, DC 20546-0001.

    FOR FURTHER INFORMATION CONTACT:

    Andrew O'Rourke, NASA, Office of Procurement, Contract and Grant Policy Division, LP-011 (Suite 5L32); (202) 358-4560; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    NASA is proposing to revise the NFS to add a monthly reporting requirement at 1852.245-73 for contracts in which the contractor has custody of NASA-owned PP&E valued at $10 million or more to ensure contractor-held PP&E are more accurately represented in NASA financial statements. In accordance with the Statement of Federal Financial Accounting Standard (SFFAS) No. 6, Accounting for Property, Plant, and Equipment, Federal agencies are—

    • Required to record as property and equipment all items that meet certain characteristics, such as a useful life of two (2) years or more; and

    • Permitted to establish individual capitalization thresholds and useful life policies due to their diverse size and uses of PP&E.

    NASA Procedural Requirement (NPR) 9250.1, Property, Plant, and Equipment and Operating Materials and Supplies, which implements SSFAS No. 6, requires contractors with custody of NASA-owned PP&E to report financial property information to NASA on a yearly basis, and also requires contractors with custody of $10 million or more in NASA-owned PP&E to report financial property information to NASA on a monthly basis.

    NFS subpart 1845.71 requires contractors in possession of NASA PP&E to submit annually a NASA Form (NF) 1018, NASA Property in the Custody of Contractors. NFS clause 1852.245-73, Financial Reporting of NASA Property in the Custody of Contractors, paragraph (a), states the Contractor shall submit annually a NASA Form (NF) 1018, NASA Property in the Custody of Contractors, in accordance with this clause, the instructions on the form and NFS subpart 1845.71, and any supplemental instructions for the current reporting period issued by NASA. Currently, if at any time during performance of the contract the amount of NASA property in the custody of the contractor is equal to or in excess of $10 million, the contractor has received instructions from the NASA contracting officer to submit a monthly report.

    In order to ensure that PP&E are being presented fairly in the Agency's financial statements, independent auditors recommended to NASA that the NFS policy regarding property financial reporting be revised to specify that the supplemental instructions in paragraph (a) of the clause specifically includes the requirement that all contractors having custody of NASA PP&E with a value of $10 million or more are required to report this information on a monthly basis to NASA.

    II. Discussion

    The following sections of the NFS are being revised relative to PP&E reporting requirements:

    • NASA is proposing to update NFS clause 1852.245-73 and the associated prescription at NFS 1845.107-70 regarding the reporting of NASA-owned and contractor-held PP&E that equals $10 million or more on a monthly basis.

    • NASA is proposing to update NFS clause 1852.245-73 to add the cognizant NASA Center Industrial Property Officer to the distribution list for the hard copy NF 1018.

    • NASA is proposing to update NFS clause 1852.245-73 to revise the annual report submission date from October 15th to October 31st to allow contractors additional time to develop and submit this report.

    III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 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). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.

    IV. Regulatory Flexibility Act

    NASA does not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the affected NASA contractors with custody of NASA-owned PP&E valued at $10 million or greater are primarily large businesses. However, an initial regulatory flexibility analysis has been performed and is summarized as follows:

    The objective of this rule is to add a monthly reporting requirement for contractors having custody of NASA-owned PP&E valued at $10 million or greater to ensure that contractor-held PP&E are more accurately represented in NASA financial statements in accordance with the Statement of Federal Financial Accounting Standard (SFFAS) No. 6, Accounting for Property, Plant, and Equipment and NASA Procedural Requirement (NPR) 9250.1, Property, Plant, and Equipment and Operating Materials and Supplies.

    The requirements under this proposed rule would apply to any contract award (including contracts for supplies, services, construction, and major systems) that requires contractors to use Government property. According to NASA Property Records in Fiscal Year (FY) 2015 there were 643 contracts that required reporting NASA contractors with custody of Government property to report that property. Of the 643 contracts, approximately 20% or 129 contracts were with small business contractors. Of the 643 contracts, 32 contracts had NASA-owned and contractor-held PP&E with a value of $10 Million or more and required monthly reporting. Of those 32 contracts, only three were awarded to small business contractors.

    The rule contains information collection requirements, however, this rule does not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Number 2700-0017, titled NASA Property in the Custody of Contractors and OMB Control No. 9000-0075, titled Government Furnished Property Requirements. The impact of this reporting requirement is minimal on small entities based on FY 2015 NASA property records that show only three contractors with custody of NASA PP&E valued at $10 million or more. No alternatives were identified that would meet the objectives of this proposed rule.

    NASA invites comments from small business concerns and other interested parties on the expected impact of this proposed rule on small entities. NASA will also consider comments from small entities concerning the existing regulations in subparts affected by this proposed rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (NFS Case 2016-N024) in correspondence.

    V. Paperwork Reduction Act

    The rule contains information collection requirements that require the approval of the Office of Management and Budget (OMB) under the Paperwork Reduction Act (44 U.S.C. chapter 35); however, these changes to the NFS do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Number 2700-0017, titled NASA Property in the Custody of Contractors and OMB Control No. 9000-0075, titled Government Furnished Property Requirements.

    List of Subjects in 48 CFR Parts 1845 and 1852

    Government procurement.

    Manuel Quinones, NASA FAR Supplement Manager.

    Accordingly, 48 CFR parts 1845 and 1852 are proposed to be amended as follows:

    PART 1845—GOVERNMENT PROPERTY 1. The authority citation for part 1845 is revised to read as follows: Authority:

    51 U.S.C. 20113(a) and 48 CFR chapter 1.

    2. Amend section 1845.107-70 by revising paragraph (d) to read as follows:
    1845.107-70 NASA solicitation provisions and contract clauses.

    (d) The contracting officer shall insert the clause at 1852.245-73, Financial Reporting of NASA Property in the Custody of Contractors, in cost reimbursement solicitations and contracts and in all contracts in which the contractor has custody of NASA owned-property with a value of $10 million or more, unless all property to be provided is subject to the clause at 1852.245-71, Installation-Accountable Government Property. Insert the clause 1852.245-73 in other types of solicitations and contracts when it is known at award that property will be provided to the contractor or that the contractor will acquire property title to which will vest in the Government prior to delivery.

    PART 1852—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. The authority citation for part 1852 continues to read as follows: Authority:

    51 U.S.C. 20113(a) and 48 CFR chapter 1.

    4. Amend section 1852.245-73 by— a. Revising the date of the clause; b. In paragraph (a), removing the words “in accordance this clause” and adding “in accordance with this clause” in its place; and c. Revising paragraphs (b)(2) and (c).

    The revised text reads as follows:

    1852.245-73 Financial Reporting of NASA Property in the Custody of Contractors. Financial Reporting of NASA Property in the Custody of Contractors (Date)

    (b)(1) * * *

    (2) The Contractor shall mail the original signed NF 1018 directly to the cognizant NASA Center Industrial Property Officer and a copy to the cognizant NASA Center Deputy Chief Financial Officer, Finance, unless the Contractor uses the NF 1018 Electronic Submission System (NESS) for report preparation and submission.

    (c)(1) The annual reporting period shall be from October 1 of each year through September 30 of the following year. The report shall be submitted in time to be received by October 31st. The information contained in these reports is entered into the NASA accounting system to reflect current asset values for agency financial statement purposes. Therefore, it is essential that required reports be received no later than October 31st.

    (2) Some activity may be estimated for the month in which the report is submitted, if necessary, to ensure the NF 1018 is received when due. However, contractors' procedures must document the process for developing these estimates based on planned activity such as planned purchases or NASA Form 533 (NF 533) Contractor Financial Management Report cost estimates. It should be supported and documented by historical experience or other corroborating evidence, and be retained in accordance with FAR Subpart 4.7, Contractor Records Retention. Contractors shall validate the reasonableness of the estimates and associated methodology by comparing them to the actual activity once that data is available, and adjust them accordingly. In addition, differences between the estimated cost and actual cost must be adjusted during the next reporting period. Contractors shall have formal policies and procedures, which address the validation of NF 1018 data, including data from subcontractors, and the identification and timely reporting of errors. The objective of this validation is to ensure that information reported is accurate and in compliance with the NASA FAR Supplement. If errors are discovered on NF 1018 after submission, the contractor shall contact the cognizant NASA Center Industrial Property Officer (IPO) within 30 days after discovery of the error to discuss corrective action.

    (3) In addition to an annual report, if at any time during performance of the contract, NASA-owned property in the custody of the contractor has a value of $10 million or more, the contractor shall also submit a report no later than the 21st of each month in accordance with the requirements of paragraph (c)(2) of this clause.

    (4) The Contracting Officer may, in NASA's interest, withhold payment until a reserve not exceeding $25,000 or 5 percent of the amount of the contract, whichever is less, has been set aside, if the Contractor fails to submit annual NF 1018 reports in accordance with NFS subpart 1845.71, any monthly report in accordance with (c)(3) of this clause, and any supplemental instructions for the current reporting period issued by NASA. Such reserve shall be withheld until the Contracting Officer has determined that NASA has received the required reports. The withholding of any amount or the subsequent payment thereof shall not be construed as a waiver of any Government right.

    [FR Doc. 2016-17559 Filed 7-25-16; 8:45 am] BILLING CODE 7510-13-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 160613514-6514-01] RIN 0648-BG12 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Grouper Management Measures AGENCY:

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

    ACTION:

    Proposed rule; request for comments.

    SUMMARY:

    NMFS proposes to implement management measures described in a framework action to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery Management Council (Council). If implemented, this action would revise the commercial quota and annual catch limit (ACL) and the recreational annual catch target (ACT) and ACL for red grouper in the Gulf of Mexico (Gulf) exclusive economic zone. The purpose of this proposed rule is to adjust the allowable red grouper harvest to achieve optimum yield based upon an updated Gulf red grouper stock assessment.

    DATES:

    Written comments must be received on or before August 25, 2016.

    ADDRESSES:

    You may submit comments on the proposed rule, identified by “NOAA-NMFS-2016-0077” by either of the following methods:

    Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0077, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    Mail: Submit written comments to Richard Malinowski, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

    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, etc.), 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 framework action, which includes an environmental assessment, a regulatory impact review, and a Regulatory Flexibility Act (RFA) analysis may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2016/red_grouper_allowable_harvest/index.html.

    FOR FURTHER INFORMATION CONTACT:

    Richard Malinowski, Southeast Regional Office, NMFS, telephone: 727-824-5305, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Gulf reef fish fishery, which includes red grouper, is managed under the FMP. The FMP was prepared by the Council and is implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

    Background

    The Magnuson-Stevens Act requires NMFS and regional fishery management councils to achieve on a continuing basis the optimum yield from federally managed fish stocks. This mandate is intended to ensure that fishery resources are managed for the greatest overall benefit to the nation, particularly with respect to providing food production and recreational opportunities, while also protecting marine ecosystems.

    The 2015 Southeast Data Assessment Review (SEDAR 42) for Gulf red grouper determined that the stock is not overfished or undergoing overfishing based upon the assessment's terminal year of 2013. As a result of SEDAR 42, the Council's Science and Statistical Committee (SSC) recommended increasing the Gulf red grouper overfishing limit (OFL) and acceptable biological catch (ABC). The SSC provided two alternative OFL and ABC recommendations: (1) As a declining yield stream for the 2016 through 2020 fishing years; and (2) as a constant catch. The Council chose the constant catch OFL and ABC (14.16 million lb (6.42 million kg) and 13.92 million lb (6.31 million kg), respectively), but chose a more conservative approach in setting the ACLs and ACTs, basing these catch levels on the minimum ABC of 10.77 million lb (4.89 million kg) from the declining yield stream. The Council's decision was based on testimony from the general public and commercial fishermen, who suggested the Council use caution when setting the catch levels. Thus, through this framework action, the Council is increasing the red grouper commercial and recreational ACTs and ACLs. The commercial ACT is codified as the commercial quota.

    Management Measures Contained in This Proposed Rule

    The proposed rule would revise the commercial quota and ACL, and the recreational ACT and ACL for Gulf red grouper. All weights described in this proposed rule are in gutted weight.

    Commercial and Recreational Catch Limits

    The current red grouper commercial quota and ACL, and recreational ACT and ACL were implemented through Amendment 32 to the FMP (77 FR 6988, February 10, 2012). The current commercial quota is 5,720,000 lb (2,590,000 kg) and the commercial ACL is 6,030,000 lb (2,735,000 kg). The current recreational ACT is 1,730,000 lb (785,000 kg) and the recreational ACL is 1,900,000 lb (862,000 kg).

    This proposed rule would increase catch levels for both sectors. The commercial quota would be revised to 7,780,000 lb (3,528,949 kg) and the commercial ACL would be revised to 8,190,000 lb (3,714,922 kg). Additionally, the recreational ACT would be revised to 2,370,000 lb (1,075,014 kg) and the recreational ACL to 2,580,000 lb (1,170,268 kg).

    For Gulf red grouper, 76 percent of the stock ACL is allocated to the commercial sector and 24 percent of the ACL is allocated to the recreational sector. The commercial quota is set by applying a 5 percent buffer to the commercial ACL to account for management uncertainty and the recreational ACT is set by applying a buffer to the recreational ACL of 8 percent to account for management uncertainty.

    The revised commercial quota in this proposed rule would provide the commercial sector additional harvest opportunities as a result of the increased commercial quota beginning in 2016. The increase in the recreational ACL is expected to allow the recreational sector to remain open for the entire fishing year by avoiding the implementation of an in-season accountability measure.

    Other Measures Contained in the Framework Action Not in This Proposed Rule

    In addition to the measures contained in this proposed rule, this framework action would also revise the Gulf red grouper OFL and ABC based upon the results of SEDAR 42.

    The stock OFL proposed in the framework action is 14,160,000 lb (6,422,868 kg), which is a 43 percent increase from the current stock OFL of 8,100,000 lb (3,674,098 kg). The ABC proposed in the framework action is a 35 percent increase to the current ABC. The current red grouper stock ABC is 7,930,000 lb (3,596,987 kg). The revised ABC would be 13,920,000 lb (6,314,006 kg).

    Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the Assistant Administrator has determined that this proposed rule is consistent with the framework action, the FMP, the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.

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

    NMFS prepared an initial regulatory flexibility analysis (IRFA) for this rule, as required by section 603 of the RFA, 5 U.S.C. 603. The IRFA describes the economic impact that this proposed rule, if implemented, would have on small entities. A description of the proposed rule, why it is being considered, and the objectives of, and legal basis for this proposed rule are contained at the beginning of this section in the preamble and in the SUMMARY section of the preamble. A copy of the full analysis is available from NMFS (see ADDRESSES). A summary of the IRFA follows.

    The Magnuson-Stevens Act provides the statutory basis for this rule. No duplicative, overlapping, or conflicting Federal rules have been identified. In addition, no new reporting, record-keeping, or other compliance requirements are introduced by this proposed rule. Accordingly, this proposed rule does not implicate the Paperwork Reduction Act.

    This proposed rule, if implemented, would be expected to directly affect all commercial vessels that harvest red grouper under the FMP.

    Only recreational anglers, who may fish from shore, man-made structures, private, rental, or charter vessels, and headboats, are allowed a bag or possession limit of reef fish species in the Gulf. Captains or crew members on charter vessels or headboats (for-hire vessels) cannot harvest or possess red grouper or other reef fish under the recreational bag limits. Therefore, only recreational anglers would be directly affected by the proposed changes to the red grouper recreational ACL and ACT. Recreational anglers, however, are not considered to be small entities under the RFA, so the economic effects of this proposed rule on these anglers are outside the scope of the RFA.

    For-hire vessels sell fishing services to recreational anglers. The proposed changes to the recreational red grouper ACL and ACT would not directly alter the services sold by these vessels. Any change in demand for these fishing services and associated economic effects as a result of this proposed rule would be a consequence of a behavioral change by anglers, secondary to any direct effect on anglers and, therefore, an indirect effect of the proposed rule. Because the effects on for-hire vessels would be indirect, they fall outside the scope of the RFA.

    As of March 7, 2016, there were 852 valid or renewable Federal Gulf commercial reef fish permits. Each of these permits is associated with an individual vessel. To harvest red grouper, a vessel permit must be linked to an individual fishing quota (IFQ) account and possess sufficient allocation (pounds of fish) for this species. IFQ accounts can be opened and valid permits can be linked to IFQ accounts at any time during the year. Allocation is distributed at the beginning of each fishing year based on the shares held by each IFQ participant. Eligible vessels can also purchase red grouper allocation or shares from other IFQ participants. On average (2010 through 2014), 397 vessels landed red grouper each year. Their average annual vessel-level revenue for 2010 through 2014 was approximately $99,000 (2015 dollars), of which $41,000 was from red grouper.

    The maximum annual revenue reported by a single one of these vessels in 2014 was approximately $1.5 million (2015 dollars).

    On December 29, 2015, the NMFS issued a final rule establishing a small business size standard of $11 million in annual gross receipts for all businesses primarily engaged in the commercial fishing industry (NAICS 11411) for RFA compliance purposes only (80 FR 81194, December 29, 2015). Under this rule, a business primarily engaged in commercial fishing (NAICS code 11411) is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual receipts not in excess of $11 million for all its affiliated operations worldwide. The $11 million standard became effective on July 1, 2016, and is to be used in place of the U.S. Small Business Administration's (SBA) current standards of $20.5 million, $5.5 million, and $7.5 million for the finfish (NAICS 114111), shellfish (NAICS 114112), and other marine fishing (NAICS 114119) sectors of the U.S. commercial fishing industry in all NMFS rules subject to the RFA after July 1, 2016. Id. at 81194.

    Pursuant to the RFA, and prior to July 1, 2016, an IRFA was developed for this regulatory action using SBA's size standards. NMFS has reviewed the analyses prepared for this regulatory action in light of the new size standard. All of the entities directly regulated by this regulatory action are commercial fishing businesses and were considered small under the SBA's size standards, and they all would continue to be considered small under the new NMFS standard. Thus, NMFS has determined that the new size standard does not affect analyses prepared for this regulatory action. No other small entities that would be directly affected by this proposed rule have been identified.

    Of the 852 commercial vessels eligible to fish for the species managed under the FMP, 397 of them are expected to be affected by this proposed rule (approximately 47 percent). Because all entities expected to be affected by this proposed rule are small entities, NMFS has determined that this proposed rule would affect a substantial number of small entities. Moreover, the issue of disproportionate effects on small versus large entities does not arise in the present case.

    Using the Council's preferred alternative, this proposed rule would set the commercial ACL for red grouper at a constant catch value of 8,190,000 lb (3,714,922 kg). The commercial quota would be set at 95 percent of the commercial ACL. This would represent a 2,060,000 lb (934,400 kg) (36 percent) increase in the commercial quota relative to the status quo. The increased quota would be expected to result in an increase in commercial red grouper harvests, although this increase would be constrained by industry capacity, individual harvesters' profit maximization strategies, and current Federal management restrictions. Economic benefits may accrue to the commercial sector as a result of the increased landings and availability of red grouper allocation; however, these would be tempered by potential decreases in ex-vessel and IFQ allocation prices. It is not possible to quantify these economic effects with available data. For 2016, it is unlikely that the commercial fleet would be able to harvest the totality of the additional red grouper amounts made available by the increase in this proposed rule, because if implemented, this framework action would likely not be effective until early fall of 2016. In subsequent years, commercial fishermen may or may not be able to scale-up their operations to harvest the full quota. Price effects in both the ex-vessel and allocation transfer markets would depend on the price elasticity of demand for red grouper and red grouper allocation, respectively. Assuming the price elasticity of demand (percentage change in quantity demanded divided by the percentage change in price) for red grouper in the ex-vessel market is greater than one (i.e., the percentage change in quantity demanded is greater than the percentage change in price), then an increase in landings would result in an increase in ex-vessel revenue and vice versa. Assuming the price elasticity of demand for red grouper allocation is greater than 1, IFQ shareholders would experience an overall increase in allocation transfer proceeds and vice versa. With respect to IFQ share value, if investors believe that the discounted future revenue stream associated with shares is greater under the new quota than under the current quota, then share prices would be expected to increase, otherwise they would remain the same or decrease. IFQ account holders that routinely purchase red grouper allocation would likely benefit from the wider availability and cheaper price of allocation. Again, these cost savings may be offset by changes in ex-vessel prices. Additionally, if the proposed rule is implemented in 2016, those that have already purchased annual allocation for use later in 2016 would incur supplementary costs because they would have likely overpaid for the allocation. Finally, the higher quota could result in increased congestion of fishing grounds, which in turn, could have a minor impact on harvesting costs.

    The following discussion describes the alternatives that were not selected as preferred by the Council.

    Four alternatives, including the preferred alternative discussed above, were considered for modifying the red grouper OFL, ABC, and commercial and recreational sector catch levels. The first alternative, the no action alternative, would not be expected to affect current commercial red grouper harvests. This alternative was not selected because the OFL and ABC would not be based on the best scientific information available and economic benefits derived from increased commercial and recreational harvests would be forgone, possibly preventing the achievement of OY.

    The second alternative would adopt the OFL and ABC schedule recommended by the SSC for 2016 through 2020. Using the current sector allocation, the commercial and recreational ACLs would be set at 76 percent and 24 percent of the ABC, respectively. Under the second alternative, the commercial quota would be set at 95 percent of the commercial ACL and the recreational ACT would be set at 92 percent of the recreational ACL. This alternative would result in a 154 percent increase in the commercial quota in 2016, followed by successively lower quotas through 2020. In 2020 and subsequent fishing years, the red grouper commercial ACL and quota would be equivalent to the constant catch values specified in the preferred alternative. Economic effects to commercial vessels under this alternative would depend on the capacity of the fleet, individual harvesters' profit maximization strategies, current Federal management restrictions, and the effects of the quota increase on ex-vessel, IFQ allocation, and IFQ share prices. Given the very substantial size of the quota increases under this alternative, the 35-fathom (64-m) bottom longline closure during June through August each year, and the lack of issuance of new Eastern Gulf reef fish bottom longline endorsements, it is not likely that the commercial fleet would be able to harvest the entirety of its quota each year. Therefore, although positive direct economic benefits may result from additional red grouper harvests, increased availability of allocation, and potential increases in IFQ share value, they would be constrained by the industry's capacity and tempered by negative price effects. It is possible that negative price effects from increased allocation and landings could actually result in a decrease in allocation transfer proceeds and ex-vessel revenues, respectively. As for IFQ share prices, NMFS expects that they would fluctuate in the short-term as allocation and ex-vessel markets re-stabilize and investors speculate on future market and stock conditions, as well as Federal management measures. Finally, the higher commercial quotas could result in increased congestion of fishing grounds, which in turn could have a minor impact on harvesting costs. This alternative was not selected because the Council preferred to take a more conservative approach to setting the OFL, ABC, and commercial and recreational catch levels in order to account for scientific uncertainty in the stock assessment, specifically the below average red grouper recruitment in the Gulf, since 2005, and to reduce the chances of negative economic effects to commercial vessels from a large increase in the red grouper quota.

    The third alternative would implement the constant catch OFL and ABC recommended by the SSC. Using the current sector allocation, the commercial and recreational ACLs would be set at 76 percent and 24 percent of the ABC, respectively. The commercial quota would be set at 95 percent of the commercial ACL and the recreational ACT would be set at 92 percent of the recreational ACL. This would represent a 76 percent increase in the commercial quota from the current quota. This alternative would result in a greater commercial quota compared to the preferred alternative, but a lesser quota compared to the second alternative through 2017. After 2017, the constant catch commercial ACL and quota under this alternative would be greater than both the preferred alternative and the second alternative. Once again, economic effects to commercial vessels under this alternative would depend on the capacity of the fleet, individual harvesters' profit maximization strategies, current Federal management restrictions, and the effects of the quota increase on ex-vessel and IFQ allocation and share prices. As was the case with the second alternative, given the very substantial size of the quota increase under this alternative, the 35-fathom (64-m) bottom longline closure during June through August each year, and the lack of issuance of new Eastern Gulf reef fish bottom longline endorsements, it is not likely that the commercial fleet would be able to harvest the entirety of its quota each year. Therefore, although positive direct economic benefits may result from additional red grouper harvests, increased availability of allocation, and potential increases in IFQ share value, they would be constrained by the industry's capacity and tempered by negative price effects. As discussed earlier, these negative price effects could actually outweigh the economic benefits of increased allocation and landings. Additionally, IFQ share prices would likely fluctuate in the short-term. There would also be an increased potential for fishing congestion and, in turn, increased harvesting costs. Because the commercial quota would be less than under the second alternative but greater than under the preferred alternative, it would be expected to fall somewhere in between those alternatives in terms of potential landings and likelihood of negative price effects for 2016 and 2017. In the long-term, this alternative would result in the greatest commercial quota and greatest potential landings. Because there is insufficient data to estimate the total expected change in landings and revenue, it is not possible to definitively state which alternative would be expected to result in the greatest economic benefits to the commercial sector. This alternative was not selected for the same reasons the Council did not select the second alternative.

    List of Subjects in 50 CFR Part 622

    Annual catch limits, Annual catch targets, Fisheries, Fishing, Gulf, Recreational, Red grouper, Reef fish, Quotas.

    Dated: July 15, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 622 is proposed to be amended as follows:

    PART 622—FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH ATLANTIC 1. The authority citation for part 622 continues to read as follows: Authority:

    16 U.S.C. 1801 et seq.

    2. In § 622.39, revise paragraph (a)(1)(iii)(C) to read as follows:
    § 622.39 Quotas.

    (a) * * *

    (1) * * *

    (iii) * * *

    (C) Red grouper—7,780,000 lb (3,528,949 kg).

    3. In § 622.41, revise the last sentence of paragraph (e)(1) and paragraph (e)(2)(iv) to read as follows:
    § 622.41 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures (AMs).

    (e) * * *

    (1) * * * The applicable commercial ACL for red grouper, in gutted weight, is 8,190,000 lb (3,714,922 kg).

    (2) * * *

    (iv) The recreational ACL for red grouper, in gutted weight, is 2,580,000 lb (1,170,268 kg). The recreational ACT for red grouper, in gutted weight, is 2,370,000 lb (1,075,014 kg).

    [FR Doc. 2016-17518 Filed 7-25-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 160531477-6477-01] RIN 0648-BG10 Atlantic Highly Migratory Species; Removal of Vessel Upgrade Restrictions for Swordfish Directed Limited Access and Atlantic Tunas Longline Category Permits AGENCY:

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

    ACTION:

    Proposed rule; request for comments.

    SUMMARY:

    This proposed rule would remove vessel upgrading restrictions for vessels issued swordfish directed and Atlantic tunas Longline category limited access permits (LAPs). Currently, regulations allow for upgrading vessels or transferring permits to another vessel only if the vessel upgrade or permit transfer results in an increase of no more than 35 percent in length overall, gross registered tonnage, and net tonnage, as measured relative to the baseline vessel specifications (i.e., the specifications of the vessel first issued an HMS LAP). The proposed rule eliminates these restrictions on upgrades and permit transfers. This action could affect vessel owners issued swordfish directed and Atlantic tunas Longline category LAPs and fishing in the Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea. Swordfish handgear LAP upgrade restrictions are not being addressed in this proposed rule.

    DATES:

    Written comments must be received by September 26, 2016. An operator-assisted, public conference call and webinar will be held on August 23, 2016, from 2:30 p.m. to 4:30 p.m., EST.

    ADDRESSES:

    The conference call information is phone number 888-843-6165; participant passcode 6512640. Participants are strongly encouraged to log/dial in 15 minutes prior to the meeting. NMFS will show a brief presentation via webinar followed by public comment. To join the webinar go to: https://noaaevents2.webex.com/noaaevents2/onstage/g.php?MTID=e7bad02475e6061ff9227fb0842ccf332; meeting number: 998 920 078; event password: NOAA. Participants that have not used WebEx before will be prompted to download and run a plug-in program that will enable them to view the webinar.

    You may submit comments on this document, identified by NOAA-NMFS-2016-0087, by any of the following methods:

    Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0087, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    Mail: Submit written comments to Margo Schulze-Haugen, NMFS/SF1, 1315 East-West Highway, SSMC3, Silver Spring, MD 20910.

    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, etc.), 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).

    Presentation materials and copies of the supporting documents are available from the HMS Management Division Web site at http://www.nmfs.noaa.gov/sfa/hms/ or by contacting Steve Durkee by phone at 202-670-6637 or Rick Pearson by phone at 727-824-5399.

    FOR FURTHER INFORMATION CONTACT:

    Steve Durkee by phone at 202-670-6637 or Rick Pearson by phone at 727-824-5399.

    SUPPLEMENTARY INFORMATION:

    Background

    The U.S. Atlantic swordfish and tuna fisheries are managed under the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP) and its amendments. Implementing regulations at 50 CFR part 635 are issued under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq., and the Atlantic Tunas Convention Act (ATCA), 16 U.S.C. 971 et seq. ATCA authorizes the Secretary of Commerce (Secretary) to promulgate regulations, as may be necessary and appropriate, to implement recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT).

    In 1999, the National Marine Fisheries Service (NMFS) issued initial LAPs in the Atlantic swordfish and shark fisheries (64 FR 29090, March 28, 1999). To be eligible to fish with pelagic longline gear, a vessel had to be issued a swordfish directed or incidental LAP, a shark directed or incidental LAP, and an Atlantic tunas Longline category permit. After initial issuance of these permits, no new permits were issued by NMFS, but permits could be transferred to other vessels. Swordfish and shark directed LAPs included restrictions on vessel upgrading and permit transfers. Vessel upgrades and permit transfers were allowed only if the upgrade or permit transfer to another vessel did not result in an increase in horsepower of more than 20 percent or an increase of more than 10 percent in length overall, gross registered tonnage, or net tonnage relative to the respective specifications of the first vessel issued the initial LAP (the baseline vessel). Additionally, vessels could only be upgraded one time. These vessel upgrading restrictions were put into place to limit capacity in the swordfish fishery and to be consistent with the New England and Mid-Atlantic Fishery Management Council's permit policies at the time. Incidental LAPs for these species did not have vessel upgrading restrictions. Upgrading restrictions for Atlantic tunas Longline category LAPs were not explicitly implemented in the 1999 rule. As a practical effect, Atlantic tunas Longline category LAPs were limited by the same upgrading restrictions as the swordfish and shark directed permits due to the requirement to hold all three permits when fishing with pelagic longline gear.

    On June 7, 2007 (72 FR 31688), NMFS issued a final rule amending the highly migratory species (HMS) fishery regulations to provide additional opportunities for U.S. vessels to more fully utilize the North Atlantic swordfish quota, recognizing the improved status of the species. The ICCAT Standing Committee on Research and Statistics (SCRS) had completed a stock assessment for North Atlantic swordfish in October 2006 indicating that the North Atlantic swordfish biomass had improved, possibly due to strong recruitment in the late 1990s combined with reductions in reported catch since then. The SCRS estimated that the stock biomass at the beginning of 2006 (B2006) was at 99 percent of the biomass necessary to produce maximum sustainable yield (Bmsy), and the 2005 fishing mortality rate (F2005) was estimated to be 0.86 times the fishing mortality rate at maximum sustainable yield (Fmsy). The 2007 action modified limited access vessel upgrading and permit transfer restrictions for vessels that were concurrently issued, or were eligible to renew, directed or incidental swordfish, directed or incidental shark, and Atlantic tunas Longline category LAPs (i.e., vessels that were eligible to fish with pelagic longline gear). The rule also clarified that Atlantic tunas Longline category LAPs were subject to the same vessel upgrade restrictions as swordfish and shark directed LAPs. These measures allowed eligible vessel owners to upgrade their vessels by 35 percent in size (length overall, gross registered tonnage, and net tonnage) relative to the specifications of the baseline vessel, and removed upgrade limits on horsepower. Additionally, these permits could be upgraded more than once, provided that the new maximum upgrade limits were not exceeded.

    NMFS now is considering removing these vessel upgrading restrictions for vessels issued swordfish directed and Atlantic tunas Longline category LAPs. Under the current regulatory framework and given the now rebuilt status of the North Atlantic swordfish stock, these restrictions have the effect of reducing flexibility in the pelagic longline fishery for persons interested in entering the fishery, purchasing a new vessel, or upgrading their existing vessel. Currently, a new entrant to the fishery must obtain an available permit with an associated maximum upgrade limit that accommodates his vessel size. This can limit and complicate the permit transfer as the owner searches for a permit suitable to the vessel. For a vessel owner who is already issued a swordfish directed and/or Atlantic tunas Longline category LAP that wants to purchase a new vessel or enlarge an existing vessel, the new or upgraded vessel may not exceed the permit's maximum vessel upgrading limit. This can limit and complicate the permit holder's purchasing options. Because there are usually only a small number of swordfish directed and Atlantic tunas Longline permits available, it is often difficult to find a permit that accommodates the target vessel size. NMFS also has heard from swordfish and tuna LAP permit holders that the vessel upgrading restrictions restrict their ability to transfer permits to newer vessels, which could have greater capacity, and address safety issues that exist with older vessels. For these reasons, and those discussed below, NMFS is proposing to remove vessel upgrading restrictions for swordfish directed and Atlantic tunas Longline LAPs.

    Since implementing the vessel upgrade requirements in 1999 and modifying them in 2007, several important things have changed in the Atlantic HMS pelagic longline fishery. First, there are fewer swordfish permit holders. From the mid-to-late 1990s, more than 2,000 commercial open access swordfish permits were issued annually, and the pelagic longline fleet had become overcapitalized. The directed swordfish fishery was closed temporarily in 1995, and again in 1997, due to quota overages, and the swordfish stock was overfished (B/Bmsy = 0.715) with overfishing occurring (F/Fmsy = 1.169). Also in 1999, ICCAT adopted an international rebuilding plan for North Atlantic swordfish (ICCAT Recommendation 99-02) and passed a resolution to examine time/area closures and gear modification measures to reduce catches of undersized swordfish (Res. 99-04). Thus, in 1999, NMFS was particularly concerned about ensuring that pelagic longline fishing effort and fleet capacity were commensurate with the available swordfish quota, and the vessel upgrading restrictions were part of NMFS' management strategy to reduce capacity. That situation does not exist today. Fleet capacity has been reduced through the successful application of the initial LAP qualification criteria and attrition over time. In 1998, prior to the implementation of upgrade restrictions, 233 pelagic longline vessels among the 2,000 permit holders landed swordfish and thus were considered “active.” The number of such vessels dropped to a low of 102 in 2006 and has remained between 109 and 122 vessels since then. Similarly, as of December 30, 1999, approximately 451 directed and incidental swordfish LAPs had been issued. By 2015, permit numbers had been reduced to 260 directed and incidental swordfish LAPs. Permit numbers are expected to remain at approximately these levels because no new LAPs are being issued.

    Second, other requirements implemented since 1999, such as those designed to reduce bycatch in the pelagic longline fishery (e.g., closed areas, bait requirements, individual bluefin tuna quotas, and gear restrictions), have also limited fishing effort. The directed North Atlantic swordfish quota has not been exceeded in almost 20 years and, in fact, has been underharvested for a number of years.

    Third, during this same time period, the stock status of north Atlantic swordfish has significantly improved. In 2009, ICCAT declared that the stock has been fully rebuilt. Using domestic stock status thresholds, NMFS has also declared that the north Atlantic swordfish stock is not overfished and that overfishing is not occurring.

    In addition to limiting capacity in the HMS pelagic longline fishery, a secondary goal for implementing the specific swordfish directed and Atlantic tunas Longline vessel upgrade limits adopted in 1999 was to be consistent with similar regulations previously established by the New England and Mid-Atlantic Fishery Management Councils (Councils). In August 2015, the Councils removed gross registered and net tonnage limits (80 FR 51754) so that only length and horsepower limits remain in effect. Because this HMS action would remove all upgrade restrictions for vessels issued swordfish directed and Atlantic tunas Longline category LAPs, only the Council regulations would limit vessel upgrading for vessels issued LAPs for both Council-managed species and HMS. Thus, there would be no conflict between Council and HMS vessel upgrade restrictions. This action would simplify compliance for dually permitted vessels and provide greater flexibility for HMS permitted vessels.

    The overall reduction in pelagic longline fleet capacity, in combination with the totality of effort controls implemented since 1999, sufficiently limits the fishery's capacity. Vessel upgrading and related permit transfer restrictions are no longer necessary or relevant for the Atlantic HMS pelagic longline fishery at this time. Thus, this proposed rule would remove all upgrading restrictions for vessels issued swordfish directed and Atlantic tunas Longline category LAPs. Although limited in scope, this action would ease a barrier to entry in the pelagic longline fishery, facilitate limited access permit transfers, provide increased business flexibility, and help vessel owners address safety issues.

    The proposed action would provide more flexibility for current permit holders by eliminating the upgrading restrictions for swordfish directed and Atlantic tunas Longline category LAP permit holders. Eliminating vessel upgrading restrictions would have short- and long-term minor beneficial socioeconomic impacts, since it would allow fishermen to buy, sell, or transfer swordfish directed and Atlantic tunas Longline category LAPs without concerns about exceeding the maximum upgrade limit for the permits.

    Removing the upgrading restrictions is not expected to affect the number of swordfish and tunas being landed by vessels, as these amounts are determined by established quotas and effort controls (including, for example, individual vessel quotas for bluefin tuna) not the size of the vessel. Thus, this action is expected to have no ecological impacts and would not result in additional interactions with protected resources, given the other restrictions on the Atlantic HMS pelagic longline fishery.

    Request for Comments

    NMFS is requesting comments on any of the measures or analyses described in this proposed rule. NMFS is specifically requesting comments on its decision to certify that the proposed rule would not have a significant economic impact on a substantial number of small entities and on the analysis below that supports that decision and on our assessment that relieving the restrictions would have no ecological impacts. During the comment period, NMFS will hold one conference call and webinar for this proposed rule. The conference call and webinar will be held on August 23, 2016, from 2:30-4:30 p.m. EST. Please see the DATES and ADDRESSES headings for more information.

    The public is reminded that NMFS expects participants on phone conferences to conduct themselves appropriately. At the beginning of the conference call, a representative of NMFS will explain the ground rules (e.g., all comments are to be directed to the agency on the proposed action; attendees will be called to give their comments in the order in which they registered to speak; each attendee will have an equal amount of time to speak; attendees may not interrupt one another; etc.). NMFS representative(s) will structure the meeting so that all attending members of the public will be able to comment, if they so choose, regardless of the controversial nature of the subject(s). Attendees are expected to respect the ground rules, and those that do not may be removed from the conference call.

    Classification

    Pursuant to the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the 2006 Consolidated HMS FMP and its amendments, other provisions of the Magnuson-Stevens Act, the Atlantic Tuna Convention Act, and other applicable law, subject to further consideration after public comment.

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

    NMFS has made a preliminary determination that this action qualifies to be categorically excluded from the requirement to prepare an environmental assessment in accordance with NMFS' Environmental Review Procedures for Implementing the National Environmental Policy Act (NOAA Administrative Order 216-6), subject to further consideration after public comment. This action falls within the scope of effects already analyzed in the Final Environmental Impact Statement (EIS) prepared for the 2006 Consolidated Atlantic HMS FMP, the 2012 Environmental Assessment prepared for the rulemaking on North and South Atlantic Swordfish Quotas and Management Measures (77 FR 45273, July 31, 2012), and the Final EIS for Amendment 7 to the 2006 Consolidated HMS FMP. Section 6.03a.3.(b)(2) of NOAA Administrative Order 216-6 specifies that certain actions may be categorically excluded from further NEPA analysis including minor changes to a management plan when those effects have already been analyzed and additional effects are not expected. This action will have no additional effects that were not already analyzed, and the action is not precedent-setting or controversial. It would not affect the number of swordfish and tunas being landed by vessels and would not result in additional interactions with protected resources, as these amounts are determined by the established quotas and effort controls, not the size of the vessel, and the effects of those established quotas and effort controls have already been analyzed.

    NMFS has determined that this proposed rule will have no effects on any coastal use or resource, and a negative determination pursuant to 15 CFR 930.35 is not required. Therefore, pursuant to 15 CFR 930.33(a)(2), coordination with appropriate state agencies under section 307 of the Coastal Zone Management Act (CZMA) is not required. No changes to the human environment are anticipated because removing the vessel upgrading restrictions would not affect the number of swordfish and tunas being landed by vessels, as these amounts are determined by the established quotas and effort controls, not the size of the vessel.

    The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities under section 605(b) of the Regulatory Flexibility Act (RFA).

    The U.S. Atlantic swordfish and tuna fisheries are managed under the 2006 Consolidated Highly Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) and its amendments. Implementing regulations at 50 CFR part 635 are issued under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq., and ATCA, 16 U.S.C. 971 et seq. ATCA authorizes the Secretary of Commerce (Secretary) to promulgate regulations, as may be necessary and appropriate, to implement ICCAT recommendations. As discussed above, the purpose of this proposed rule is to remove vessel upgrading restrictions for vessels issued swordfish directed and Atlantic tunas Longline category LAPs to ease a barrier to entry in the pelagic longline fishery, facilitate limited access permit transfers, provide increased business flexibility, and help vessel owners address safety issues.

    Section 603(b)(3) of the Regulatory Flexibility Act requires Agencies to provide an estimate of the number of small entities to which the rule would apply. The Small Business Administration (SBA) has established size criteria for all major industry sectors in the United States, including fish harvesters. Under SBA's regulations, an agency may develop its own industry-specific size standards after consultation with the SBA Office of Advocacy and an opportunity for public comment (see 13 CFR 121.903(c)). Under this provision, NMFS may establish size standards that differ from those established by the SBA Office of Size Standards, but only for use by NMFS and only for the purpose of conducting an analysis of economic effects in fulfillment of the agency's obligations under the RFA. On December 29, 2015, NMFS issued a final rule establishing a small business size standard of $11 million in annual gross receipts for all businesses primarily engaged in the commercial fishing industry (NAICS 11411) for RFA compliance purposes only (80 FR 81194, December 29, 2015). The $11 million standard became effective on July 1, 2016, and is to be used in place of the SBA's current standards of $20.5 million, $5.5 million, and $7.5 million for the finfish (NAICS 114111), shellfish (NAICS 114112), and other marine fishing (NAICS 114119) sectors of the U.S. commercial fishing industry in all NMFS rules subject to the RFA after July 1, 2016. Id. at 81194.

    NMFS considers all HMS pelagic longline permit holders to be small entities because these vessels have reported annual gross receipts of less than $11 million for commercial fishing. NMFS has determined that this proposed rule would apply to the 280 permit holders that were issued Atlantic tunas Longline category LAPs in 2015, since these permit holders also already possess the required swordfish directed or incidental permits to fish with pelagic longline gear.

    The economic effects of this proposed rule to remove vessel upgrading restrictions for vessels issued swordfish directed and Atlantic tunas Longline category LAPs would likely not result in any significant adverse impacts on the 280 permit holders. The removal of vessel upgrading restrictions would reduce a regulatory burden that prevents fishermen from upgrading their vessels beyond established limits due to an outdated restriction. It would not result in any short-term costs to these small entities. This proposed rule would allow these permit holders to freely upgrade their vessels without being constrained by the length overall, gross registered tonnage, and net tonnage limits currently specified on their permits. In the short-term, it is likely that only a few permit holders will opt to invest in new vessels or vessel upgrades based on past experience with these kinds of requests. Those who invest in new vessels or upgrades in the short-term would potentially face lower transaction costs, since they would not have to potentially search for and acquire permits with higher upgrade capabilities. In addition, new entrants in the fishery would have more options in acquiring permits, since they would not be limited by vessel size. Current permit holders with permits with high length overall, gross registered tonnage, and net tonnage baselines might face slightly lower demand for their permits, and thus reduced value of their permits under this proposed rule because these permits can currently be transferred to more, and larger, vessels than permits with lower baseline specifications. However, since the implementation of Individual Bluefin Quota (IBQ) program under Amendment 7 to the 2006 Consolidated HMS FMP, much of the economic value of the swordfish directed and Atlantic tunas Longline category permit value has shifted from these permits to the actual IBQ shares bundled with those permits, because IBQ allocation is now required to fish with pelagic longline gear. Therefore, the likely economic impact on permit values of this proposed rule to remove vessel upgrade restrictions is likely very limited. In the long-term, removing the upgrading restrictions would allow greater flexibility for permit holders to upgrade their vessels and address safety issues. The removal of upgrading restrictions is not expected to result in disproportionate adverse effects on pelagic longline fishing operations of different sizes, and is actually likely to help smaller vessel owners slightly more than owners of larger vessels because they are more likely to have lower vessel upgrade limits associated with their permits. Overall, this proposed rule would likely only result in some minor positive impacts on small entity profitability.

    This action is not expected to result in a significant economic impact on the small entities currently subject to the vessel upgrading restrictions. Although limited in scope, this action would ease a barrier to entry in the pelagic longline fishery, facilitate limited access permit transfers, provide increased business flexibility, and help vessel owners address safety issues. Therefore, removing vessel upgrading restrictions for vessels issued swordfish directed and Atlantic tunas Longline category LAPs will not have a significant impact on a substantial number of small entities. As a result, no initial regulatory flexibility analysis is required, and none has been prepared.

    List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, Penalties, Reporting and recordkeeping requirements, Treaties.

    Dated: July 21, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

    For reasons set out in the preamble, NMFS proposes to amend 50 CFR part 635 as follows:

    PART 635—ATLANTIC HIGHLY MIGRATORY SPECIES 1. The authority citation for part 635 continues to read as follows: Authority:

    16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

    2. In § 635.4, revise paragraphs (l)(2)(i), (l)(2)(ii) introductory text, (l)(2)(ii)(B), and (l)(2)(ii)(C) to read as follows:
    § 635.4 Permits and fees.

    (l) * * *

    (2) * * *

    (i) Subject to the restrictions on upgrading the harvesting capacity of permitted vessels in paragraph (l)(2)(ii) of this section, as applicable, and to the limitations on ownership of permitted vessels in paragraph (l)(2)(iii) of this section, an owner may transfer a shark or swordfish LAP or an Atlantic Tunas Longline category permit to another vessel that he or she owns or to another person. Directed handgear LAPs for swordfish may be transferred to another vessel or to another person but only for use with handgear and subject to the upgrading restrictions in paragraph (l)(2)(ii) of this section and the limitations on ownership of permitted vessels in paragraph (l)(2)(iii) of this section. Shark directed and incidental LAPs, swordfish directed and incidental LAPs, and Atlantic Tunas Longline category permits are not subject to the upgrading requirements specified in paragraph (l)(2)(ii) of this section. Shark and swordfish incidental LAPs are not subject to the ownership requirements specified in paragraph (l)(2)(iii) of this section.

    (ii) An owner may upgrade a vessel with a swordfish handgear LAP, or transfer such permit to another vessel or to another person, and be eligible to retain or renew such permit only if the upgrade or transfer does not result in an increase in horsepower of more than 20 percent or an increase of more than 10 percent in length overall, gross registered tonnage, or net tonnage from the vessel baseline specifications.

    (B) Subsequent to the issuance of a swordfish handgear limited access permit, the vessel's horsepower may be increased, relative to the baseline specifications of the vessel initially issued the LAP, through refitting, replacement, or transfer. Such an increase may not exceed 20 percent of the baseline specifications of the vessel initially issued the LAP.

    (C) Subsequent to the issuance of a swordfish handgear limited access permit, the vessel's length overall, gross registered tonnage, and net tonnage may be increased, relative to the baseline specifications of the vessel initially issued the LAP, through refitting, replacement, or transfer. An increase in any of these three specifications of vessel size may not exceed 10 percent of the baseline specifications of the vessel initially issued the LAP. This type of upgrade may be done separately from an engine horsepower upgrade.

    [FR Doc. 2016-17646 Filed 7-25-16; 8:45 am] BILLING CODE 3510-22-P
    81 143 Tuesday, July 26, 2016 Notices DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Doc. No. AMS-SC-16-0020; SC16-930-2] Notice of Request for Extension and Revision of a Currently Approved Information Collection AGENCY:

    Agricultural Marketing Service, USDA.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intent to request an extension for and revision to a currently approved information collection for Tart Cherries Grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin, pursuant to Marketing Order No. 930.

    DATES:

    Comments on this notice must be received by September 26, 2016.

    ADDRESSES:

    Interested persons are invited to submit written comments concerning this notice. Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Fax: (202) 720-8938; or Internet: www.regulations.gov. Comments should reference the docket number and the date and page number of this issue of the Federal Register and will be available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: www.regulations.gov. All comments submitted in response to this notice will be included in the record and will be made available to the public. Please be advised that the identity of individuals or entities submitting the comments will be made public on the internet at the address provided above.

    FOR FURTHER INFORMATION CONTACT:

    Andrew Hatch, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Room 1406-S, Washington, DC 20250-0237; Telephone: (202) 720-6862, Fax: (202) 720-8938, or Email: [email protected]

    Small businesses may request information on complying with this regulation 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:

    Title: Tart Cherries Grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. Marketing Order No. 930 (7 CFR part 930).

    OMB Number: 0581-0177.

    Expiration Date of Approval: December 31, 2016.

    Type of Request: Extension and revision of a currently approved information collection.

    Abstract: Marketing order programs provide an opportunity for producers of fresh fruits, vegetables, and specialty crops, in a specified production area, to work together to solve marketing problems that cannot be solved individually. Marketing order regulations help ensure adequate supplies of high quality product and adequate returns to producers. Marketing orders are authorized under the Agricultural Marketing Agreement Act of 1937 (Act), as amended (7 U.S.C. 601-674). The Secretary of Agriculture oversees these operations and issues regulations recommended by a committee of representatives from the respective commodity industry.

    The information collection requirements in this request are essential to carry out the intent of the AMAA and to administer the program, which has operated since 1996.

    The Federal marketing order for tart cherries (7 CFR part 930) regulates the handling of tart cherries grown in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. The marketing order authorizes volume regulations that provide for a reserve pool in times of heavy cherry supplies. The marketing order also provides for minimum grade and size regulations, and market research and development projects, including paid advertising. These provisions are not currently in use.

    The marketing order, and rules and regulations issued thereunder, authorizes the Cherry Industry Administrative Board (Board), the agency responsible for local administration of the order, to require handlers and growers to submit certain information. Much of this information is compiled in aggregate and provided to the Board to assist in carrying out marketing decisions.

    The Board has developed 11 forms as a means for persons to file the required and minimum necessary reports with the Board, such as tart cherry inventories, shipments, diversions, and background data. All the information provided is needed to effectively carry out the requirements of the marketing order and fulfill the intent of the AMAA as expressed in the marketing order. Since this order regulates canned and frozen forms of tart cherries, reporting requirements will be in effect all year.

    Nine U.S. Department of Agriculture (USDA) forms are also included in this request. Tart cherry growers and handlers nominated by their peers to serve as representatives on the Board must submit nomination forms to the USDA. Formal rulemaking amendments to the marketing order must be approved in grower referenda authorized and conducted by the USDA. In addition, USDA may conduct a referendum to determine industry support for continuation of the marketing order. Finally, handlers are asked to sign an agreement to indicate their willingness to comply with the provisions of the marketing order if the order is amended.

    The information collected is used only by authorized representatives of the USDA, including AMS, Specialty Crops Programs' regional and headquarters staff, and authorized Board employees. Authorized Board employees and the industry are the primary users of the information, and AMS is the secondary user.

    Estimate of Burden: Public reporting burden for this collection of information is estimated to average .227 hours per response.

    Respondents: Tart cherry growers and for-profit businesses handling fresh and processed tart cherries produced in Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin.

    Estimated Number of Respondents: 642.

    Estimated Number of Responses: 3,270.

    Estimated Number of Responses per Respondent: 5.09.

    Estimated Total Annual Burden on Respondents: 741 hours.

    Comments: Comments are invited on: (1) Whether this collection of information is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (2) the accuracy of the agency's estimate of the burden of the collection of information including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information collected; and (4) ways to minimize the burden of the collection of information on those who respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Comments should reference this docket number and the appropriate marketing order and be sent to the USDA in care of the Docket Clerk at the address above. All comments received within the provided comment period will be available for public inspection during regular business hours at the same address.

    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.

    AMS is committed to compliance 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.

    A 60-day comment period is provided to allow interested persons to respond to the notice.

    Dated: July 21, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service.
    [FR Doc. 2016-17702 Filed 7-25-16; 8:45 am] BILLING CODE 3410-02-P
    DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2016-0021] National Wildlife Services Advisory Committee; Meeting AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    We are giving notice of a meeting of the National Wildlife Services Advisory Committee.

    DATES:

    The meeting will be held on August 2, 3, and 4, 2016, from 8 a.m. to 5 p.m. each day. On August 2, 2016, the Committee will participate in an off-site activity to observe local Wildlife Services field projects. The Committee's business meeting will take place August 3 and 4, 2016.

    ADDRESSES:

    The meeting will be held at the Holiday Inn Express located at 2102 South C Street, Tacoma, WA 98402.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Carrie Joyce, Designated Federal Officer, Wildlife Services, APHIS, 4700 River Road Unit 87, Riverdale, MD 20737; (301) 851-3999.

    SUPPLEMENTARY INFORMATION:

    The National Wildlife Services Advisory Committee (the Committee) advises the Secretary of Agriculture concerning policies, program issues, and research needed to conduct the Wildlife Services (WS) program. The Committee also serves as a public forum enabling those affected by the WS program to have a voice in the program's policies.

    The meeting will focus on operational and research activities. The Committee will discuss WS efforts to increase operational capacity through prioritizing research objectives. Additionally, the Committee will discuss pertinent national programs and how to increase their effectiveness, as well as ensuring WS remains an active participant in the goal of agricultural protection.

    The meeting will be open to the public. However, due to time constraints, the public will not be allowed to participate in the discussions during the meeting. Written statements on meeting topics may be filed with the Committee before or after the meeting by sending them to the person listed under FOR FURTHER INFORMATION CONTACT. Written statements may also be filed at the meeting. Please refer to Docket No. APHIS-2016-0021 when submitting your statements.

    This notice of meeting is given pursuant to section 10 of the Federal Advisory Committee Act.

    Done in Washington, DC, this 20th day of July 2016. Michael C. Gregoire, Acting Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2016-17627 Filed 7-25-16; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Forest Service Submission for OMB Review; Comment Request July 21, 2016.

    The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments are requested regarding (1) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques and other forms of information technology.

    Comments regarding this information collection received by August 25, 2016 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725—17th Street NW., Washington, DC 20503. Commentors are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Copies of the submission(s) may be obtained by calling (202) 720-8681.

    An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

    Forest Service

    Title: Youth Conservation Corps Application & Medical History Forms.

    OMB Control Number: 0596-0084.

    Summary of Collection: The Youth Conservation Corps Act of 1970, as amended (Pub. L. 93-408), and 16 U.S.C. 1701-1706, Chapter 37, Youth Conservation Corps and Public Lands Corps, authorizes the USDA Forest Service (FS) and Department of the Interior agencies Fish and Wildlife Service and National Park Service to collect information on applications and medical history forms to evaluate the eligibility of youths 15 to 18 years old for employment with the Youth Conservation Corps (YCC). FS and the Department of Interior cooperate to provide seasonal employment for eligible youth and in doing so prepare the young adults of this country for the ultimate responsibility of maintaining and managing these resources for the American people.

    Need and Use of the Information: Youth, ages 15-18, who seek training and employment with participating agencies through the YCC must complete an application form (FS-1800-18) and once selected for employment must complete a medical history form (FS-1800-3). The applicant's parents or guardian must sign both forms. The application form is used in the random selection process and the medical history form provides information needed to determine certification of suitability, any special medical or medication needs, and a file record for the Federal Government and participants. If these forms were not used, the Federal government's ability to oversee the Youth Conservation Corps program would be greatly impaired. The organizational and liability issues that would result from inability to collect this information needed to manage the program would be virtually insurmountable.

    Description of Respondents: Individuals or households.

    Number of Respondents: 8,500.

    Frequency of Responses: Annually.

    Total Burden Hours: 4,360.

    Ruth Brown, Departmental Information Collection Clearance Officer.
    [FR Doc. 2016-17610 Filed 7-25-16; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Rural Housing Service Submission for OMB Review; Comment Request July 21, 2016.

    The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments are requested regarding (1) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on 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 regarding this information collection received by August 25, 2016 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725—17th Street NW., Washington, DC 20502. Commenters are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Copies of the submission(s) may be obtained by calling (202) 720-8958.

    An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

    Rural Housing Service

    Title: 7 CFR 3570 Community Facilities Technical Assistance and Training Grant Program.

    OMB Control Number: 0575-0198.

    Summary of Collection: The Community Facilities Technical Assistance and Training (TAT) is a competitive grant program which the Rural Housing Service (RHS) administers. Section 306 of the Consolidated Farm and Rural Development Act (CONACT), 7 U.S.C. 1926, was amended by Section 6006 of the Agriculture Act of 2014 (Pub. L. 113-79) to establish the Community Facilities Technical Assistance and Training Grant. Section 6006 authorized grants be made to public bodies and private nonprofit corporations (including Indian Tribes) that will serve rural areas for the purpose of enabling the grantees to provide to associations technical assistance and training with respect to essential community facilities authorized under Section 306(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)). Grants can be made for 100 percent of the cost of assistance.

    Need and Use of the Information: Eligible entities receive TAT grants to help small rural communities or areas identify and solve problems relating to essential community facilities. The grant recipients may provide technical assistance to public bodies and private nonprofit corporations. Applicants applying for TAT grants must submit an application, which includes an application form, narrative proposal, various other forms, certifications, and supplemental information. The Rural Development State Offices and the RHS National Office staff will use the information collected to determine applicant eligibility, project feasibility, and the applicant's ability to meet the grant and regulatory requirements. Failure to collect proper information could result in improper determinations of eligibility or improper use of funds.

    Description of Respondents: Not-for-Profit Institutions.

    Number of Respondents: 70.

    Frequency of Responses: Reporting: Annually.

    Total Burden Hours: 2,184.

    Ruth Brown, Departmental Information Collection Clearance Officer.
    [FR Doc. 2016-17606 Filed 7-25-16; 8:45 am] BILLING CODE 3410-XV-P
    ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD [Docket No. ATBCB-2016-0001] RIN 3014-0012 Proposed Renewal of Information Collection; OMB Control Number 3014-0012, Online Architectural Barriers Act (ABA) Complaint Form AGENCY:

    Architectural and Transportation Barriers Compliance Board.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    We, the Architectural and Transportation Barriers Compliance Board (Access Board), plan to request that the Office of Management and Budget (OMB) renew its approval for the information collection described below, namely our Online Architectural Barriers Act Complaint Form—Office of Management and Budget (OMB) Control Number 3014-0012. In compliance with the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other federal agencies to comment on this information collection. The information collection is scheduled to expire on July 31, 2016, and we propose to continue using the instrument for an additional three years.

    DATES:

    Consideration will be given to all comments received by September 26, 2016.

    ADDRESSES:

    Submit comments by any of the following methods:

    • Federal eRulemaking Portal http://www.regulations.gov. Follow the instructions for submitting comments. Regulations.gov ID for this docket is ATBCB-2016-0001.

    Email: [email protected] Include docket number ATBCB-2016-0001 in the subject line of the message.

    Fax: 202-272-0081.

    Mail or Hand Delivery/Courier: Mario Damiani, Office of the General Counsel, U.S. Access Board, 1331 F Street NW., Suite 1000, Washington, DC 20004-1111.

    All comments received, including any personal information provided, will be posted without change to http://www.regulations.gov and will be available for public viewing.

    FOR FURTHER INFORMATION CONTACT:

    Mario Damiani, Office of the General Counsel, U.S. Access Board, 1331 F Street NW., Suite 1000, Washington, DC 20004-1111. Telephone number: 202-272-0050 (voice); 202-272-0064 (TTY); 202-272-0081 (Fax). Electronic mail address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Title of Collection: Online Architectural Barriers Act (ABA) Complaint Form

    OMB Control Number: 3014-0012

    Type of Request: Renewal of information collection.

    Abstract: The Architectural and Transportation Barriers Compliance Board (Access Board) is seeking to renew its information collection for its Online Architectural Barriers Act (ABA) Complaint Form. The instrument allows complainants to submit a complaint online using a standardized web-based complaint form, which prompts them to provide their allegations and other pertinent data necessary for the Access Board to investigate their ABA complaint. The form is user-friendly and accessible, and allows for greater efficiency, clarity, and timeliness in the complaint filing process.

    Use of the Information

    The Access Board enforces the ABA by investigating complaints submitted by members of the public concerning particular buildings or facilities designed, altered, or built, by or on behalf of, or leased by, federal agencies, or financed by federal funds. Over 90 percent of complaints the Access Board receives each year are submitted using the Online Complaint Form; the remainder are submitted in writing, without the need for using a hard-copy complaint form, by email, mail, or fax. The online form allows complaints to be filed 24 hours per day, seven days per week. Once complaints are filed, Access Board Compliance Specialists are assigned to investigate each complaint.

    As noted above, the Online Complaint Form prompts complainants to provide the information the Compliance Specialists need in order to investigate the complaint. First, complainants must complete the form fields for the name and address of the building or facility. Second, complainants must describe each barrier to accessibility they have found at the building or facility. Third, complainants are prompted to provide personal information, including their name, address, telephone number(s), and email address; this information is entirely optional, as complaints can be submitted anonymously. Where provided, personal information is not disclosed outside the agency without written permission of the complainant. Complainants also have the option to attach electronic files containing pictures, drawings, or other relevant documents to the online complaint form when it is filed. Once any additional information and the complaint is submitted, the system provides complainants confirmation that their complaint has been submitted successfully, together with a complaint number for them to use when making inquiries about the status of their complaint.

    We note that use of the online complaint form has greatly improved the completeness of the information included in complaints that are submitted for investigation, and that this in turn has expedited the processing of complaints.

    Estimate of Burden

    Public reporting burden for this collection of information is estimated to average less than 30 minutes to complete the online complaint form, depending on the number of alleged barriers the complainant identifies.

    There is no financial burden on the complainant. Use of the online form relieves much of the burden that the prior practice of using a paper complaint form put on complainants by making it clear which information is required and which is optional, and by essentially walking complainants through the process step-by-step. As noted above, over 90 percent of all ABA complaints are submitted using the online form, but the Access Board continues to accept complaints submitted by email, mail, or fax for complainants who prefer or need to use those filing methods.

    Respondents

    Individuals. Approximately 200 individuals file ABA complaints with the Access Board each year.

    Estimated Number of Responses

    Assuming all complainants choose to file complaints using the on-line complaint form, approximately 200 individuals would use the on-line complaint form annually.

    Frequency of Responses

    Complainants need only submit one online form for each building or facility at which they have found accessibility barriers, regardless of the number of barriers they find. Most complainants file only one ABA complaint. Complainants will need to submit a separate form for each additional building or facility at which they have found an accessibility barrier.

    Estimated Total Annual Burden on Respondents

    Approximately 30 minutes per respondent total time is all that will be needed to complete the online complaint form, for a total of 100 hours annually. Again, there is no financial burden on complainants.

    Comments Requested

    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 will have practical utility; (b) the accuracy of the estimated burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information from respondents; and (d) ways to minimize the burden of the collection of information on those who are to respond.

    David M. Capozzi, Executive Director.
    [FR Doc. 2016-17516 Filed 7-25-16; 8:45 am] BILLING CODE P
    COMMISSION ON CIVIL RIGHTS Sunshine Act Meeting Notice AGENCY:

    United States Commission on Civil Rights.

    ACTION:

    Notice of Commission telephonic business meeting.

    DATES:

    Date and Time: Friday, July 29, 2016, at 1:00 p.m. EST.

    ADDRESSES:

    Meeting to take place by telephone.

    FOR FURTHER INFORMATION CONTACT:

    Brian Walch, Public Affairs Specialist at (202) 376-8371 or [email protected]

    SUPPLEMENTARY INFORMATION:

    This business meeting is open to the public. This meeting is open to the public by telephone only. If you would like to call-in please contact Brian Walch via telephone or email at (202) 376-8371 or [email protected] for the call-in information.

    Persons with hearing impairments, please contact the above for how to access the Federal Relay Service for the meeting.

    Meeting Agenda I. Approval of Agenda II. Program Planning • Discussion and vote on finding and recommendations for FY2016 Statutory Enforcement Report • Discussion and vote on concept paper for FY2017 Statutory Enforcement Report V. Adjourn Meeting Dated: July 21, 2016. David Mussatt, Regional Programs Unit Chief, U.S. Commission on Civil Rights.
    [FR Doc. 2016-17683 Filed 7-22-16; 11:15 am] BILLING CODE 6335-01-P
    COMMISSION ON CIVIL RIGHTS Agenda and Notice of Public Meeting of the West Virginia Advisory Committee; Correction AGENCY:

    Commission on Civil Rights.

    ACTION:

    Notice; correction.

    SUMMARY:

    The Commission on Civil Rights published a notice in the Federal Register of June 15, 2016, concerning a meeting of the West Virginia Advisory Committee. The notice advised that the August 23, 2016 planning meeting will be conducted via telephone conference. In addition to listening to the discussion by calling a toll-free number, interested members of the public may attend the meeting in-person.

    FOR FURTHER INFORMATION CONTACT:

    Ivy Davis, (202) 376-7533.

    Additional Details of the August 23, 2016 Planning Meeting

    In the Federal Register of June 15, 2016, in FR Doc. 2016-14128, on page 39022, add the following new paragraph after paragraph three, which ends with the conference call ID number. The new paragraph to read:

    Interested members of the public may also attend the Tuesday, August 23, 2016 meeting in-person at the following address: Kanawha County Clerk's Office—Voter Registration Room, 1st Floor, 415 Quarrier Street, Charleston, WV 25301. The meeting convenes at 12:00 p.m. (EDT).

    Dated: July 21, 2016. David Mussatt, Chief, Regional Programs Coordination Unit.
    [FR Doc. 2016-17623 Filed 7-25-16; 8:45 am] BILLING CODE 6335-01-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security Materials Technical Advisory Committee: Notice of Open Meeting

    The Materials Technical Advisory Committee will meet on August 10, 2016, 10:00 a.m., via teleconference. The Committee advises the Office of the Assistant Secretary for Export Administration with respect to technical questions that affect the level of export controls applicable to materials and related technology.

    Agenda Open Session:

    1. Opening Remarks and Introduction.

    2. Remarks from BIS senior management.

    3. Report from working groups: Composite Working Group, Biological Working Group, Pump and Valves Working Group.

    4. Report on regime-based activities.

    5. Public Comments and New Business.

    The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at [email protected] no later than August 3, 2016.

    To the extent time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email.

    For more information, call Yvette Springer at (202) 482-2813.

    Dated: July 21, 2016. Yvette Springer, Committee Liaison Officer.
    [FR Doc. 2016-17695 Filed 7-25-16; 8:45 am] BILLING CODE 3510-JT-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security Materials Processing Equipment Technical Advisory Committee: Notice of Partially Closed Meeting

    The Materials Processing Equipment Technical Advisory Committee (MPETAC) will meet on August 9, 2016, 9:00 a.m., Room 3884, in the Herbert C. Hoover Building, 14th Street between Pennsylvania and Constitution Avenues NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration with respect to technical questions that affect the level of export controls applicable to materials processing equipment and related technology.

    Agenda Open Session

    1. Opening remarks and introductions.

    2. Presentation of papers and comments by the Public.

    3. Discussions on results from last, and proposals from last Wassenaar meeting.

    4. Report on proposed and recently issued changes to the Export Administration Regulations.

    5. Other business.

    Closed Session

    6. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3).

    The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at [email protected], no later than August 2, 2016.

    A limited number of seats will be available for the public session. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate the distribution of public presentation materials to the Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email.

    The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on April 11, 2016, pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 § 10(d)), that the portion of the meeting dealing with matters the premature disclosure of which would be likely to frustrate significantly implementation of a proposed agency action as described in 5 U.S.C. 552b(c)(9)(B) shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information, call Yvette Springer at (202) 482-2813.

    Dated: July 21, 2016. Yvette Springer, Committee Liaison Officer.
    [FR Doc. 2016-17694 Filed 7-25-16; 8:45 am] BILLING CODE 3510-JT-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-033] Large Residential Washers From the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value, Affirmative Preliminary Determination of Critical Circumstances, in Part, and Postponement of Final Determination AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) preliminarily determines that large residential washers (LRWs) from the People's Republic of China (PRC) are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 733 of the Tariff Act of 1930, as amended (the Act). The period of investigation (POI) is April 1, 2015, through September 30, 2015. The estimated margins of sales at LTFV are shown in the “Preliminary Determination” section of this notice. Interested parties are invited to comment on this preliminary determination.

    DATES:

    Effective July 26, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Brian Smith or David Goldberger, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1766 or (202) 482-4136, respectively.

    SUPPLEMENTARY INFORMATION:

    Background

    The Department published the notice of initiation of this investigation on January 12, 2016.1 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum that is dated concurrently with and hereby adopted by this notice.2 The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Department's Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical.

    1See Large Residential Washers From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 81 FR 1398 (January 12, 2016) (Initiation Notice).

    2See Memorandum entitled “Decision Memorandum for the Preliminary Determination of the Less-Than-Fair-Value Investigation of Large Residential Washers from the People's Republic of China” (Preliminary Decision Memorandum).

    As explained in the memorandum from the Acting Assistant Secretary for Enforcement and Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the closure of the Federal Government. All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the preliminary determination is July 19, 2016.3

    3See Memorandum to the Record from Ron Lorentzen, Acting A/S for Enforcement & Compliance, “Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas” (January 27, 2016).

    Scope of the Investigation

    The products covered by this investigation are LRWs. For a full description of the scope of this investigation, see the “Scope of the Investigation,” in Appendix I of this notice.

    Scope Comments

    In accordance with the Preamble to the Department's regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 Certain interested parties commented on the scope of the investigation, as it appeared in the Initiation Notice. After consideration of these comments, we preliminarily determined not to amend the scope as published in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record, and an accompanying discussion and analysis of all comments timely received, see the Department's Scope Memorandum issued concurrently with this notice.6

    4See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble).

    5See Initiation Notice, 80 FR at 73716.

    6See Memorandum entitled “Scope Issues for the Preliminary Determination of the Less-Than-Fair-Value (LTFV) Investigation of Large Residential Washers (LRWs) from the People's Republic of China,” dated concurrently with this notice (Scope Memorandum).

    Methodology

    The Department is conducting this investigation in accordance with section 731 of the Act. We calculated constructed export prices in accordance with section 772 of the Act. Because the PRC is a non-market economy, within the meaning of section 771(18) of the Act, we calculated normal value (NV) in accordance with section 773(c) of the Act. For a full discussion of the Department's methodology, see the Preliminary Decision Memorandum.

    Preliminary Affirmative Negative Determination of Critical Circumstances, in Part

    On May 6, 2016, Whirlpool Corporation (the petitioner) timely filed an allegation of critical circumstances, pursuant to section 733(e)(1) of the Act and 19 CFR 351.206(1), alleging that critical circumstances exist with respect to imports of the merchandise under consideration. We preliminarily determine that critical circumstances do not exist for Nanjing LG-Panda Appliances Co., Ltd., but do exist with respect to Suzhou Samsung Electronics Co., Ltd./Suzhou Samsung Electronics Co. Ltd—Export (collectively, Samsung) and the PRC-wide entity. For a full description of the methodology and results of our analysis, see the Preliminary Decision Memorandum.

    Preliminary Determination

    The Department preliminarily determines that the following weighted-average dumping margins exist during the period April 1, 2015, through September 30, 2015:

    Exporter Producer Weighted-
  • average
  • margin (%)
  • Nanjing LG-Panda Appliances Co., Ltd./LG Electronics, Inc Nanjing LG-Panda Appliances Co., Ltd 49.88 Suzhou Samsung Electronics Co., Ltd./Suzhou Samsung Electronics Co. Ltd—Export/Samsung Electronics Co., Ltd Suzhou Samsung Electronics Co., Ltd./Suzhou Samsung Electronics Co. Ltd—Export 111.09 PRC-Wide Entity 80.49
    PRC-Wide Rate

    In calculating rates for non-individually investigated respondents in the context of non-market economy cases, the Department looks to section 735(c)(5)(A)-(B) of the Act, which provides instructions for calculating the all-others rate in an investigation.7 Section 735(c)(5)(A) of the Act provides that the estimated all-others rate shall be equivalent to the weighted average of the estimated weighted-average dumping margins calculated for exporters and producers individually investigated, excluding any margins that are zero, de minimis, or based entirely on facts available. Section 735(c)(5)(B) of the Act provides that where all individually investigated exporters or producers receive rates that are zero, de minimis, or based entirely on facts available, then the Department may use “any reasonable method” to establish the all-others rate for those companies not individually investigated.

    7See Xanthan Gum from the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 78 FR 33351 (June 4, 2013), and accompanying Issues and Decision Memorandum at page 4-5.

    Apart from the mandatory respondents in this investigation, no other PRC exporters of the subject merchandise during the POI established entitlement to a separate rate.8 Thus, no non-individually examined separate rates are being assigned in this segment. Moreover, the PRC-wide entity is not being individually examined in this investigation. Furthermore, there currently exist no respondents that have failed to cooperate in this investigation, and there are no zero or de minimis margins. Therefore, we are preliminarily determining the PRC-wide rate based on a simple average of the calculated rates determined for the mandatory respondents,9 in accordance with section 735(c)(5)(A) of the Act.10

    8See Preliminary Decision Memorandum.

    9 With two respondents, we would normally calculate (A) a weighted-average of the dumping margins calculated for the mandatory respondents; (B) a simple average of the dumping margins calculated for the mandatory respondents; and (C) a weighted-average of the dumping margins calculated for the mandatory respondents using each company's publicly-ranged values for the merchandise under consideration. We would compare (B) and (C) to (A) and select the rate closest to (A) as the most appropriate rate for all other companies. See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). In this case, however, we do not have complete publicly-ranged quantities from either respondent on the record to properly conduct this comparison. Therefore, we are using a simple average of the dumping margins calculated for the mandatory respondents as the PRC-wide rate for this preliminary determination, and we intend to ask the respondents to provide a complete, publicly-ranged summary of their U.S. sales quantities for consideration in the final determination.

    10See Welded Stainless Pressure Pipe From the Socialist Republic of Vietnam: Final Determination of Sales at Less Than Fair Value, 79 FR 31092-93 (May 30, 2014); and Notice of Final Determination of Sales at Less Than Fair Value: Certain Small Diameter Carbon and Alloy Seamless Standard, Line and Pressure Pipe From Romania, 65 FR 39125, 39127 (June 23, 2000).

    .

    Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department will instruct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of LRWs from the PRC, as described in the “Scope of the Investigation” section, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register.

    Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of the investigation was published. We preliminarily find that critical circumstances exist for imports of LRWs from the PRC produced and/or exported by Samsung and the PRC-wide entity. Accordingly, for Samsung and the PRC-wide entity, in accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice.

    Pursuant to 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit 11 equal to the weighted-average amount by which NV exceeds U.S. price as follows: (1) The cash deposit rate for the exporter/producer combinations listed in the table above will be the rate identified in the table; (2) for all combinations of PRC exporters/producers of merchandise under consideration that have not received their own separate rate above, the cash-deposit rate will be the cash deposit rate established for the PRC-wide entity; and (3) for all non-PRC exporters of merchandise under consideration which have not received their own separate rate above, the cash-deposit rate will be the cash deposit rate applicable to the PRC exporter/producer combination that supplied that non-PRC exporter. These suspension of liquidation instructions will remain in effect until further notice.

    11See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011).

    Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the preliminary determination in accordance with 19 CFR 351.224(b). Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the final verification report is issued in this proceeding and rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.12 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.

    12See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements).

    Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.13 Hearing requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues parties intend to present at the hearing. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.

    13See 19 CFR 351.310(c).

    Postponement of Final Determination and Extension of Provisional Measures

    Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination by the Department, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination by the Department, a request for such postponement is made by the petitioner. 19 CFR 351.210(e)(2) requires that requests by respondents for postponement of a final antidumping determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration.

    On June 27 and 29, 2016, pursuant to 19 CFR 351.210(b)(2)(ii), LG and Samsung, respectively, requested that the Department postpone its final determination, and extend the application of the provisional measures prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-month period to a period not to exceed six months.

    In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii) and (e)(2), because (1) our preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, we are postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, we will make our final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act.14

    14See 19 CFR 351.210(e).

    International Trade Commission (ITC) Notification

    In accordance with section 733(f) of the Act, we will notify the ITC of our affirmative preliminary determination of sales at LTFV. Because the preliminary determination in this investigation is affirmative, section 735(b)(2) of the Act requires that the ITC make its final determination whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of LRWs from the PRC before the later of 120 days after the date of this preliminary determination or 45 days after our final determination. Because we are postponing the deadline for our final determination to 135 days from the date of publication of this preliminary determination, as discussed above, the ITC will make its final determination no later than 45 days after our final determination.

    This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: July 19, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Period of Investigation 4. Postponement of Final Determination and Extension of Provisional Measures 5. Scope Comments 6. Scope of the Investigation 7. Product Characteristics 8. Critical Circumstances 9. Discussion of the Methodology a. Non-Market Economy Country b. Surrogate Country c. Surrogate Value Comments d. Separate Rates e. Combination Rates f. The PRC-Wide Entity g. Date of Sale h. Fair Value Comparisons i. U.S. Price j. Normal Value k. Factor Valuation Methodology l. Currency Conversion 10. Verification 11. International Trade Commission Notification 12. Conclusion Appendix I: Scope of the Investigation

    The products covered by this investigation are all large residential washers and certain parts thereof from the People's Republic of China.

    For purposes of this investigation, the term “large residential washers” denotes all automatic clothes washing machines, regardless of the orientation of the rotational axis, with a cabinet width (measured from its widest point) of at least 24.5 inches (62.23 cm) and no more than 32.0 inches (81.28 cm), except as noted below.

    Also covered are certain parts used in large residential washers, namely: (1) All cabinets, or portions thereof, designed for use in large residential washers; (2) all assembled tubs 15 designed for use in large residential washers which incorporate, at a minimum: (a) A tub; and (b) a seal; (3) all assembled baskets 16 designed for use in large residential washers which incorporate, at a minimum: (a) A side wrapper; 17 (b) a base; and (c) a drive hub; 18 and (4) any combination of the foregoing parts or subassemblies.

    15 A “tub” is the part of the washer designed to hold water.

    16 A “basket” (sometimes referred to as a “drum”) is the part of the washer designed to hold clothing or other fabrics.

    17 A “side wrapper” is the cylindrical part of the basket that actually holds the clothing or other fabrics.

    18 A “drive hub” is the hub at the center of the base that bears the load from the motor.

    Excluded from the scope are stacked washer-dryers and commercial washers. The term “stacked washer-dryers” denotes distinct washing and drying machines that are built on a unitary frame and share a common console that controls both the washer and the dryer. The term “commercial washer” denotes an automatic clothes washing machine designed for the “pay per use” segment meeting either of the following two definitions:

    (1) (a) It contains payment system electronics; 19 (b) it is configured with an externally mounted steel frame at least six inches high that is designed to house a coin/token operated payment system (whether or not the actual coin/token operated payment system is installed at the time of importation); (c) it contains a push button user interface with a maximum of six manually selectable wash cycle settings, with no ability of the end user to otherwise modify water temperature, water level, or spin speed for a selected wash cycle setting; and (d) the console containing the user interface is made of steel and is assembled with security fasteners; 20 or

    19 “Payment system electronics” denotes a circuit board designed to receive signals from a payment acceptance device and to display payment amount, selected settings, and cycle status. Such electronics also capture cycles and payment history and provide for transmission to a reader.

    20 A “security fastener” is a screw with a non-standard head that requires a non-standard driver. Examples include those with a pin in the center of the head as a “center pin reject” feature to prevent standard Allen wrenches or Torx drivers from working.

    (2) (a) it contains payment system electronics; (b) the payment system electronics are enabled (whether or not the payment acceptance device has been installed at the time of importation) such that, in normal operation,21 the unit cannot begin a wash cycle without first receiving a signal from a bona fide payment acceptance device such as an electronic credit card reader; (c) it contains a push button user interface with a maximum of six manually selectable wash cycle settings, with no ability of the end user to otherwise modify water temperature, water level, or spin speed for a selected wash cycle setting; and (d) the console containing the user interface is made of steel and is assembled with security fasteners.

    21 “Normal operation” refers to the operating mode(s) available to end users (i.e., not a mode designed for testing or repair by a technician).

    Also excluded from the scope are automatic clothes washing machines that meet all of the following conditions: (1) Have a vertical rotational axis; (2) are top loading; 22 (3) have a drive train consisting, inter alia, of (a) a permanent split capacitor (PSC) motor,23 (b) a belt drive,24 and (c) a flat wrap spring clutch.25

    22 “Top loading” means that access to the basket is from the top of the washer.

    23 A “PSC motor” is an asynchronous, alternating current (AC), single phase induction motor that employs split phase capacitor technology.

    24 A “belt drive” refers to a drive system that includes a belt and pulleys.

    25 A “flat wrap spring clutch” is a flat metal spring that, when engaged, links abutted cylindrical pieces on the input shaft with the end of the concentric output shaft that connects to the drive hub.

    Also excluded from the scope are automatic clothes washing machines that meet all of the following conditions: (1) Have a horizontal rotational axis; (2) are front loading; 26 and (3) have a drive train consisting, inter alia, of (a) a controlled induction motor (CIM),27 and (b) a belt drive.

    26 “Front loading” means that access to the basket is from the front of the washer.

    27 A “controlled induction motor” is an asynchronous, alternating current (AC), polyphase induction motor.

    Also excluded from the scope are automatic clothes washing machines that meet all of the following conditions: (1) Have a horizontal rotational axis; (2) are front loading; and (3) have cabinet width (measured from its widest point) of more than 28.5 inches (72.39 cm).

    The products subject to this investigation are currently classifiable under subheadings 8450.20.0040 and 8450.20.0080 of the Harmonized Tariff Schedule of the United States (HTSUS). Products subject to this investigation may also enter under HTSUS subheadings 8450.11.0040, 8450.11.0080, 8450.90.2000, and 8450.90.6000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this investigation is dispositive.

    [FR Doc. 2016-17680 Filed 7-25-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE758 Pacific Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of a public meeting.

    SUMMARY:

    The Pacific Fishery Management Council's (Pacific Council) Ad hoc Sacramento River Winter Chinook Workgroup (SRWCW) will hold a meeting, which is open to the public, to discuss progress on development of potential harvest control rule options.

    DATES:

    The meeting will begin at 1 p.m. on Tuesday, August 16, 2016, and end at 5 p.m. on Wednesday, August 17, 2016, or until business for the day is completed.

    ADDRESSES:

    The meeting will be held at the National Marine Fisheries Service, Southwest Fisheries Science Center, Large Conference Room, 110 Shaffer Road, Santa Cruz, CA 95060.

    Council address: Pacific Council, 7700 NE Ambassador Place, Suite 101, Portland, Oregon 97220-1384.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Mike Burner, Pacific Council, 503-820-2414.

    SUPPLEMENTARY INFORMATION:

    Agenda

    The SRWCW will discuss progress on the development of new predictors of Sacramento River winter Chinook abundance, the development of alternative harvest control rules, and methods for evaluating the performance of alternative control rules. The SRWCW will also prepare a report for the Council's September 2016 meeting and discuss future meeting plans.

    Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during these meetings. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.

    Special Accommodations

    The meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt, at 503-820-2280, extension 425, at least five days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: July 20, 2016. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-17536 Filed 7-25-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE760 Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Data Scoping Webinar for South Atlantic Red Grouper AGENCY:

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

    ACTION:

    Notice of SEDAR 53 Data Scoping Webinar.

    SUMMARY:

    The SEDAR 53 assessment of the South Atlantic stock of red grouper will consist of a series Webinars.

    DATES:

    The SEDAR 53 Data Scoping Webinar will be held on Wednesday, August 17, 2016, from 9 a.m. to 11 a.m., to view the agenda, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The Webinar is open to members of the public. Those interested in participating should contact Julia Byrd at SEDAR (see Contact Information below) to request an invitation providing Webinar access information. Please request Webinar invitations at least 24 hours in advance of each Webinar.

    SEDAR address: South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N. Charleston, SC 29405 or on their Web site, at www.sedarweb.org.

    FOR FURTHER INFORMATION CONTACT:

    Julia Byrd, SEDAR Coordinator, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; phone (843) 571-4366 or email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Agenda

    The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions, have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks in the Southeast Region. The product of the SEDAR Webinar series will be a report which compiles and evaluates potential datasets and recommends which datasets are appropriate for assessment analyses, and describes the fisheries, evaluates the status of the stock, estimates biological benchmarks, projects future population conditions, and recommends research and monitoring needs. Participants for SEDAR Workshops are appointed by the Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils and NOAA Fisheries Southeast Regional Office, Highly Migratory Species Management Division, and Southeast Fisheries Science Center. Participants include: Data collectors and database managers; stock assessment scientists, biologists, and researchers; constituency representatives including fishermen, environmentalists, and non-governmental organizations (NGOs); international experts; and staff of Councils, Commissions, and state and federal agencies.

    The items of discussion in the Data Scoping webinar are as follows:

    1. Participants will identify who will be providing updated and/or new datasets.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.

    Special Accommodations

    This meeting is accessible to people with disabilities. Requests for auxiliary aids should be directed to the SAFMC office (see ADDRESSES) at least ten business days prior to the meeting.

    Note:

    The times and sequence specified in this agenda are subject to change.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: July 21, 2016. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-17647 Filed 7-25-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE671 Taking of Marine Mammals Incidental to Specified Activities; Construction of the East Span of the San Francisco-Oakland Bay Bridge 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 California Department of Transportation (CALTRANS) for an incidental take authorization to take small numbers of seven species of marine mammals, by harassment, incidental to construction activities associated with the East Span of the San Francisco-Oakland Bay Bridge (SFOBB) in the San Francisco Bay (SFB), California. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to CALTRANS 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 August 25, 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 March 11, 2016, CALTRANS submitted a request to NMFS for the potential harassment of a small number of marine mammals incidental to the dismantling of the East Span of the original SFOBB in SFB, California, between July 16, 2016, and July 15, 2017. On May 16, 2016, CALTRANS submitted a revision of its IHA application based on NMFS comments. NMFS determined that the IHA application was complete on May 19, 2016. NMFS is proposing to authorize the Level B harassment of Pacific harbor seal, California sea lion, northern elephant seal, northern fur seal, harbor porpoise, gray whale and bottlenose dolphin.

    Description of the Specified Activity Overview

    CALTRANS proposes removal of the East Span of the original SFOBB by mechanical dismantling and by use of controlled charges to implode the pier into its open cellular chambers below mudline. Activities associated with dismantling the original East Span potentially may result in incidental take of marine mammals. These activities include vibratory pile driving, vibratory pile extraction/removal, impact pile driving, and the use of highly controlled charges to dismantle the Pier E4 and Pier E5 marine foundations.

    A one-year IHA was previously issued to CALTRANS for pile driving/removal and mechanical dismantling activities on July 17, 2015 (80 FR 43710; July 23, 2015), based on activities described on CALTRANS' IHA application dated April 13, 2013. This IHA is valid until July 16, 2016. On September 9, 2015, NMFS issued another IHA to CALTRANS for demolition of Pier E3 of the original SFOBB by highly controlled explosives (80 FR 57584; September 24, 2015). This IHA expired on December 30, 2015. Since the construction activities related with the original SFOBB dismantling will last for another two years, CALTRANS is requesting an IHA that covers take of marine mammals from both pile driving/removal and confined explosion.

    Construction activities for the replacement of the SFOBB east span commenced in 2002 and are expected to be completed in 2016 with the completion of the bike/pedestrian path and eastbound on ramp from Yerba Buena Island. The new east span is now open to traffic. On November 10, 2003, NMFS issued the first project-related IHA to CALTRANS, authorizing the take of small numbers of marine mammals incidental to the construction of the SFOBB Project. Over the years, CALTRANS has been issued a total of nine IHAs for the SFOBB Project to date, excluding the application currently under review.

    Dates and Duration

    The demolition of Piers E4 and E5 through controlled implosion are planned to occur in October, November, or December 2016, and pile driving and pile removal activities may occur at any time of the year. CALTRANS is requesting issuance of an IHA for a period of 1 year. To avoid a gap in IHA coverage, CALTRANS is requesting issuance of a new IHA no later than July 17, 2016. However, NMFS does not consider it feasible to issue an IHA by July 2016, and has notified CALTRANS that an IHA, if issued, would cover the period from August 2016 through August 2017.

    Specified Geographic Region

    The SFOBB project area is located in the central San Francisco Bay (SFB or Bay), between Yerba Buena Island (YBI) and the city of Oakland. The western limit of the project area is the east portal of the YBI tunnel, located in the city of San Francisco. The eastern limit of the project area is located approximately 1,312 ft (400 m) west of the Bay Bridge toll plaza, where the new and former spans connect with land at the Oakland Touchdown in the city of Oakland.

    Detailed Description of CALTRANS East Span Removal Project 1. Vibratory and Impact Driving of Temporary Piles

    CALTRANS anticipates temporary access trestles, in-water falsework, and cofferdams may be required to dismantle the existing bridge. Temporary access trestles, supported by temporary marine piles, and cofferdams may be needed to provide construction access. Temporary falsework supports will be necessary to provide stability for the portions of the structure not yet removed. Marine pile-supported falsework is anticipated to be necessary to facilitate removal of the superstructure. These temporary structures will be contractor-designed; therefore, their exact nature (e.g., size, type, number of piles), location, and timing of installation are not known at this point. As discussed in detail in the April 13, 2013 IHA application (79 FR 2421; January 14, 2014), a maximum of 2,540 temporary piles may be installed to support all temporary structures required for bridge dismantling.

    CALTRANS estimates that a maximum of 200 temporary piles may be installed during the 1-year period of IHA coverage. Types of temporary piles to be installed may include sheet piles, 14-in (0.34-m) H-piles, and steel pipe piles, equal to or less than 36-in (0.91-m) in diameter. A maximum of 132 days of pile driving may be required to install and/or remove piles during the 1-year period of IHA coverage.

    All H-piles would be installed with an impact hammer, without the use of a marine pile driving energy attenuator. Impact driving (with the exception of pile proofing) will be restricted to June 1 through November 30, to avoid the peak migration period for salmonids and spawning adult green sturgeon. Vibratory driving and proofing of piles may be performed year-round.

    All pipe piles will be installed with a vibratory hammer. The vibratory hammer will be used to drive the majority of the total pile lengths. The remaining piles may be impact-driven with the use of a marine pile-driving energy attenuator (i.e., air bubble curtain system), or other equally effective sound attenuation method (e.g., dewatered cofferdam). A maximum of 20 piles may be impact-driven per day.

    In the event a pipe pile is installed entirely with a vibratory hammer, it still will be subject to final “proofing” with an impact hammer. “Proofing” will be accomplished by using a limited number of blows with an impact hammer, intended to test integrity and seating of the pile. A maximum of 10% of the piles installed completely with a vibratory hammer may be proofed with an impact hammer, without the use of a marine pile-driving energy attenuator. Proofing of piles will be limited to a maximum of two piles per day, for less than 1 minute per pile, administering a maximum of 20 blows per pile.

    In addition to the temporary pipe piles and H-piles described above, sheet piles may be driven with a vibratory hammer to construct temporary cofferdams or other types of barriers. A cofferdam is a temporary enclosure, built within a body of water, usually composed of sheet piles welded together. The enclosures generally are watertight, allowing them to be fully or partially dewatered for construction access in the marine environment. Partially or un-dewatered cofferdams also may be used to isolate work areas; preventing water temporarily affected by construction activities from mixing with the surrounding waters of the Bay.

    When no longer needed, all temporary piles will be retrieved or cut off 1.5 ft (0.46 m) below the mudline, in compliance with United States Coast Guard requirements. A vibratory pile extractor will be used to retrieve piles.

    2. Removal of Piers E4 and E5

    CALTRANS proposes the removal of Piers E4 and E5 of the original East Span by use of controlled charges to implode each pier into its open cellular chambers below the mudline. A Blast Attenuation System (BAS) will be used to minimize potential impacts on biological resources in the Bay. Both NMFS and CALTRANS believe that the results from the Pier E3 Demonstration Project support the use of controlled charges as a more expedient method of removal that will cause less environmental impact as compared to approved mechanical methods using a dry (fully dewatered) cofferdam. Piers E4 and E5 of the original East Span are located between the OTD area and YBI, and just south of the SFOBB new East Span. These piers are concrete cellular structures that occupy areas deep below the mudline, within the water column, and above the water line of the Bay.

    The use of controlled charges would greatly reduce in-water work periods and shorten the overall duration of marine foundation removal compared with mechanical removal. Because of the similar structures for both Piers E4 and E5, each would be removed following the same five steps:

    • Dismantling the fender system and removing the pier cap and concrete pedestals;

    • Drilling bore holes into the marine foundation;

    • Installing and testing the BAS;

    • Installing charges, activating the BAS, and imploding the pier; and

    • Managing and removing remaining dismantling debris.

    Details of these steps are provided below.

    2.1 Dismantling of Pier E4 and Pier E5 Fender Systems and Concrete Caps

    Dismantling of the Piers E4 and E5 fender systems and pier caps is expected to start in June 2016. The fender systems include timber, metal framing, and concrete aprons, which will be removed and disposed offsite. The steel piles that support the fender system will be removed and recycled off-site. The support piles either will be vibrated out and removed whole or will be cut off a minimum of 1.5 ft (0.46 m) below the mudline and removed off-site.

    Support barges will be used to move hydraulic excavators equipped with hoe rams, shearing attachments, drills, and other equipment, including cutting lances and torches that will be used during the mechanical dismantling. A barge-mounted crane will be used to move equipment onto and off each pier.

    The concrete pedestals and pier cap will be removed by mechanical means, using tools including those listed above to break the concrete structure into pieces. Support platforms will be installed to provide a working surface for the excavators to dismantle the upper portion of the piers. All concrete rubble from the mechanical dismantling will be placed into exposed cells of the caisson and will fall below the mudline for disposal.

    2.2 Pier E5 Lower-Chamber Pre-Cast Slab Removal

    The lower caisson cells of Pier E5 on the east and west face of the lower segment of the pier are covered with pre-cast concrete slabs. To assure that the lower caisson chambers will be open to receive rubble during the controlled implosion of Pier E5, these slabs will be removed mechanically by breaking them with a modified steel pile that will be attached to and controlled by a barge-mounted crane. The controlled drop will bring the pile down on each slab. The weight of the modified pile will cause each concrete slab to shatter and fall into the caisson cells, to be entombed below the mudline.

    2.3 Drill Boreholes

    After the mechanical dismantling operations are complete, access platforms will be installed on top of each pier to support the drilling equipment. The exposed interior cell walls, buttress walls, and outside walls will be drilled from the top down, to remove concrete and create boreholes to just below the controlled blasting removal limit for each pier. Boreholes that are drilled in areas that are inundated with water (i.e., to the buttress walls and concrete slabs) will be done using a drill bit working within a tubular casing for guidance and to provide containment during in-water work. Monitoring will be performed to minimize and avoid impacts on water quality during this activity.

    For Pier E5, an overhanging template system will be installed to guide the drill below the waterline. For Pier E5, divers will be required to cut notches into the buttress walls to guide the drilling of underwater boreholes. Pier E4 does not have buttress walls; therefore, it will not require in-water notching, and all borehole drilling will occur out of the water.

    2.4 Blast Attenuation System Installation and Deployment

    The BAS that will be used at Piers E4 and E5 is the same system that was successfully used for the Pier E3 Demonstration Project. The BAS is a modular system of pipe manifold frames, placed around each pier and fed by air compressors to create a curtain of air. The BAS will be activated before and during implosion. As shown during the Demonstration Project last year (CALTRANS 2016), the BAS will help minimize noise and pressure waves generated during each controlled blast, to minimize potentially adverse effects on biological resources that may be nearby. Each BAS frame is approximately 50.5 ft (15.4 m) long by 6 ft (1.8 m) wide. The BAS to be used at Piers E4 and E5 will be same system that was used at Pier E3 and will meet the same specifications.

    The complete BAS will be installed and tested during the weeks leading up to each controlled blast. Before installing the BAS, CALTRANS will move any existing debris on the Bay floor that may interrupt proper installation of the BAS. Existing debris identified as a risk to proper installation of the BAS will be moved outside the path of the BAS layout. Each BAS frame will be lowered to the bottom of the Bay by a barge-mounted crane and positioned into place. Divers will be used to assist frame placement, and to connect air hoses to the frames. Frames will be situated to contiguously surround the pier. Each frame will be weighted to negative buoyancy for activation. Compressors will provide enough pressure to achieve a minimal air volume fraction of 3 to 4 percent, consistent with the successful use of BAS systems in past controlled blasting activities, including Pier E3 (CALTRANS 2016). System performance is anticipated to provide approximately 80% sound and pressure attenuation, based on the results from the Demonstration Project (CALTRANS 2016).

    2.5 Test Blasts

    Before each pier implosion, test blasts may be conducted within the completely installed and operating BAS so that the hydroacoustic monitoring equipment will be properly triggered and functional before each pier implosion event. A key requirement of the implosion involves accurately capturing hydroacoustic information from the controlled blast. To accomplish this, a smaller test charge will be used to trigger recording instrumentation. Multiple test blast events may be required to verify proper instrument operation and calibrate the equipment for the implosion event. These same instruments and others of the same type will use high-speed recording devices to capture hydroacoustic data at both near-field and far-field monitoring locations during the implosion.

    The BAS will be in operation during all tests. Tests will use a charge weight of approximately 18 grains (0.0025 pound) or less. The test charge will be placed along one of the longer faces of the pier and inside the BAS while it is operating. Results from test blasts that occurred during the Pier E3 Demonstration Project indicate that these test blasts will have minimal impacts on fish and marine mammals (CALTRANS 2016).

    2.6 Acoustic Deterrent Devices

    Prior to controlled implosion of Pier E4 and E5 CALTRANS will deploy acoustic deterrent devices (ADD) to deter marine mammals from entering exclusion zones. Up to 20 ADDs will be attached to the buoys delineating the pinniped exclusion zone, and to monitoring boats or other bridge piers near Piers E4 or E5.

    ADDs are commonly used in commercial fishing and at fish farms to scare marine mammals away from nets or structures (Gordon et al., 2007; Brandt et al. 2013; Gotz and Janik 2013; Schakner and Blumstein 2013) and were used for the first time during the Pier E3 implosion to deter marine mammals from entering the exclusion zones. The pulse of ADDs used during the Pier E3 implosion had a frequency of 10 kHz, a source sound level of 132 dB re 1 μPa, with regular or random interpulse intervals of 4 seconds (Airmar Porpoise ADD, Milford, NH). Insufficient data exists to determine the effectiveness of the ADDs during the Pier E3 implosion. NMFS does not consider the ADDs would have take of marine mammals due to their low source level.

    2.7 Controlled Implosion of Piers E4 and E5

    Before pier removal via controlled blasting, the bore holes in the pier will be loaded with controlled charges. Individual cartridge charges, using electronic blasting caps versus pumpable liquid blasting agents, have been selected to provide greater control and accuracy in determining the individual and total charge weights. Use of individual cartridges will allow a refined blast plan that efficiently breaks concrete while minimizing the amount of charges needed.

    Boreholes will vary in diameter and depth, and have been designed to provide optimal efficiency in transferring the energy created by the controlled charges to dismantle the pier. Individual charge weights will vary from 20 to 35 lbs (9 to 16 kg), and the total charge weight for each controlled blast event will be approximately 11,000 to 12,000 lbs (5,000 to 5,500 kg). Charges are arranged in different levels (decks) and will be separated in the boreholes by stemming. Stemming is the insertion of inert materials (e.g., sand or gravel) to insulate and retain charges in an enclosed space. Stemming will allow more efficient transfer of energy into the structural concrete for fracture, and further reduce the release of potential energy into the surrounding water column. The blast events for Piers E4 and E5 will each consist of approximately 400 individual delays of varying charge weight. The entire detonation sequence, consisting of approximately 400 detonations, will last approximately 3 to 4 seconds for each pier; with a minimum delay time of 9 milliseconds (msec) between detonations.

    2.8 Debris Removal and Site Restoration

    Following the controlled implosion event and confirmation that the area is safe to work in, construction crews will begin to remove all associated equipment, including barges, compressors, the BAS, and blast mats. CALTRANS expects that a small portion of rubble from each pier will fall outside its respective footprint and/or mound within the footprint of each pier, and will need to be managed after each controlled implosion. Concrete rubble resulting from the controlled implosions of Piers E4 and E5 that does not fall into the hollow caisson cells will be placed in the remaining caisson cells to be entombed below the mudline. The portions of each pier that do not break apart during controlled blasting and remain above the removal limits will be demolished by mechanical means. This may require the use of underwater mechanical equipment, including hydraulic crushing or grinding machinery or diver-operated jackhammers.

    Rubble from the controlled implosion that does not fall into the hollow caisson cells will be picked up and disposed inside the remaining caisson cells, to be entombed below the mudline. Management of extraneous rubble will be done by a barge-mounted crane with a clam-shell bucket. Buckets used during this debris management phase will be equipped with a Global Positioning System unit, to accurately guide the location of the bucket in the water. The in-water site management operation is expected to take a few weeks following each implosion event and is anticipated to be completed by the end of December 2016.

    Description of Marine Mammals in the Area of the Specified Activity

    Seven species of marine mammals regularly inhabit or rarely or seasonally enter the San Francisco Bay (Table 1). The two most common species observed are the Pacific harbor seal (Phoca vitulina richardii) and the California sea lion (Zalophus californianus). Juvenile northern elephant seals (Mirounga angustirostris) seasonally enter the Bay (spring and fall), while harbor porpoises (Phocoena phocoena) may enter the western side of the Bay throughout the year, but rarely occur near the SFOBB east span. Gray whales (Eschrichtius robustus) may enter the Bay during their northward migration in the late winter and spring. In addition, though rare, northern fur seals (Callorhinus ursinus) and bottlenose dolphins (Tursiops truncatus) have also been sighted in the Bay. None of these species are listed as endangered or threatened under the Endangered Species Act (ESA), or as depleted or a strategic stock under the MMPA.

    Table 1—Marine Mammal Species Potentially Present in Region of Activity Common name Scientific name Status Occurrence Seasonality Range Abundance Harbor seal Phoca vitulina richardii Common Year round California 30,968 California sea lion Zalophus californianus Common Year round California 296,750 Northern fur seal Callorhinus ursinus Rare Year round California 12,844 Northern elephant seal Mirounga angustirostris Occasional Spring & fall California 179,000 Gray whale Eschrichtius robustus (*) Rare Spring & fall Mexico to the U.S. Arctic Ocean 20,990 Harbor porpoise Phocoena phocoena Rare Year round California 9,886 Coastal Bottlenose dolphin Tursiops truncatus Rare Year round California 323 * The E. North Pacific population is not listed under the ESA.

    More detailed information on the marine mammal species found in the vicinity of the SFOBB construction site can be found in CALTRANS IHA application, and in NMFS stock assessment report (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 these documents for additional information on these species.

    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) have been observed to impact marine mammals. This discussion may also include reactions that we consider to rise to the level of a take and those that we do not consider to rise to the level of a take (for example, with acoustics, we may include a discussion of studies that showed animals not reacting at all to sound or exhibiting barely measurable avoidance). This section is intended as a background of potential effects and does not consider either the specific manner in which this activity will be carried out or the mitigation that will be implemented, and how either of those will shape the anticipated impacts from this specific activity. 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 “Analysis and Preliminary Determinations” 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, seven 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, seven 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;

    • Phocid pinnipeds in Water: Functional hearing is estimated to occur between approximately 75 Hz and 100 kHz; and

    • Otariid pinnipeds in Water: Functional hearing is estimated to occur between approximately 100 Hz and 48 kHz.

    As mentioned previously in this document, 7 marine mammal species (three cetacean and four pinniped species) are likely to occur in the vicinity of the proposed SFOBB pile driving/removal and controlled pier detonation area. Of the 2 cetacean species, one belongs to low-frequency cetacean (gray whale), one mid-frequency cetacean (bottlenose dolphin), and one high-frequency cetacean (harbor porpoise). 2 species of pinniped are phocid (Pacific harbor seal and northern elephant seal), and 2 species of pinniped is otariid (California sea lion and northern fur seal). A species' functional hearing group is a consideration when we analyze the effects of exposure to sound on marine mammals.

    Potential Effects From In-Water Pile Driving and Pile Removal

    The proposed CALTRANS SFOBB construction work using in-water pile driving and pile removal could adversely affect marine mammal species and stocks by exposing them to elevated noise levels in the vicinity of the activity area.

    Exposure to high intensity sound for a sufficient duration may result in auditory effects such as a noise-induced threshold shift—an increase in the auditory threshold after exposure to noise (Finneran et al., 2005). Factors that influence the amount of threshold shift include the amplitude, duration, frequency content, temporal pattern, and energy distribution of noise exposure. The magnitude of hearing threshold shift normally decreases over time following cessation of the noise exposure. The amount of threshold shift just after exposure is the initial threshold shift. If the threshold shift eventually returns to zero (i.e., the threshold returns to the pre-exposure value), it is a temporary threshold shift (Southall et al., 2007).

    Threshold Shift (noise-induced loss of hearing)—When animals exhibit reduced hearing sensitivity (i.e., sounds must be louder for an animal to detect them) following exposure to an intense sound or sound for long duration, it is referred to as a noise-induced threshold shift (TS). An animal can experience temporary threshold shift (TTS) or permanent threshold shift (PTS). TTS can last from minutes or hours to days (i.e., there is complete recovery), can occur in specific frequency ranges (i.e., an animal might only have a temporary loss of hearing sensitivity between the frequencies of 1 and 10 kHz), and can be of varying amounts (for example, an animal's hearing sensitivity might be reduced initially by only 6 dB or reduced by 30 dB). PTS is permanent, but some recovery is possible. PTS can also occur in a specific frequency range and amount as mentioned above for TTS.

    For marine mammals, published data are limited to the captive bottlenose dolphin, beluga, harbor porpoise, and Yangtze finless porpoise (Finneran et al., 2000, 2002, 2003, 2005, 2007, 2010a, 2010b; Finneran and Schlundt, 2010; Lucke et al., 2009; Mooney et al., 2009a, 2009b; Popov et al., 2011a, 2011b; Kastelein et al., 2012a; Schlundt et al., 2000; Nachtigall et al., 2003, 2004). For pinnipeds in water, data are limited to measurements of TTS in harbor seals, an elephant seal, and California sea lions (Kastak et al., 1999, 2005; Kastelein et al., 2012b).

    Lucke et al. (2009) found a threshold shift (TS) of a harbor porpoise after exposing it to airgun noise with a received sound pressure level (SPL) at 200.2 dB (peak-to-peak) re: 1 μPa, which corresponds to a sound exposure level of 164.5 dB re: 1 μPa2 s after integrating exposure. NMFS currently uses the root-mean-square (rms) of received SPL at 180 dB and 190 dB re: 1 μPa as the threshold above which permanent threshold shift (PTS) could occur for cetaceans and pinnipeds, respectively. Because the airgun noise is a broadband impulse, one cannot directly determine the equivalent of rms SPL from the reported peak-to-peak SPLs. However, applying a conservative conversion factor of 16 dB for broadband signals from seismic surveys (McCauley, et al., 2000) to correct for the difference between peak-to-peak levels reported in Lucke et al. (2009) and rms SPLs, the rms SPL for TTS would be approximately 184 dB re: 1 μPa, and the received levels associated with PTS (Level A harassment) would be higher. This is still above NMFS' current 180 dB rms re: 1 μPa threshold for injury. However, NMFS recognizes that TTS of harbor porpoises is lower than other cetacean species empirically tested (Finneran & Schlundt, 2010; Finneran et al., 2002; Kastelein and Jennings, 2012).

    Marine mammal hearing plays a critical role in communication with conspecifics, and interpretation of environmental cues for purposes such as predator avoidance and prey capture. Depending on the degree (elevation of threshold in dB), duration (i.e., recovery time), and frequency range of TTS, and the context in which it is experienced, TTS can have effects on marine mammals ranging from discountable to serious (similar to those discussed in auditory masking, below). For example, a marine mammal may be able to readily compensate for a brief, relatively small amount of TTS in a non-critical frequency range that occurs during a time where ambient noise is lower and there are not as many competing sounds present. Alternatively, a larger amount and longer duration of TTS sustained during time when communication is critical for successful mother/calf interactions could have more serious impacts. Also, depending on the degree and frequency range, the effects of PTS on an animal could range in severity, although it is considered generally more serious because it is a permanent condition. Of note, reduced hearing sensitivity as a simple function of aging has been observed in marine mammals, as well as humans and other taxa (Southall et al., 2007), so one can infer that strategies exist for coping with this condition to some degree, though likely not without cost.

    In addition, 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). Acoustic masking is when other noises such as from human sources interfere with animal detection of acoustic signals such as communication calls, echolocation sounds, and environmental sounds important to marine mammals. Therefore, under certain circumstances, marine mammals whose acoustical sensors or environment are being severely masked could also be impaired from maximizing their performance fitness in survival and reproduction.

    Masking occurs at the frequency band which the animals utilize. Therefore, since noise generated from vessels dynamic positioning activity is mostly concentrated at low frequency ranges, it may have less effect on high frequency echolocation sounds by odontocetes (toothed whales). However, lower frequency man-made noises are more likely to affect detection of communication calls and other potentially important natural sounds such as surf and prey noise. It may also affect communication signals when they 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, which can occur over large temporal and spatial scales, can potentially affect the species at population, community, 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 have increased by as much as 20 dB (more than 3 times in terms of sound pressure level) in the world's ocean from pre-industrial periods, and most of these increases are from distant shipping (Hildebrand 2009). For CALTRANS proposed SFOBB construction activities, noises from vibratory pile driving contribute to the elevated ambient noise levels in the project area, thus increasing potential for or severity of masking. Baseline ambient noise levels in the Bay are very high due to ongoing shipping, construction and other activities in the Bay.

    Finally, 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 also difficult to predict (Southall et al., 2007). Currently NMFS uses a received level of 160 dB re 1 μPa (rms) to predict the onset of behavioral harassment from impulse noises (such as impact pile driving), and 120 dB re 1 μPa (rms) for continuous noises (such as vibratory pile driving). For the CALTRANS SFOBB construction activities, both of these noise levels are considered for effects analysis because CALTRANS plans to use both impact and vibratory pile driving, as well as vibratory pile removal.

    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 biologically significant if the change affects growth, survival, and/or reproduction, which depends on the severity, duration, and context of the effects.

    Potential Effects From Controlled Pier Implosion

    It is expected that an intense impulse from the proposed Piers E4 and E5 controlled implosion would have the potential to impact marine mammals in the vicinity. The majority of impacts would be startle behavioral and temporary behavioral modification from marine mammals. However, a few individuals of animals could be exposed to sound levels that would cause temporal hearing threshold shift (TTS).

    The underwater explosion would send a shock wave and blast noise through the water, release gaseous by-products, create an oscillating bubble, and cause a plume of water to shoot up from the water surface. The shock wave and blast noise are of most concern to marine animals. The effects of an underwater explosion on a marine mammal depends on many factors, including the size, type, and depth of both the animal and the explosive charge; the depth of the water column; and the standoff distance between the charge and the animal, as well as the sound propagation properties of the environment. Potential impacts can range from brief effects (such as behavioral disturbance), tactile perception, physical discomfort, slight injury of the internal organs and the auditory system, to death of the animal (Yelverton et al., 1973; DoN, 2001). Non-lethal injury includes slight injury to internal organs and the auditory system; however, delayed lethality can be a result of individual or cumulative sublethal injuries (DoN, 2001). Immediate lethal injury would be a result of massive combined trauma to internal organs as a direct result of proximity to the point of detonation (DoN, 2001). Generally, the higher the level of impulse and pressure level exposure, the more severe the impact to an individual.

    Injuries resulting from a shock wave take place at boundaries between tissues of different density. Different velocities are imparted to tissues of different densities, and this can lead to their physical disruption. Blast effects are greatest at the gas-liquid interface (Landsberg 2000). Gas-containing organs, particularly the lungs and gastrointestinal tract, are especially susceptible (Goertner 1982; Hill 1978; Yelverton et al., 1973). In addition, gas-containing organs including the nasal sacs, larynx, pharynx, trachea, and lungs may be damaged by compression/expansion caused by the oscillations of the blast gas bubble. Intestinal walls can bruise or rupture, with subsequent hemorrhage and escape of gut contents into the body cavity. Less severe gastrointestinal tract injuries include contusions, petechiae (small red or purple spots caused by bleeding in the skin), and slight hemorrhaging (Yelverton et al., 1973).

    Because the ears are the most sensitive to pressure, they are the organs most sensitive to injury (Ketten 2000). Sound-related damage associated with blast noise can be theoretically distinct from injury from the shock wave, particularly farther from the explosion. If an animal is able to hear a noise, at some level it can damage its hearing by causing decreased sensitivity (Ketten 1995). Sound-related trauma can be lethal or sublethal. Lethal impacts are those that result in immediate death or serious debilitation in or near an intense source and are not, technically, pure acoustic trauma (Ketten 1995). Sublethal impacts include hearing loss, which is caused by exposures to perceptible sounds. Severe damage (from the shock wave) to the ears includes tympanic membrane rupture, fracture of the ossicles, damage to the cochlea, hemorrhage, and cerebrospinal fluid leakage into the middle ear. Moderate injury implies partial hearing loss due to tympanic membrane rupture and blood in the middle ear. Permanent hearing loss also can occur when the hair cells are damaged by one very loud event, as well as by prolonged exposure to a loud noise or chronic exposure to noise. The level of impact from blasts depends on both an animal's location and, at outer zones, on its sensitivity to the residual noise (Ketten, 1995).

    However, the above discussion concerning underwater explosion only pertains to open water detonation in a free field. CALTRANS' Pier E4 and E5 demolition project using controlled implosion uses a confined detonation method, meaning that the charges would be placed within the structure. Therefore, most energy from the explosive shock wave would be absorbed through the destruction of the structure itself, and would not propagate through the open water. Measurements and modeling from confined underwater detonation for structure removal showed that energy from shock waves and noise impulses were greatly reduced in the water column (Hempen et al., 2007; CALTRANS 2016). Therefore, with monitoring and mitigation measures discussed above, CALTRANS Pier E4 and E5 controlled implosions are not likely to have the injury or mortality effects on marine mammals in the project vicinity. Instead, NMFS considers that CALTRANS' proposed Pier E4 and E5 controlled implosions in the San Francisco Bay are most like to cause Level B behavioral harassment and maybe TTS in a few individuals of marine mammals, as discussed below.

    Changes in marine mammal behavior are expected to result from an acute stress response. This expectation is based on the idea that some sort of physiological trigger must exist to change any behavior that is already being performed. The exception to this rule is the case of auditory masking, which is not likely since the CALTRANS' controlled implosion is only two short, sequential detonations that last for approximately 3-4 seconds.

    Potential Effects on Marine Mammal Habitat

    The removal of the SFOBB East Span is not likely to negatively affect the habitat of marine mammal populations because no permanent loss of habitat will occur, and only a minor, temporary modification of habitat will occur. The original SFOBB area is not used as a haul-out site by pinnipeds or as a major foraging area. Therefore, demolition of the concrete marine foundations and pile installation and removal activities are unlikely to permanently decrease fish populations in the area and are unlikely to affect marine mammal populations.

    Project activities will not affect any pinniped haul-out sites or pupping sites. The YBI harbor seal haul-out site is on the opposite site of the island from the SFOBB Project area. Because of the distance and the island blocking the sound, underwater noise and pressure levels from the SFOBB Project will not reach the haul-out. Other haul-out sites for sea lions and harbor seals are at a sufficient distance from the SFOBB Project area that they will not be affected. The closest recognized harbor seal pupping site is at Castro Rocks, approximately 8.7 mi (14 km) from the SFOBB Project area. No sea lion rookeries are found in the Bay.

    The addition of underwater sound from SFOBB Project activities to background noise levels can constitute a potential cumulative impact on marine mammals. However, these potential cumulative noise impacts will be short in duration.

    SPLs from impact pile driving and pier implosion have the potential to injure or kill fish in the immediate area. During previous pier implosion and pile driving activities, CALTRANS has reported mortality to marine mammals' prey species, including northern anchovies and Pacific herring (CALTRANS 2016). These few isolated fish mortality events are not anticipated to have a substantial effect on prey species population or their availability as a food resource for marine mammals.

    Studies also suggest that larger fish are generally less susceptible to death or injury than small fish. Moreover, elongated forms that are round in cross section are less at risk than deep-bodied forms. Orientation of fish relative to the shock wave may also affect the extent of injury. Open water pelagic fish (e.g., mackerel) seem to be less affected than reef fishes. The results of most studies are dependent upon specific biological, environmental, explosive, and data recording factors.

    The huge variation in fish populations, including numbers, species, sizes, and orientation and range from the detonation point, makes it very difficult to accurately predict mortalities at any specific site of detonation. Most fish species experience a large number of natural mortalities, especially during early life-stages, and any small level of mortality caused by the CALTRANS' two controlled implosions will likely be insignificant to the population as a whole.

    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.

    1. Proposed Mitigation Measures for In-water Pile Driving and Pile Removal

    For the proposed CALTRANS SFOBB construction activities, CALTRANS worked with NMFS and proposed the following mitigation measures to minimize the potential impacts to marine mammals in the project vicinity. The primary purpose of these mitigation measures is to detect marine mammals within or about to enter designated exclusion zones corresponding to NMFS current injury thresholds and 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 to reduce the intensity of Level B behavioral harassment.

    Use of Noise Attenuation Devices

    To reduce impact on marine mammals, CALTRANS shall use a marine pile driving energy attenuator (i.e., air bubble curtain system), or other equally effective sound attenuation method (e.g., dewatered cofferdam) for all impact pile driving, with the exception of pile proofing and H-piles.

    Establishment of Exclusion and Level B Harassment Zones

    Before the commencement of in-water construction activities, which include impact pile driving and vibratory pile driving, CALTRANS shall establish “exclusion zones” where received underwater sound pressure levels (SPLs) are higher than 180 dB (rms) and 190 dB (rms) re 1 μPa for cetaceans and pinnipeds, respectively, and “Level B behavioral harassment zones” where received underwater sound pressure levels (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 driving), respectively. Before the sizes of actual zones are determined based on hydroacoustic measurements, CALTRANS shall establish these zones based on prior measurements conducted during SFOBB constructions, as described in Table 2 of this document.

    Table 2—Temporary Exclusion and Level B Harassment Zones for Various Pile Driving Activities Pile driving/dismantling activities Pile size
  • (m)
  • Distance to 120 dB re 1 μPa
  • (rms) (m)
  • Distance to 160 dB re 1 μPa
  • (rms) (m)
  • Distance to 180 dB re 1 μPa
  • (rms) (m)
  • Distance to 190 dB re 1 μPa
  • (rms) (m)
  • Vibratory Driving 24 2,000 NA NA NA 36 2,000 NA NA NA Sheet pile 2,000 NA NA NA Attenuated Impact Driving 24 NA 1,000 235 95 36 NA 1,000 235 95 Unattenuated Proofing 24 NA 1,000 235 95 36 NA 1,000 235 95 Unattenuated Impact Driving H-pile NA 1,000 235 95

    Once the underwater acoustic measurements are conducted during initial test pile driving, CALTRANS shall adjust the size of the exclusion zones and Level B behavioral harassment zones, and monitor these zones accordingly.

    NMFS-approved protected species observers (PSOs) shall conduct initial survey of the exclusion zones to ensure that no marine mammals are seen within the zones before impact pile driving of a pile segment begins. If marine mammals are found within the exclusion zone, impact pile driving of the segment would be delayed until they move out of the area. If a marine mammal is seen above water and then dives below, the contractor would wait 15 minutes for pinnipeds and small cetaceans (harbor porpoise), and harbor porpoise and 30 minutes for bottlenose dolphins and gray whales. If no marine mammals are seen by the observer in that time it can be assumed that the animal has moved beyond the exclusion zone. This 15-minute criterion is based on scientific evidence that harbor seals in San Francisco Bay dive for a mean time of 0.50 minutes to 3.33 minutes (Harvey and Torok, 1994), and the mean diving duration for harbor porpoises ranges from 44 to 103 seconds (Westgate et al., 1995).

    If pile driving of a segment ceases for 30 minutes or more and a marine mammal is sighted within the designated exclusion zone prior to commencement of pile driving, the observer(s) must notify the Resident Engineer (or other authorized individual) immediately and continue to monitor the exclusion zone. Operations may not resume until the marine mammal has exited the exclusion zone.

    Soft Start

    In order to provide additional protection to marine mammals near the project area by allowing marine mammals to vacate the area prior to receiving a higher noise exposure, CALTRANS and its contractor will also “soft start” the hammer prior to operating at full capacity. This should expose fewer animals to loud sounds both underwater and above water. This would also ensure that, although not expected, any pinnipeds and cetaceans that are missed during the initial exclusion zone monitoring will not be injured.

    Shut-Down Measure

    CALTRANS shall implement shutdown measures if a marine mammal is sighted 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 pinniped or harbor porpoise is not sighted for 15 minutes after the shutdown, or if a bottlenose dolphin or gray whale is not sighted for 30 minutes after the shutdown.

    2. Proposed Mitigation Measures for Confined Implosion

    For CALTRANS's proposed Piers E4 and E5 controlled implosion, CALTRANS 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 exclusion zones and zones of influence (ZOI). Specific proposed mitigation measures are described below.

    Time Restriction

    Implosion of Piers E4 and E5 would only be conducted during daylight hours and with enough time for pre and post implosion monitoring, and with good visibility when the largest exclusion zone can be visually monitored.

    Installation of Blast Attenuation System (BAS)

    Prior to the Piers E4 and E5 demolition, CALTRANS should install a Blast Attenuation System (BAS) as described above to reduce the shockwave from the implosion.

    Establishment of Level A Exclusion Zone

    Due to the different hearing sensitivities among different taxa of marine mammals, NMFS has established a series of take thresholds from underwater explosions for marine mammals belonging to different functional hearing groups (Table 3). Under these criteria, marine mammals from different taxa will have different impact zones (exclusion zones and zones of influence).

    CALTRANS will establish an exclusion zone for both the mortality and Level A harassment zone (permanent hearing threshold shift or PTS, GI track injury, and slight lung injury) using the largest radius estimated harbor and northern elephant seals. CALTRANS will use measured distances to marine mammal threshold distances from the implosion of Pier E3 as predicted distances to the thresholds for the implosions of Piers E4 and E5 (Table 4). The use of measured peak pressure, cumulative SEL, and impulse levels from the Pier E3 implosion provide a conservative estimate for the proposed implosions of Piers E4 and E5. The Piers E4 and E5 caisson structures are smaller than the Pier E3 caisson structure and will require fewer explosive charges to implode. The maximum charge weight for the implosions of Piers E4 and E5 is 35 pounds/delay, the same as used for the implosion of Pier E3. However, the total explosive weight, number of individual detonations, and total time of implosion event will be less for these smaller piers.

    Table 3—NMFS Take Thresholds for Marine Mammals From Underwater Implosions Group Species Level B harassment Behavioral TTS Level A
  • harassment
  • PTS Serious injury Gastro-
  • intestinal tract
  • Lung Mortality
    Mid-freq cetacean Bottlenose dolphin 167 dB SEL 172 dB SEL or 224 dB SPLpk 187 dB SEL or 230 dB SPLpk 237 dB SPL or 104 psi 39.1M1/3 (1+[D/10.081])1/2 Pa-sec
  • where: M = mass of the animals in kg
  • D = depth of animal in m
  • 91.4M1/3 (1+[D/10.081])1/2 Pa-sec.
  • where: M = mass of the animals in kg.
  • D = depth of animal in m.
  • High-freq cetacean Harbor porpoise 141 dB SEL 146 dB SEL or 195 dB SPLpk 161 dB SEL or 201 dB SPLpk Phocidae Harbor seal & northern elephant seal 172 dB SEL 177 dB SEL or 212 dB SPLpk 192 dB SEL or 218 dB SPLpk Otariidae California sea lion & northern fur seal 195 dB SEL 200 dB SEL or 212 dBpk 215 dB SEL or 218 dB SPLpk * Note: All dB values are referenced to 1 μPa. SPLpk = Peak sound pressure level; psi = pounds per square inch.
    Table 4—Measured Distances to Underwater Blasting Threshold Criteria for Levels A and B Harassment and Mortality From the Pier E3 Implosion Species Level B criteria Behavioral response TTS Dual criteria * Level A criteria PTS Dual criteria * Gastro-intestinal track Lung injury Mortality Harbor Seal 2,460 ft (750 m) 1,658 ft (505 m)
  • 104 ft (32 m)
  • 507 ft (155 m)
  • 65 ft (20 m)
  • <100 ft (30 m) <100 ft (30 m) <100 ft (30 m).
    California Sea Lion 387 ft (118 m) 261 ft (80 m)
  • 104 ft (32 m)
  • 80 ft (24 m)
  • 65 ft (20 m)
  • <100 ft (30 m) <100 ft (30 m) <100 ft (30 m).
    Northern Elephant Seal 2,460 ft (750 m) 1,658 ft (505 m)
  • 104 ft (32 m)
  • 507 ft (155 m)
  • 65 ft (20 m)
  • <100 ft (30 m) <100 ft (30 m) <100 ft (30 m).
    Northern fur seal 387 ft (118 m) 261 ft (80 m)
  • 104 ft (32 m)
  • 80 ft (24 m)
  • 65 ft (20 m)
  • <100 ft (30 m) <100 ft (30 m) <100 ft (30 m).
    Harbor Porpoise 8,171 ft (2,491 m) 5,580 ft 1,701 m)
  • 400 ft (122 m)
  • 1,777 ft (542 m)
  • 249 ft (76 m)
  • <100 ft (30 m) <100 ft (30 m) <100 ft (30 m).
    Bottlenose Dolphin 1,255 ft (383 m) 855 ft (261 m)
  • 202 ft (62 m)
  • 271 ft (83 m)
  • 112 ft (34 m)
  • <100 ft (30 m) <100 ft (30 m) <100 ft (30 m).
    Note: * For the TTS and PTS criteria thresholds with dual criteria, the largest criteria distances (i.e., more conservative) are shown in bold.
    Establishment of Level B Temporary Hearing Threshold Shift (TTS) Zone of Influence

    As shown in Table 3, for harbor and northern elephant seals, this will cover the area out to 212 dB peak SPL or 177 dB SEL, whichever extends out the furthest. Hydroacoustic modeling indicates this isopleth would extend out to 1,658 ft (505 m) from the pier. For harbor porpoises, this will cover the area out to 195 dB peak SPL or 146 dB SEL, whichever extends out the furthest, to 5,580 ft (1,701 m) from the pier. As discussed previously, the presence of harbor porpoises in this area is unlikely but monitoring will be employed to confirm their absence. For California sea lions, the distance to the Level B TTS zone of influence will cover the area out to 212 dB peak SPL or 200 dB SEL. This distance was calculated at 261 ft (80 m) from Pier E3, well within the exclusion zone previously described. Hearing group specific Level B TTS zone of influence ranges are provided in Table 4.

    Establishment of Level B Behavioral Zone of Influence

    As shown in Table 3, for harbor seals and northern elephant seals, this will cover the area out to 172 dB SEL. Hydroacoustic measurement indicates this isopleth would extend out to 2,460 ft (750 m) from the pier. For harbor porpoises, this will cover the area out to 141 dB SEL. Hydroacoustic measurement indicates this isopleth would extend out to 8,171 ft (2,941 m) from the pier. As discussed previously, the presence of harbor porpoises in this area is unlikely but monitoring will be employed to confirm their absence. For California sea lions, the distance to the Level B behavioral harassment ZOI will cover the area out to 195 dB SEL. This distance was calculated at 387 ft (118 m) from the pier, well within the exclusion zone previously described. Hearing group specific Level B TTS zone of influence ranges are provided in Table 4.

    Communication

    All PSOs will be equipped with mobile phones and a VHF radio as a backup. One person will be designated as the Lead PSO and will be in constant contact with the Resident Engineer on site and the blasting crew. The Lead PSO will coordinate marine mammal sightings with the other PSOs. PSOs will contact the other PSOs when a sighting is made within the exclusion zone or near the exclusion zone so that the PSOs within overlapping areas of responsibility can continue to track the animal and the Lead PSO is aware of the animal. If it is within 30 minutes of blasting and an animal has entered the exclusion zone or is near it, the Lead PSO will notify the Resident Engineer and blasting crew. The Lead PSO will keep them informed of the disposition of the animal.

    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. CALTRANS has proposed marine mammal monitoring measures 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 1. Monitoring for Pile Driving and Pile Removal (1) Visual Monitoring

    Besides using monitoring for implementing mitigation (ensuring exclusion zones are clear of marine mammals before pile driving begins and after shutdown measures), marine mammal monitoring will also be conducted to assess potential impacts from CALTRANS construction activities. CALTRANS will implement onsite marine mammal monitoring for 100% of all unattenuated impact pile driving of H-piles for 180- and 190-dB re 1 μPa exclusion zones and 160-dB re 1 μPa Level B harassment zone and attenuated impact pile driving (except pile proofing) for 180- and 190-dB re 1 μPa exclusion zones. CALTRANS will also monitor 20% of the attenuated impact pile driving for the 160-dB re 1 μPa Level B harassment zone, and 20% of vibratory pile driving for the 120-dB re 1 μPa Level B harassment zone.

    (2) Protected Species Observers (PSOs)

    Monitoring of the pinniped and cetacean exclusion zones shall be conducted by a minimum of three qualified NMFS-approved PSOs. Observations will be made using high-quality binoculars (e.g., Zeiss, 10 x 42 power). PSOs will be equipped with radios or cell phones for maintaining contact with other observers and CALTRANS engineers, and range finders to determine distance to marine mammals, boats, buoys, and construction equipment.

    (3) Data Collection

    Data on all observations will be recorded and will include the following information:

    • Location of sighting;

    • Species;

    • Number of individuals;

    • Number of calves present;

    • Duration of sighting;

    • Behavior of marine animals sighted;

    • Direction of travel; and

    • When in relation to construction activities did the sighting occur (e.g., before, “soft-start”, during, or after the pile driving or removal).

    1. Monitoring for Confined Implosion of Piers E4 and E5

    Monitoring for implosion impacts to marine mammals will be based on the SFOBB pile driving monitoring protocol. Pile driving has been conducted for the SFOBB construction project since 2000 with development of several NMFS-approved marine mammal monitoring plans (CALTRANS 2004; 2013). Most elements of these marine mammal monitoring plans are similar to what would be required for underwater implosions. These monitoring plans would include monitoring an exclusion zone and ZOIs for TTS and behavioral harassment described above.

    (1) Protected Species Observers (PSOs)

    A minimum of 8-10 PSOs would be required during the Piers E4 and E5 controlled implosion so that the exclusion zone, Level B Harassment TTS and Behavioral ZOIs, and surrounding area can be monitored. One PSO would be designated as the Lead PSO and would receive updates from other PSOs on the presence or absence of marine mammals within the exclusion zone and would notify the Environmental Compliance Manager of a cleared exclusion zone to the implosion.

    (2) Monitoring Protocol

    Implosions of Piers E4 and E5 will be conducted only during daylight hours and with enough time for pre and post-implosion monitoring, and with good weather (i.e., clear skies and no high winds). This work will be completed so that PSOs will be able to detect marine mammals within the exclusion zones and beyond. The Lead PSO will be in contact with other PSOs. If any marine mammals enter an exclusion zone within 30 minutes of blasting, the Lead PSO will notify the Environmental Compliance Manager that the implosion may need to be delayed. The Lead PSO will keep the Environmental Compliance Manager informed about the disposition of the animal. If the animal remains in the exclusion zone, blasting will be delayed until it has left the exclusion zone. If the animal dives and is not seen again, blasting will be delayed at least 15 minutes for pinnipeds and small cetacean (harbor porpoise), and 30 minutes for bottlenose dolphin. After the implosion has occurred, the PSOs will continue to monitor the area for at least 60 minutes.

    (3) Data Collection

    Each PSO will record the observation position, start and end times of observations, and weather conditions (i.e., sunny/cloudy, wind speed, fog, visibility). For each marine mammal sighting, the following will be recorded, if possible:

    • Species.

    • Number of animals (with or without pup/calf).

    • Age class (pup/calf, juvenile, adult).

    • Identifying marks or color (e.g., scars, red pelage, damaged dorsal fin).

    • Position relative to Piers E4 or E5 (distance and direction).

    • Movement (direction and relative speed).

    • Behavior (e.g., logging [resting at the surface], swimming, spy-hopping [raising above the water surface to view the area], foraging).

    (4) Post-Implosion Survey

    Although any injury or mortality from the implosions of Piers E4 and E5 is very unlikely, boat or shore surveys will be conducted for 3 days following the event, to determine whether any injured or stranded marine mammals are in the area. If an injured or dead animal is discovered during these surveys or by other means, the NMFS-designated stranding team will be contacted to pick up the animal. Veterinarians will treat the animal or will conduct a necropsy to attempt to determine whether it stranded because of the Piers E4 and E5 implosions.

    Proposed Reporting Measures

    CALTRANS would be required to submit a draft monitoring report within 90 days after completion of the construction work or the expiration of the IHA (if issued), whichever comes earlier. This draft 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 draft report within 30 days, and if NMFS has comments, CALTRANS would address the comments and submit a final report to NMFS within 30 days. If no comments are provided by NMFS after 30 days receiving the report, the draft report is considered to be final.

    Marine Mammal Stranding Plan

    A stranding plan for the Pier E3 implosion was prepared in cooperation with the local NMFS-designated marine mammal stranding, rescue, and rehabilitation center. An updated version of this plan will be implemented during implosions of Piers E4 and E5. Although avoidance and minimization measures likely will prevent any injuries, preparations will be made in the unlikely event that marine mammals are injured. Elements of the plan will include the following:

    1. The stranding crew will prepare treatment areas at an NMFS-designated facility for cetaceans or pinnipeds that may be injured from the implosions. Preparation will include equipment to treat lung injuries, auditory testing equipment, dry and wet caged areas to hold animals, and operating rooms if surgical procedures are necessary.

    2. A stranding crew and a veterinarian will be on call near the Piers E4 and E5 area at the time of the implosions, to quickly recover any injured marine mammals, provide emergency veterinary care, stabilize the animal's condition, and transport individuals to an NMFS-designated facility. If an injured or dead animal is found, NMFS (both the regional office and headquarters) will be notified immediately, even if the animal appears to be sick or injured from causes other than the implosions.

    3. Post-implosion surveys will be conducted immediately after the event and over the following 3 days to determine whether any injured or dead marine mammals are in the area.

    4. Any veterinarian procedures, euthanasia, rehabilitation decisions, and time of release or disposition of the animal will be at the discretion of the NMFS-designated facility staff and the veterinarians treating the animals. Any necropsies to determine whether the injuries or death of an animal was the result of an implosion or other anthropogenic or natural causes will be conducted at an NMFS-designated facility by the stranding crew and veterinarians. The results will be communicated to both the CALTRANS and to NMFS as soon as possible, followed by a written report within a month.

    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].

    The distance to marine mammal threshold criteria for pile driving and blasting activities, and corresponding zones of influence (ZOI) have been determined based on underwater sound and pressure measurements collected during pervious activities in the SFOBB Project area. The numbers of marine mammals by species that may be taken by each type of take were calculated based on distance to the marine mammal threshold criteria, duration of the activity, and the estimated density of each species in the ZOI.

    Estimates of Species Densities of Marine Mammals

    No systematic line transect surveys of marine mammals have been performed in the San Francisco Bay. Therefore, the in-water densities of harbor seals, California sea lions, and harbor porpoises were calculated based on 15 years of observations during monitoring for the SFOBB construction and demolition. The amount of monitoring performed per year varied depending on the frequency and duration of construction activities with the potential to affect marine mammals. During the 237 days of monitoring from 2000 through 2015 (including 15 days of baseline monitoring in 2003), 822 harbor seals, 77 California sea lions, and 9 harbor porpoises were observed within the waters of the SFOBB east span. Density estimates for other species were made from stranding data, provided by the Marine Mammal Center (MMC).

    1. Pacific Harbor Seal Density Estimates

    Harbor seal density was calculated from all observations of animals in water during SFOBB Project monitoring from 2000 to 2015, divided by the size of the project area. These observations included data from baseline, pre-, during and post-pile driving, mechanical dismantling, onshore blasting, and offshore implosion activities. During this time, the population of harbor seals in the Bay remained stable (Manugian 2013). Therefore, substantial differences in numbers or behaviors of seals hauling out, foraging, or in their movements are not anticipated. All harbor seal observations within a 1 km2 area were used in the estimate. Distances were recorded using a laser range finder (Bushnell Yardage Pro Elite 1500; ± 1.0 yard accuracy). Care was taken to eliminate multiple observations of the same animal, although this was difficult when more than three seals were foraging in the same area.

    Density of harbor seals was highest near YBI and Treasure Island, probably because of the haul-out site and nearby foraging areas in Coast Guard and Clipper coves. Therefore, density estimates were calculated for a higher density area within 4,921 ft (1,500 m) west of Piers E4 and E5, which included the two foraging coves. A lower density estimate was calculated from the areas east of Piers E4 and E5, and beyond 4,921 ft (1,500 m) north and south of the bridge. Harbor seal densities in these two areas in spring-summer and fall-winter seasons are provided in Table 5.

    2. California Sea Lion Density Estimates

    Within the SFOBB Project area, California sea lion density was calculated from all observations of animals in water during SFOBB Project monitoring from 2000 to 2015, divided by the size of the project area. These observations included data from baseline, pre, during, and post-pile driving, mechanical dismantling, onshore blasting, and offshore implosion activities. All sea lion observations within a 1 km2 area were used in the estimate. Distances were recorded using a laser range finder (Bushnell Yardage Pro Elite 1500; ± 1.0 yard accuracy). Care was taken to eliminate multiple observations of the same animal, although most sea lion observations involve a single animal.

    California sea lion densities in late spring-early summer and late summer-fall seasons are provided in Table 5.

    3. Northern Elephant Seal Density Estimates

    Northern elephant seal density in the project area was calculated from the stranding records of the MMC, from 2004 to 2014. These data included both injured or sick seals and healthy seals. Approximately 100 elephant seals were reported in the Bay during this time; most of these hauled out and likely were sick or starving. The actual number of individuals in the Bay may have been higher because not all individuals would necessarily have hauled out. Some individuals may have simply left the Bay soon after entering. Data from the MMC show several elephant seals stranding on Treasure Island, and one healthy elephant seal was observed resting on the beach in Clipper Cove in 2012. Elephant seal pups or juveniles also may have stranded after weaning in the spring and when they returned to California in the fall (September through November). Density of northern elephant seal is estimated as the number of stranded seals over the SFOBB project area, which is 0.03 animal/km2 (Table 5).

    4. Harbor Porpoise Density Estimates

    Harbor porpoise density was calculated from all observations during SFOBB Project monitoring, from 2000 to 2015. These observations included data from baseline, pre, during and post-pile driving, and onshore implosion activities. Over this period, the number of harbor porpoises that were observed entering and using the Bay increased. During the 15 years of monitoring in the SFOBB Project area, only nine harbor porpoises were observed, and all occurred between 2006 and 2015 (including two in 2014 and five in 2015). Density of harbor porpoise is estimated to be 0.021 animal/km2 (Table 5).

    5. Gray Whale Density Estimate

    Gray whale density was estimated for the entire Bay as no observations have occurred of gray whales in the SFOBB Project area. Each year, two to six gray whales enter the Bay, presumably to feed, in the late winter through spring (February through April), per the MMC. Gray whales rarely occur in the Bay from October through December. The gray whale density was estimated based on a maximum of 6 whales occurring within the main area of San Francisco Bay, which yielded a density of 0.00004/km2 (Thorson, pers. comm., 2014).

    Table 5—Estimated In-Water Density of Marine Mammals in the SFOBB Project Area Species Main season of occurrence Density west of piers E4 and E5 within 1,500 m of SFOBB (animals/km2) Density east of piers E4 and E5 and/or beyond 1,500 m of SFOBB (animals/km2) Harbor Seal Spring-Summer 0.32 0.17 Harbor Seal Fall-Winter 0.83 0.17 California Sea Lion Late Summer-Fall (post breeding season) 0.09 0.09 California Sea Lion Late Spring-Early Summer (breeding season) 0.04 0.04 Northern Elephant Seal Late Spring-Early Winter 0.03 0.03 Harbor Porpoise All Year 0.021 0.021 Gray Whale Late Winter and Spring 0.00004 0.00004 Note: Densities for Pacific harbor seals, California sea lions and harbor porpoises are based on monitoring for the east span of the SFOBB from 2000 to 2013. Gray whale and elephant seal densities are estimated from sighting and stranding data from the MMC. Estimated Takes by Pile Driving and Pile Removal

    The numbers of marine mammals by species that may be taken by pile driving were calculated by multiplying the ensonified area above a specific species exposure threshold by the days of the activity and by the estimated density of each species in the ensonified area. As discussed above threshold distances were determined based on previously measured distances to thresholds during the driving of 42-inch-diameter (1.07 meters) pipe piles. The same threshold distances have been applied to all types and sizes of piles proposed for installation and removal (i.e., sheet piles, H-piles, and pipe piles equal to or less than 36 inches [0.91 meter]). The take estimate is based on 132 days of pile driving to install 200 piles.

    For rare species of which the density estimates are unknown, such as northern fur seal and bottlenose dolphin, NMFS worked with CALTRANS and allotted 20 northern fur seals and 10 bottlenose dolphin for incidental take by Level B behavioral harassment to cover the chance encounter in case these animals happen to occur in the project area.

    A summary of estimated takes by in-water pile driving and pile removal is provided in Table 6.

    Table 6—Estimated Take of Marine Mammals From Pile Driving and Pile Removal Activities Species Level B
  • Harassment
  • (Behavioral
  • Response)
  • Level A
  • Harassment
  • Pacific Harbor Seal 862 0 California Sea Lion 108 0 Northern Elephant Seal 13 0 Harbor Porpoise 13 0 Gray Whale 1 0 Northern fur seal 20 0 Bottlenose dolphin 10 0

    The number of marine mammals by species that may be taken by implosion of Piers E4 and E5 were calculated based on distances to the marine mammal threshold for explosions (Table 4) and the estimated density of each species in the ensonified areas (Table 5). A summary of estimated and requested takes by controlled implosion is provided in Table 8.

    Table 7—Estimated Exposures of Marine Mammals to the Pier E4 and E5 Implosions for Levels A and B, and Mortality Species Level B Exposures Behavioral
  • response
  • TTS Level A Exposures PTS Gastro-
  • intestinal track
  • injury
  • Slight lung
  • injury
  • Mortality
    Pacific Harbor Seal 1 1 0 0 0 0 California Sea Lion 0 0 0 0 0 0 Northern Elephant Seal 0 0 0 0 0 0 Harbor Porpoise 0 0 0 0 0 0

    However, the number of marine mammals in the area at any given time is highly variable. Animal movement depends on time of day, tide levels, weather, and availability and distribution of prey species. Therefore, to account for potential high animal density that could occur during the short window of controlled implosion, NMFS worked with CALTRANS and adjusted the estimated number upwards for the requested takes. These adjustments were based on likely group sizes of these animals.

    A summary of estimated takes by implosion of Piers E4 and E5 is provided in Table 8.

    Table 8—Summary of Requested Takes of Marine Mammals for the Pier E4 and E5 Implosions Species Level B behavioral Level B TTS Pacific harbor seal 12 6 California sea lion 3 2 Northern elephant seal 2 1 Harbor porpoise 6 3 Northern fur seal 1 1 Bottlenose dolphin 2 2

    A summary of the request incidental takes of marine mammals for CALTRANS SFOBB construction activity, including from in-water pile driving/pile removal and controlled implosion for Piers E4 and E5 is provided in Table 9. These take estimates represent “instances” of take and are likely overestimates of the number of individual animals taken, since some individuals are likely taken on multiple days. The more likely the individuals are to remain in the action area for multiple days, the greater the overestimate of individuals.

    Table 9—Summary of Requested Takes of Marine Mammals for CALTRANS SFOBB Project Species Level B
  • behavioral
  • Level B TTS Population Percent take population
    Pacific harbor seal 874 6 30,968 2.84 California sea lion 111 2 296,750 0.04 Northern elephant seal 15 1 179,000 0.01 Harbor porpoise 19 3 9,886 0.22 Northern fur seal 21 1 12,844 0.17 Gray whale 1 0 20,990 0.00 Bottlenose dolphin 12 2 323 4.33
    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.

    To avoid repetition, this introductory discussion of our analyses applies to all the species listed in Table 9, given that the anticipated effects of CALTRANS' SFOBB construction activities involving pile driving and pile removal and controlled implosions for Piers E4 and E5 on marine mammals are expected to be relatively similar in nature. There is no information about the nature or severity of the impacts, or the size, status, or structure of any species or stock that would lead to a different analysis for this activity, or else species-specific factors would be identified and analyzed.

    No injuries or mortalities are anticipated to occur as a result of CALTRANS' SFOBB construction activity associated with pile driving and pile removal and controlled implosion to demolish Piers E4 and E5, and none are proposed to be authorized. The relatively low marine mammal density and small Level A exclusion zones make injury takes of marine mammals unlikely, based on take calculation described above. In addition, the Level A exclusion zones would be thoroughly monitored before the proposed implosion, and detonation activity would be postponed if an marine mammal is sighted within the exclusion zone.

    The takes that are anticipated and authorized are expected to be limited to short-term Level B harassment (behavioral and TTS). Marine mammals (Pacific harbor seal, northern elephant seal, California sea lion, northern fur seal, gray whale, harbor porpoise, and bottlenose dolphin) present in the vicinity of the action area and taken by Level B harassment would most likely show overt brief disturbance (startle reaction) and avoidance of the area from elevated noise level during pile driving and pile removal and the implosion noise. A few marine mammals could experience TTS if they occur within the Level B TTS ZOI. However, as discussed early in this document, TTS is a temporary loss of hearing sensitivity when exposed to loud sound, and the hearing threshold is expected to recover completely within minutes to hours. Therefore, it is not considered an injury. In addition, even if an animal receives a TTS, the TTS would be a one-time event from a brief impulse noise (about 5 seconds), making it unlikely that the TTS would involve into PTS. Finally, there is no critical habitat or other biologically important areas in the vicinity of CALTRANS' proposed Pier E4 and E5 controlled implosion areas (Calambokidis et al., 2015).

    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. There is no biologically important area in the vicinity of the SFOBB project area. The project activities would not permanently modify existing marine mammal habitat. The activities may kill some fish and cause other fish to leave the area temporarily, thus 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 CALTRANS's SFOBB construction activity and the associated Piers E4 and E5 demolition via controlled implosion will have a negligible impact on the affected marine mammal species or stocks.

    Small Number

    The requested takes represent less than 4.33% of all populations or stocks potentially impacted (see Table 9 in this document). These take estimates represent the percentage of each species or stock that could be taken by Level B behavioral harassment and TTS (Level B harassment). The numbers of marine mammals estimated to be taken are small proportions of the total populations of the affected species or stocks. In addition, the mitigation and monitoring measures (described previously in this document) prescribed in the proposed IHA are expected to reduce even further any potential disturbance to marine mammals.

    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, 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)

    NMFS has determined that issuance of the IHA will have no effect on listed marine mammals, as none are known to occur in the action area.

    National Environmental Policy Act (NEPA)

    NMFS prepared an Environmental Assessment (EA) for the take of marine mammals incidental to construction of the East Span of the SFOBB and made a Finding of No Significant Impact (FONSI) on November 4, 2003. Due to the modification of part of the construction project and the mitigation measures, NMFS reviewed additional information from CALTRANS regarding empirical measurements of pile driving noises for the smaller temporary piles without an air bubble curtain system and the use of vibratory pile driving. NMFS prepared a Supplemental Environmental Assessment (SEA) and analyzed the potential impacts to marine mammals that would result from the modification of the action. A Finding of No Significant Impact (FONSI) was signed on August 5, 2009. In addition, for CALTRANS' Piers E4 and E5 demolition using controlled implosion, NMFS prepared an SEA and analyzed the potential impacts to marine mammals that would result from the modification. A Finding of No Significant Impact (FONSI) was signed on September 3, 2015. The proposed activity and expected impacts remain within what was previously analyzed in the EA and SEAs. Therefore, no additional NEPA analysis is warranted. A copy of the SEA and FONSI is available upon request (see ADDRESSES).

    Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to issue an IHA to CALTRANS for conducting SFOBB activities involving pile driving and pile removal, as well as Piers E4 and E5 demolition via controlled implosion, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. The proposed IHA language is provided next.

    1. This Authorization is valid from August 15, 2016, through August 14, 2017.

    2. This Authorization is valid only for activities associated with the SFOBB activities and demolition activities in San Francisco Bay.

    3. (a) The species authorized for incidental harassment takings, Level B harassment only, are: Pacific harbor seal (Phoca vitulina richardii), California sea lion (Zalophus californianus), northern elephant seal (Mirounga angustirostris), northern fur seal (Callorhinus ursinus), gray whale (Eschrichtius robustus), harbor porpoise (Phocoena phocoena), and bottlenose dolphin (Tursiops truncatus).

    (b) The authorization for taking by harassment is limited to the following acoustic sources and from the following activities:

    • In-water pile driving and pile removal activities; and

    • Piers E4 and E5 demolition via controlled implosion and associated test blasting.

    (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 9 of this notice. 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 pile driving and pile removal activities and the controlled implosion of Piers E4 and E5 shall only be conducted during daylight hours and with enough time for pre and post activity monitoring, and with good visibility when the largest exclusion zone can be visually monitored.

    (b) Installation of Sound Attenuation Systems

    (i) For in-water pile driving, energy attenuator (such as air bubble curtain system or dewatered cofferdam) shall be used for all impact pile driving of pipe piles, with the exception of pile proofing and H-piles.

    (ii) For controlled implosion of Piers E4 and E5, CALTRANS should install a Blast Attenuation System (BAS) prior to demolition to reduce the shockwave from the implosion.

    (c) Establishment of Exclusion Zones and Zones of Influence

    (i) For in-water pile driving and pile removal activities, CALTRANS shall establish exclusion zones where received underwater sound pressure levels (SPLs) are higher than 180 dB (rms) and 190 dB (rms) re 1 μPa for cetaceans and pinnipeds, respectively, and zones of influence (ZOIs) where received underwater sound pressure levels (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 driving), respectively. The isopleth of these zones are provided in Table 2.

    (ii) For Piers E4 and E5 controlled implosion and associated test blasting, CALTRANS shall establish exclusions zones and ZOIs that are appropriate to specific marine mammal functional hearing group shall be established. The isopleth of these zones are provided in Table 3.

    (d) Exclusion Zone Monitoring for Mitigation Measures.

    (i) NMFS-approved protected species observers (PSOs) shall conduct initial survey of the exclusion for 30 minutes to ensure that no marine mammals are seen within the zones before impact pile driving and controlled implosion.

    (ii) If marine mammals are found within the exclusion zones, impact pile driving and/or controlled implosion of the piers shall be delayed until they move out of the area. If a marine mammal is seen above water and then dives below, the contractor would wait 15 minutes for pinnipeds and small cetacean (harbor porpoise) and harbor porpoise and 30 minutes for gray whale and bottlenose dolphin. If no marine mammals are seen by the observer in that time it would be assumed that the animal has moved beyond the exclusion zone.

    (iii) If the time between pile-segment driving is less than 30 minutes, a new 30-minute survey is unnecessary provided marine mammal monitors continue observations during the interruption. If pile driving ceases for 30 minutes or more and a marine mammal is sighted within the designated safety zone(s) prior to the commencement of pile-driving, the PSO(s) must notify the Resident Engineer (or other authorized individual) immediately and implement measures in condition 5(d)(ii).

    (e) Soft Start

    CALTRANS and its contractor shall implement soft start, i.e., starting the pile driving hammer at the lowest power setting and gradually ramp up to full power, prior to operating pile driving hammers at full capacity for both impact and vibratory pile driving.

    (f) Shut-down

    For pile driving activities, if a marine mammal is sighted within the exclusion zone or is approaching the exclusion zone after pile-driving has begun, pile driving shall be shut-down. CALTRANS may resume pile driving after a shut-down measure following condition 5(d)(ii).

    (g) Communication

    For controlled implosion, the Lead PSO shall be in constant contact with the Resident Engineer on site and the blasting crew to ensure that no marine mammal is within the exclusion zone before the controlled implosion.

    7. Monitoring:

    (a) Protected Species Observers.

    (i) CALTRANS shall employ NMFS-approved PSOs to conduct marine mammal monitoring for its SFOBB construction activities that involve in-water pile driving and pile removal and controlled pier implosion.

    (ii) Marine mammal monitoring shall begin at least 30 minutes prior to the start of the activities, through the entire activities, and continue to 30 minutes after the construction activities and 60 minutes after the implosion events.

    (iii) Observations shall be made using high-quality binoculars (e.g., Zeiss, 10 x 42 power). PSOs shall be equipped with radios or cell phones for maintaining contact with other observers and CALTRANS engineers, and range finders to determine distance to marine mammals, boats, buoys, and construction equipment.

    (iv) For in-water pile driving and pile removal.

    (A) CALTRANS shall implement onsite marine mammal monitoring for 100% of all unattenuated impact pile driving of H-piles for 180- and 190-dB re 1 μPa exclusion zones and 160-dB re 1 μPa Level B harassment zone, and attenuated impact pile driving of pipe piles (except pile proofing) for 180- and 190-dB re 1 μPa exclusion zones.

    (B) CALTRANS shall also monitor 20% of the attenuated impact pile driving for the 160-dB re 1 μPa Level B harassment zone, and 20% of vibratory pile driving for the 120 dB re 1 μPa Level B harassment zone.

    (C) Data on all observations would be recorded and shall include the following information:

    • Location of sighting;

    • Species;

    • Number of individuals;

    • Number of calves present;

    • Duration of sighting;

    • Behavior of marine animals sighted;

    • Direction of travel;

    • When in relation to construction activities did the sighting occur (e.g., before, “soft-start”, during, or after the pile driving or removal); and

    • Other human activities in the area.

    (v) For controlled implosion of Piers E4 and E5:

    (A) A minimum of 8-10 PSOs shall be required during the Piers E4 and E5 controlled implosion so that the exclusion zone, Level B Harassment TTS and Behavioral ZOIs, and surrounding area can be monitored.

    (B) PSOs shall be positioned near the edge of each of the threshold criteria zones and shall utilize boats, barges, and bridge piers and roadway.

    (C) The Lead PSO shall be in constant communication with the Environmental Compliance Manager that will be located with the CALTRANS Engineer and the Blasting Supervisor (or person that will be in charge of detonating the charges) during the implosion.

    (D) Boat or shore surveys shall be conducted immediately after the event and for the three days following the event to determine if there are any injured or stranded marine mammals in the area.

    (E) Monitoring Data Collection:

    For each marine mammal sighting, the following shall be recorded, if possible:

    • Species.

    • Number of animals (with or without pup/calf).

    • Age class (pup/calf, juvenile, adult).

    • Identifying marks or color (scars, red pelage, damaged dorsal fin, etc.).

    • Position relative to Pier E4 or E5 (distance and direction).

    • Movement (direction and relative speed).

    • Behavior (logging [resting at the surface], swimming, spyhopping [raising above the water surface to view the area], foraging, etc.)

    • Duration of sighting or times of multiple sightings of the same individual

    8. Reporting:

    (a) CALTRANS shall submit a draft 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.

    (b) NMFS would have an opportunity to provide comments within 30 days after receiving the draft report, and if NMFS has comments, CALTRANS shall address the comments and submit a final report to NMFS within 30 days.

    (c) If NMFS does not provide comments within 30 days after receiving the report, the draft report is considered to be final.

    (d) 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, CALTRANS 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 CALTRANS to determine what is necessary to minimize the likelihood of further prohibited take and ensure MMPA compliance. CALTRANS may not resume their activities until notified by NMFS via letter, email, or telephone.

    (e) In the event that CALTRANS 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), CALTRANS 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 CALTRANS to determine whether modifications in the activities are appropriate.

    (f) In the event that CALTRANS 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), CALTRANS 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. CALTRANS shall provide photographs or video footage (if available) or other documentation of the stranded animal sighting to NMFS and the Marine Mammal Stranding Network. CALTRANS can continue its operations under such a case.

    9. Marine Mammal Stranding Plan:

    A marine mammal stranding plan shall be prepared in cooperation with the local NMFS-designated marine mammal stranding, rescue, and rehabilitation center. Elements of that plan would include the following:

    (a) The stranding crew shall prepare treatment areas at the NMFS-designated facility for cetaceans or pinnipeds that may be injured from the implosion. Preparation shall include equipment to treat lung injuries, auditory testing equipment, dry and wet caged areas to hold animals, and operating rooms if surgical procedures are necessary. Equipment to conduct auditory brainstem response hearing testing would be available to determine if any inner ear threshold shifts (TTS or PTS) have occurred.

    (b) A stranding crew and a veterinarian shall be on call near the Piers E4 and E5 sites at the time of the implosion to quickly recover any injured marine mammals, provide emergency veterinary care, stabilize the animal's condition, and transport individuals to the NMFS-designated facility. If an injured or dead animal is found, NMFS (both the regional office and headquarters) shall be notified immediately even if the animal appears to be sick or injured from other than blasting.

    (c) Post-implosion surveys shall be conducted immediately after the event and over the following three days to determine if there are any injured or dead marine mammals in the area.

    (d) Any veterinarian procedures, euthanasia, rehabilitation decisions and time of release or disposition of the animal shall be at the discretion of the NMFS-designated facility staff and the veterinarians treating the animals. Any necropsies to determine if the injuries or death of an animal was the result of the blast or other anthropogenic or natural causes will be conducted at the NMFS-designated facility by the stranding crew and veterinarians. The results shall be communicated to both CALTRANS and to NMFS as soon as possible with a written report within a month.

    10. This Authorization may be modified, suspended or withdrawn if the holder fails to abide by the conditions prescribed herein or if 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.

    11. A copy of this Authorization must be in the possession of each contractor who performs the in-water pile driving, pile removal, and Piers E4 and E5 controlled implosion work.

    Dated: July 21, 2016. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2016-17617 Filed 7-25-16; 8:45 am] BILLING CODE 3510-22-P
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    Title: Patent Processing.

    OMB Control Number: 0651-0031.

    Form Number(s): PTO/AIA/22, PTO/AIA/24, PTO/AIA/24B, PTO/AIA/31, PTO/AIA/32, PTO/AIA/33, PTO/AIA/40, PTO/AIA/41, PTO/AIA/96, PTO/SB/08a, PTO/SB/08b, PTO/SB/17i, PTO/SB/21, PTO/SB/22, PTO/SB/24, PTO/SB/24B, PTO/SB/25, PTO/SB/26, PTO/SB/27, PTO/SB/30, PTO/SB/31, PTO/SB/32, PTO/SB/33, PTO/SB/35, PTO/SB/36, PTO/SB/37, PTO/SB/38, PTO/SB/39, PTO/SB/43, PTO/SB/61, PTO/SB/63, PTO/SB/64, PTO/SB/64a, PTO/SB/67, PTO/SB/68, PTO/SB/91, PTO/SB/92, PTO/SB/96, PTO/SB/97, PTO/SB/130, PTO-2053-A/B, PTO-2054-A/B, PTO-2055-A/B, PTOL-413A, and PTOL-413C.

    Type of Request: Regular.

    Number of Respondents: 3,542,082.

    Estimated Time per Response: The USPTO estimates that it will take approximately 5 minutes (0.08 hours) to 8 hours to complete a single item in this collection. This includes the time to gather the necessary information, create the documents, and submit the completed request to the USPTO.

    Burden Hours: 3,628,380 hours.

    Cost Burden: $952,456,245.00.

    Needs and Uses: The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. 131 to examine an application for patent and, when appropriate, issue a patent. The USPTO is also required to publish patent applications, with certain exceptions, promptly after the expiration of a period of eighteen months from the earliest filing date for which a benefit is sought under Title 35, United States Code (“eighteen-month publication”). Certain situations may arise which require that additional information be supplied in order for the USPTO to further process the patent or application. The USPTO administers the statutes through various sections of the rules of practice in 37 CFR part 1. The information in this collection can be used by the USPTO to continue the processing of the patent or application to ensure that applicants are complying with the patent regulations and to aid in the prosecution of the application.

    Frequency: On occasion.

    Respondent's Obligation: Required to Obtain or Retain Benefits.

    OMB Desk Officer: Nicholas A. Fraser, email: [email protected]

    Once submitted, the request will be publicly available in electronic format through reginfo.gov. Follow the instructions on the Web site to view Department of Commerce collections currently under review by OMB.

    Further information can be obtained by:

    Email: [email protected] Include “0651-0031 copy request” in the subject line of the message.

    Mail: Marcie Lovett, Records Management Division Director, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

    Written comments and recommendations for the proposed information collection should be sent on or before August 25, 2016 to Nicholas A. Fraser, OMB Desk Officer, via email to [email protected], or by fax to 202-395-5167, marked to the attention of Nicholas A. Fraser.

    Dated: July 19, 2016. Marcie Lovett, Records Management Division Director, OCIO, United States Patent and Trademark Office.
    [FR Doc. 2016-17699 Filed 7-25-16; 8:45 am] BILLING CODE 3510-16-P
    DEPARTMENT OF DEFENSE Department of the Army Advisory Committee on Arlington National Cemetery, Honor Subcommittee Meeting Notice AGENCY:

    Department of the Army, DoD.

    ACTION:

    Notice of open subcommittee meeting.

    SUMMARY:

    The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the Honor Subcommittee of the Advisory Committee on Arlington National Cemetery (ACANC). This meeting is open to the public. For more information about the Committee and the Subcommittees, please visit http://www.arlingtoncemetery.mil/AboutUs/FocusAreas.aspx.

    DATES:

    The Honor Subcommittee will meet from 09:30 p.m. to 15:00 p.m. on, 23 August, 2016.

    ADDRESSES:

    Arlington National Cemetery Welcome Center, Conference Room, Arlington National Cemetery, Arlington, VA 22211.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Timothy Keating; Designated Federal Officer (Alternate) for the Committee and the Subcommittees, in writing at Arlington National Cemetery, Arlington VA 22211, or by email at [email protected], or by phone at 1-877-907-8585.

    SUPPLEMENTARY INFORMATION:

    This subcommittee meeting is being held under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (U.S.C. 552b, as amended) and 41 Code of the Federal Regulations (CFR 102-3.150).

    Purpose of the Meeting: The Advisory Committee on Arlington National Cemetery is an independent Federal advisory committee chartered to provide the Secretary of the Army independent advice and recommendations on Arlington National Cemetery, including, but not limited to, cemetery administration, the erection of memorials at the cemetery, and master planning for the cemetery. The Secretary of the Army may act on the committee's advice and recommendations. The Honor Subcommittee is directed to provide independent recommendations of methods to address the long-term future of Arlington National Cemetery, including how best to extend the active burials and on what ANC should focus once all available space has been used, the placement of commemorative monuments and the manner in which to ensure the living history of the cemetery is preserved.

    Proposed Agenda: The Subcommittee will discuss cemetery master planning, current eligibility and interment trends, and potential options to extend the life of active burials, to include restricting eligibility, at Arlington National Cemetery.

    Public's Accessibility to the Meeting: Pursuant to 5 U.S.C. 552b and 41 CFR 102-3.140 through 102-3.165, and the availability of space, this meeting is open to the public. Seating is on a first-come basis. The Arlington National Cemetery conference room is fully handicapped accessible. For additional information about public access procedures, contact Mr. Timothy Keating, the subcommittee's Alternate Designated Federal Officer, at the email address or telephone number listed in the FOR FURTHER INFORMATION CONTACT section.

    Written Comments and Statements: Pursuant to 41 CFR 102-3.105(j) and 102-3.140 and section 10(a)(3) of the Federal Advisory Committee Act, the public or interested organizations may submit written comments or statements to the subcommittee, in response to the stated agenda of the open meeting or in regard to the subcommittee's mission in general. Written comments or statements should be submitted to Mr. Timothy Keating, the subcommittee's Alternate Designated Federal Officer, via electronic mail, the preferred mode of submission, at the address listed in the FOR FURTHER INFORMATION CONTACT section. Each page of the comment or statement must include the author's name, title or affiliation, address, and daytime phone number. Written comments or statements being submitted in response to the agenda set forth in this notice must be received by the Designated Federal Officer at least seven business days prior to the meeting to be considered by the subcommittee. The Designated Federal Officer will review all timely submitted written comments or statements with the subcommittee Chairperson, and ensure the comments are provided to all members of the subcommittee before the meeting. Written comments or statements received after this date may not be provided to the subcommittee until its next meeting. Pursuant to 41 CFR 102-3.140d, the Committee is not obligated to allow the public to speak; however, interested persons may submit a written statement or a request to speak for consideration by the subcommittee. After reviewing any written statements or requests submitted, the subcommittee Chairperson and the Designated Federal Officer may choose to invite certain submitters to present their comments verbally during the open portion of this meeting or at a future meeting. The Designated Federal Officer in consultation with the subcommittee Chairperson, may allot a specific amount of time for submitters to present their comments verbally.

    Brenda S. Bowen, Army Federal Register Liaison Officer.
    [FR Doc. 2016-17470 Filed 7-25-16; 8:45 am] BILLING CODE 5001-03-P
    DEPARTMENT OF DEFENSE Office of the Secretary Charter Renewal of Department of Defense Federal Advisory Committees AGENCY:

    Department of Defense.

    ACTION:

    Renewal of Federal Advisory Committee.

    SUMMARY:

    The Department of Defense (DoD) is publishing this notice to announce that it is renewing the charter for the Advisory Committee on Arlington National Cemetery (“the Committee”).

    FOR FURTHER INFORMATION CONTACT:

    Jim Freeman, Advisory Committee Management Officer for the Department of Defense, 703-692-5952.

    SUPPLEMENTARY INFORMATION:

    The Committee's charter is being renewed pursuant to 10 U.S.C. 4723 and in accordance with the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended) and 41 CFR 102-3.50(d). The Committee's charter and contact information for the Committee's Designated Federal Officer (DFO) can be found at http://www.facadatabase.gov/.

    The Committee will make periodic reports and recommendations to the Secretary of the Army with respect to the administration of Arlington National Cemetery, the erection of memorials at the cemetery, and master planning for the cemetery. Any and all advice and recommendations will also be forwarded to the Secretary of Defense or the Deputy Secretary of Defense. The Committee will be composed of no more than nine members, who are eminent authorities in their respective fields of interest or expertise, specifically bereavement practices and administrative oversight, the erection of memorials, and master planning for extending the life of the cemetery, including one member nominated by the Secretary of Veterans Affairs, one member nominated by the Secretary of the American Battle Monuments Commission, and no more than seven members nominated by the Secretary of the Army. All members are appointed to provide advice on behalf of the Government on the basis of their best judgment without representing any particular point of view and in a manner free from conflict of interest. Except for reimbursement of official Committee-related travel and per diem, members serve without compensation.

    The DoD may establish subcommittees, task forces, or working groups to support the Committee. All subcommittees operate under the provisions of FACA and the Government in the Sunshine Act, will not work independently of the Committee, report all findings to the Committee for full deliberation and discussion, and have no authority to make decisions and recommendations, verbally or in writing, on behalf of the Committee. No subcommittee or any of its members can update or report, verbally or in writing, directly to the DoD or any Federal officers or employees.

    The Committee's DFO, pursuant to DoD policy, must be a full-time or permanent part-time DoD employee, and must be in attendance for the duration of each and every Committee or subcommittee meeting. The public or interested organizations may submit written statements to the Committee membership about the Committee's mission and functions. Such statements may be submitted at any time or in response to the stated agenda of planned Committee meetings. All written statements must be submitted to the Committee's DFO who will ensure the written statements are provided to the membership for their consideration.

    Dated: July 21, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2016-17622 Filed 7-25-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Intent To Prepare an Environmental Impact Statement for the Western Everglades Restoration Project, Hendry, Broward, Collier Counties, Florida AGENCY:

    Department of the Army, U.S. Army Corps of Engineers, DOD.

    ACTION:

    Notice of intent.

    SUMMARY:

    The Jacksonville District, U.S. Army Corps of Engineers (Corps) is beginning preparation of a National Environmental Policy Act assessment for the Western Everglades Restoration Project (WERP). The Everglades ecosystem, including Lake Okeechobee, encompasses a system of diverse wetland landscapes that are hydrologically and ecologically connected across more than 200 miles from north to south and across 18,000 square miles of southern Florida. In 2000, the U.S. Congress authorized the Federal government, in partnership with the State of Florida, to embark upon a multi-decade, multi-billion dollar Comprehensive Everglades Restoration Plan (CERP) to further protect and restore the remaining Everglades ecosystem while providing for other water-related needs of the region. CERP involves modification of the existing network of drainage canals and levees that make up the Central and Southern Florida Flood Control Project. One of the next steps for implementation of CERP is to identify opportunities within the tributary areas of Water Conservation Area (WCA) 3A to restore natural areas within the Big Cypress Seminole Indian Reservation and adjacent portions of Big Cypress National Preserve (BCNP) and the Miccosukee Indian Reservation. Encompassing approximately 440,000 acres located primarily in eastern Hendry County, WCA 3A tributary areas include the C-139, Feeder Canal and L-28 Gap Basins as well as the C-139 Annex and L-28 Interceptor. These areas are collectively called the Western Basins as they are located along the western edge of the Everglades and were historic flow ways. Both water supply and water quality of storm water runoff are challenges facing the Western Basins.

    ADDRESSES:

    U.S. Army Corps of Engineers, Planning and Policy Division, Environmental Branch, P.O. Box 4970, Jacksonville, FL 32232-0019.

    FOR FURTHER INFORMATION CONTACT:

    Melissa Nasuti at 904-232-1368 or email at [email protected] Additional information is also available at http://bit.ly/WesternEverglades.

    SUPPLEMENTARY INFORMATION:

    a. Since 2000, much progress has been made. Construction has begun on the first generation of CERP project modifications already authorized by Congress. These include the Picayune Strand Restoration, the Indian River Lagoon South and Site 1 Impoundment Projects. Congressional authorization has been received for the second generation of CERP projects, including Biscayne Bay Coastal Wetlands—Phase 1, the Broward County Water Preserve Areas, the Caloosahatchee River (C-43) West Basin Storage Reservoir, and the C-111 Spreader Canal Western Project which are already under construction or are operational, and the Broward County Water Preserve Areas which is currently being designed. The Central Everglades Planning Project is currently awaiting congressional authorization. All of these CERP projects contribute significant ecological benefits to the system and the specific regional habitats in which they are located. The original CERP Project identified to restore and reconnect the western Everglades ecosystem was called the Big Cypress/L-28 Interceptor Modification. The purpose of this project, as defined within the CERP, is to reestablish sheet flow from the West Feeder Canal across the Big Cypress Seminole Indian Reservation and into BCNP, maintain flood protection on Seminole Tribal lands, and ensure that inflows to the North and West Feeder Canals meet applicable water quality standards. Project features considered under CERP include modification of levees and canals, water control structures, pumps, and stormwater treatment areas with a total storage capacity of 7,600 acre-feet located within and adjacent to the Miccosukee and Seminole Indian Reservations in Collier and Hendry Counties. This CERP component will serve as the starting point for the WERP and will be refined through the planning process.

    b. The objectives of the WERP are to improve the quality, quantity, timing and distribution of water needed to restore and reconnect the western Everglades ecosystem.

    c. A scoping letter will be used to invite comments from Federal, State, and local agencies, affected Indian tribes, and other interested private organizations and individuals.

    d. A scoping meeting will be held August 16th, 2016 from 6:30 to 9:00 p.m. at the John Boy Auditorium, 1200 South W.C. Owen Avenue, Clewiston, Florida 33440.

    e. All alternative plans will be reviewed under provisions of appropriate laws and regulations, including the Endangered Species Act, Fish and Wildlife Coordination Act, Clean Water Act, and Farmland Protection Policy Act.

    f. The Draft Environmental Impact Assessment is expected to be available for public review in late 2017.

    Dated: July 12, 2016. Eric P. Summa, Chief, Planning and Policy Division.
    [FR Doc. 2016-17686 Filed 7-25-16; 8:45 am] BILLING CODE 3720-58-P
    DEPARTMENT OF DEFENSE Department of the Navy [Docket ID USN-2014-0018] Submission for OMB Review; Comment Request ACTION:

    Notice.

    SUMMARY:

    The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act.

    DATES:

    Consideration will be given to all comments received by August 25, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Fred Licari, 571-372-0493.

    SUPPLEMENTARY INFORMATION:

    Title, Associated Form and OMB Number: Application Processing and Summary Record; NAVCRUIT Form 1131/238; OMB Control Number 0703-0029.

    Type of Request: Reinstatement, with change, of a previously approved collection for which approval has expired.

    Number of Respondents: 14,000.

    Responses per Respondent: 1.

    Annual Responses: 14,000.

    Average Burden per Response: 1 hour.

    Annual Burden Hours: 14,000.

    Needs and Uses: All persons interested in entering the U.S. Navy or U.S. Navy Reserve, in a commissioned status must provide various personal data in order for a Selection Board to determine their qualifications for naval service and for specific fields of endeavor which the applicant intends to pursue. This information is used to recruit and select applicants who are qualified for commission in the U.S. Navy or U.S. Navy Reserve.

    Affected Public: Individuals or households.

    Frequency: On occasion.

    Respondent's Obligation: Voluntary.

    OMB Desk Officer: Ms. Jasmeet Seehra.

    Comments and recommendations on the proposed information collection should be emailed to Ms. Jasmeet Seehra, DoD Desk Officer, at [email protected] Please identify the proposed information collection by DoD Desk Officer and the Docket ID number and title of the information collection.

    You may also submit comments and recommendations, identified by Docket ID number and title, by the following method:

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

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

    DOD Clearance Officer: Mr. Frederick Licari.

    Written requests for copies of the information collection proposal should be sent to Mr. Licari at WHS/ESD Directives Division, 4800 Mark Center Drive, East Tower, Suite 02G09, Alexandria, VA 22350-3100.

    Dated: July 21, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2016-17644 Filed 7-25-16; 8:45 am] BILLING CODE 5001-06-P
    DELAWARE RIVER BASIN COMMISSION Notice of Public Hearing and Business Meeting: August 10 and September 14, 2016

    Notice is hereby given that the Delaware River Basin Commission will hold a public hearing on Wednesday, August 10, 2016 at the Washington Crossing Historic Park Visitor Center, 1112 River Road, Washington Crossing, Pennsylvania. A business meeting will be held the following month, on Wednesday, September 14, 2016 at the Historic Hotel Bethlehem, 437 Main Street, Bethlehem, Pennsylvania. The hearing and business meeting are open to the public.

    Public Hearing. The public hearing on August 10, 2016 will begin at 1:30 p.m. Hearing items will include draft dockets for the withdrawals, discharges and other water-related projects subject to the Commission's review.

    The list of projects scheduled for hearing, including project descriptions, will be posted on the Commission's Web site, www.drbc.net, in a long form of this notice at least ten days before the hearing date. Draft resolutions scheduled for hearing also will be posted at www.drbc.net ten or more days prior to the hearing.

    Written comments on matters scheduled for hearing on August 10 will be accepted through 5 p.m. on August 11. After the hearing on all scheduled matters has been completed, and as time allows, an opportunity for Open Public Comment will also be provided.

    The public is advised to check the Commission's Web site periodically prior to the hearing date, as items scheduled for hearing may be postponed if additional time is deemed necessary to complete the Commission's review, and items may be added up to ten days prior to the hearing date. In reviewing docket descriptions, the public is also asked to be aware that project details commonly change in the course of the Commission's review, which is ongoing.

    Public Meeting. The public business meeting on September 14, 2016 will begin at 10:30 a.m. and will include: Adoption of the Minutes of the Commission's June 15, 2016 business meeting, announcements of upcoming meetings and events, a report on hydrologic conditions, reports by the Executive Director and the Commission's General Counsel, and consideration of any items for which a hearing has been completed or is not required.

    After all scheduled business has been completed and as time allows, the meeting will also include up to one hour of Open Public Comment.

    There will be no opportunity for additional public comment for the record at the September 14 business meeting on items for which a hearing was completed on August 10 or a previous date. Commission consideration on September 14 of items for which the public hearing is closed may result in approval of the item (by docket or resolution) as proposed, approval with changes, denial, or deferral. When the Commissioners defer an action, they may announce an additional period for written comment on the item, with or without an additional hearing date, or they may take additional time to consider the input they have already received without requesting further public input. Any deferred items will be considered for action at a public meeting of the Commission on a future date.

    Advance Sign-Up for Oral Comment. Individuals who wish to comment on the record during the public hearing on August 10 or to address the Commissioners informally during the Open Public Comment portion of the meeting on either August 10 or September 14 as time allows, are asked to sign up in advance by contacting Ms. Paula Schmitt of the Commission staff, at [email protected]

    Addresses for Written Comment. Written comment on items scheduled for hearing may be delivered by hand at the public hearing or: By hand, U.S. Mail or private carrier to: Commission Secretary, P.O. Box 7360, 25 State Police Drive, West Trenton, NJ 08628; by fax to Commission Secretary, DRBC at 609-883-9522; or by email (preferred) to [email protected] If submitted by email, written comments on a docket should also be sent to Mr. David Kovach, Manager, Project Review Section at [email protected]

    Accommodations for Special Needs. Individuals in need of an accommodation as provided for in the Americans with Disabilities Act who wish to attend the informational meeting, conference session or hearings should contact the Commission Secretary directly at 609-883-9500 ext. 203 or through the Telecommunications Relay Services (TRS) at 711, to discuss how we can accommodate your needs.

    Additional Information, Contacts. Additional public records relating to hearing items may be examined at the Commission's offices by appointment by contacting Carol Adamovic, 609-883-9500, ext. 249. For other questions concerning hearing items, please contact Judith Scharite, Project Review Section assistant at 609-883-9500, ext. 216.

    Dated: July 20, 2016. Pamela M. Bush, Commission Secretary and Assistant General Counsel.
    [FR Doc. 2016-17697 Filed 7-25-16; 8:45 am] BILLING CODE 6360-01-P
    DEPARTMENT OF EDUCATION [Docket No. ED-2016-ICCD-0087] Agency Information Collection Activities; Comment Request; National Teacher and Principal Survey of 2017-2018 (NTPS 2017-18) Preliminary Field Activities AGENCY:

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

    ACTION:

    Notice.

    SUMMARY:

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

    DATES:

    Interested persons are invited to submit comments on or before September 26, 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-0087. 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-347, Washington, DC 20202-4537.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact NCES Information Collections at [email protected]

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: National Teacher and Principal Survey of 2017-2018 (NTPS 2017-18) Preliminary Field Activities.

    OMB Control Number: 1850-0598.

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

    Respondents/Affected Public: Individuals or Households.

    Total Estimated Number of Annual Responses: 13,015.

    Total Estimated Number of Annual Burden Hours: 3,537.

    Abstract: The National Teacher and Principal Survey (NTPS), conducted biennially by the National Center for Education Statistics (NCES), is a system of related questionnaires that provides descriptive data on the context of elementary and secondary education. Redesigned from the Schools and Staffing Survey (SASS) with a focus on flexibility, timeliness, and integration with other ED data, the NTPS system allows for school, principal, and teacher characteristics to be analyzed in relation to one another. NTPS is an in-depth, nationally representative survey of first through twelfth grade public school teachers, principals, and schools. Kindergarten teachers in schools with at least a first grade are also surveyed. NTPS utilizes core content and a series of rotating modules to allow timely collection of important education trends as well as trend analysis. Topics covered include characteristics of teachers, principals, schools, teacher training opportunities, retention, retirement, hiring, and shortages. This request is to contact districts and schools in order to begin preliminary activities for NTPS 2017-18, namely: (a) Contacting and seeking research approvals from special contact districts, where applicable, (b) notifying districts that their school(s) have been selected for NTPS 2017-18, and (c) notifying sampled schools of their selection for the survey and verifying their mailing addresses.

    Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2016-17629 Filed 7-25-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION Applications for New Awards; Providing High-Quality Career and Technical Education Programs for Underserved, High-Need Youth Through a Pay for Success Model AGENCY:

    Office of Career, Technical, and Adult Education (OCTAE), Department of Education.

    ACTION:

    Notice.

    Overview Information: Providing High-Quality Career and Technical Education (CTE) Programs for Underserved, High-Need Youth through technical assistance on Pay For Success Models (CTE PFS TA Program) Notice inviting applications for a new award in fiscal year (FY) 2016.

    Catalog of Federal Domestic Assistance (CFDA) Number: 84.051 DATES:

    Applications Available: July 26, 2016.

    Date of Pre-Application Meeting: August 2, 2016.

    Deadline for Transmittal of Applications: August 25, 2016.

    Full Text of Announcement I. Funding Opportunity Description

    Purpose of the program: The purpose of this program is to support the development of a financing model, High-Quality Pay for Success (PFS),1 to implement new or scale up existing high-quality career and technical education (CTE) projects for Underserved, High-Need Youth (CTE PFS Project). To this end, the Department will award a grant to an Intermediary to provide technical assistance for the first two of three phases of a PFS financing model. In phase one, the Intermediary will complete Feasibility Studies in four Local CTE Sites. In phase two, the Intermediary will provide or support transaction structuring, based on the limited funding level, for up to three out of the previously identified four local sites to the extent that the local site's CTE PFS project is determined to be feasible. While it is our intent that all of the selected local CTE PFS projects will result in a fully-structured PFS project ready to launch, each program may have different challenges that might result in not all projects completing these first two phases by the end of the grant period. The ultimate aim of the CTE PFS TA Program is to improve outcomes for Underserved, High-Need Youth through fully-structured High-Quality PFS Projects ready to be implemented in the Local CTE Sites using High-Quality CTE programs.

    1 Defined terms are used throughout the notice and are indicated by capitalization.

    Background: Section 114(c)(1) of the Carl D. Perkins Career and Technical Education Act of 2006 (Perkins IV) authorizes the Office of Career, Technical, and Adult Education (OCTAE) to provide support directly or through grants, contracts, or cooperative agreements, for research, development, demonstration, evaluation, assessment, capacity-building, and technical assistance activities aimed at improving the quality and effectiveness of CTE programs authorized under Perkins IV.

    PFS financing models offer a way for the Federal government to support the development and scaling up of effective, evidence-based programs for Underserved, High-Need Youth and to test new, innovative programs. There is a small but growing body of evidence about CTE program models that have been shown to produce positive outcomes for Underserved, High-Need Youth. The following program models, including career academies and early college high schools, are examples of the kinds of strong CTE program models that may be used by CTE sites that are testing PFS financing models.

    Career academies restructure large high schools into smaller learning communities. They offer courses and activities connected to career or occupational themes and typically require all students to complete a work-based learning experience. A randomized controlled trial, over a 12-year period, found that career academies result in positive effects on labor market outcomes.2 Students in career academies have been shown to have earned, on average, 11 percent ($2,088) more per year than did students in the non-career academies group, an increase of $16,704 (in 2006 dollars) in total earning over the eight years following high school.3

    2 Kemple, James and Cynthia Willner. 2008. Career Academies: Long-Term Impacts on Labor Market Outcomes, Educational Attainment, and Transitions to Adulthood. New York, NY: MDRC. p.42. Retrieved from http://www.mdrc.org/sites/default/files/full_50.pdf.

    3 Ibid. p. 12.

    Early college high schools (ECHS) provide students with exposure to college and the opportunity to take college courses while they are in high school. ECHS partner with colleges and universities to offer all students an opportunity to earn an Associate's degree or up to two years of college credit toward an Associate's or Bachelor's degree during high school at no or low cost to students. ECHS often have a CTE focus, such as health, life sciences, or information technology. A randomized controlled trial conducted over an eight-year period found that ECHS students graduated from high school at a higher rate than non-ECHS students (86 percent versus 81 percent).4 Researchers also found that ECHS students had higher postsecondary enrollment rates compared to non-ECHS students (80 percent versus 71 percent).5 Additionally, 22 percent of ECHS students earned a postsecondary degree during the study period versus two percent of comparison students.6

    4 Berger, A., Turk-Bicakci, L., Garet, M., Song, M., Knudson, J., Haxton, C., Zeiser, K., Hoshen, G., Ford, J., Stephan, J., Keating, K., & Cassidy, L. (2013). Early college, early success: Early College High School Initiative Impact Study. Washington, DC: American Institutes for Research. p. 31. Retrieved from

    http://www.air.org/resource/early-college-early-success-early-college-high-school-initiative-impact-study-2013.

    5 Ibid. p. 29.

    6 Ibid. p. 33.

    Other CTE models that have some evidence of similar positive outcomes for youth include: (1) CTE-focused high schools in Philadelphia had higher on-time graduation rates compared to traditional public high schools in the district; 7 (2) Project Lead the Way, a project/problem-based approach to STEM 8 education that is aligned with Common Core State Standards in math and English, and Next Generation Science Standards resulted in students increasing their in-demand knowledge and transferable job skills; 9 (3) Linked Learning,—an educational approach that not only integrates academic and high-quality career and technical education but is also sequenced to support students transitioning from middle school through high school and postsecondary education,—resulted in students earning more credits in the first three years compared to their peers in traditional high school programs (1.8 credits more at the end of 11th grade), and being more likely to stay in their school district through 12th grade compared to similar students in traditional programs (five percentage points more); 10 11 12 and (4) CTE-focused Smaller Learning Communities—a school restructuring strategy that involves smaller, personalized learning environments that are often focused on a specific career theme—resulted in increased four-year graduation rates for participating students (70.4 percent for smaller learning community enrollees compared to 60.9 percent for their control group counterparts.13 14

    7 Neild, Ruth Curran, Christopher Boccanfuso, and Vaughan Byrnes. 2013. The Academic Impacts of Career and Technical Schools: A Case Study of a Large Urban School District. Baltimore, MD: Johns Hopkins University, Center for Social Organization of Schools. Retrieved from http://new.every1graduates.org/wp-content/uploads/2013/02/The-Academic-Impacts-of-Career-and-Technical-Schools.pdf.

    8 STEM is the abbreviation for “Science, Technology, Engineering and Mathematics.”

    9 Starobin, S.S., Schenk, T. Jr., Laanan, F.S., Retwisch, D., Kollasch, A., Chen, Y., & Baul, T. (2013). Evaluation research of the Iowa Project Lead the Way: Final project report, June 2013. Prepared for the Kern Family Foundation. Retrieved from http://www.cclp.hs.iastate.edu/research/rbriefs/PLTWReport2013-Final.

    10 Guha, R., K. Caspary, R. Stites, C. Padilla, N. Arshan, C. Park, V. Tse, S. Astudillo, A. Black, & N. Adelman. (2014). Taking Stock of the California Linked Learning District Initiative. Fifth-Year Evaluation Report. Menlo Park, CA: SRI International. Retrieved from http://www.connectedcalifornia.org/direct/files/resources/year5linkedlearningevaluationreportdec2014.pdf.

    11 Ibid p.A-26.

    12 Ibid p.56.

    13 Bloom, Howard and Rebecca Unterman. 2013. Sustained Progress: New Findings about the Effectiveness and Operation of Small Public High Schools of Choice in New York City. New York: MDRC. Retrieved from http://www.mdrc.org/sites/default/files/sustained_progress_FR_0.pdf.

    14 Ibid pp. 5-6.

    PFS includes innovative contracting and financing models that test and advance promising and proven interventions while paying only for successful outcomes for families, individuals, and communities. Through a PFS project, a government (or other) entity enters into a contract to pay for the achievement of concrete, measurable outcomes for specific people or communities. Service providers deliver interventions to achieve these outcomes. Payments, known as Outcomes Payments, are made only if the interventions achieve those outcomes agreed upon in advance. In many cases, these outcomes are expected to occur over a period of years, meaning that the service providers need outside funding in order to cover their operating costs. In these cases, PFS financing is used by bringing in Investors, which are recruited typically by an Intermediary contracted by the government. The government or other entity makes Outcomes Payments that, where PFS financing is used, repay Investors for their capital that covered the costs of services (and sometimes other projects costs) and offer them a modest return. Ideally, with or without PFS financing, Outcomes Payments amount to a fraction of the short- and long-term cost savings to the government (or other) entity resulting from the successful outcomes. In other cases, these payments may represent an overall greater value to the government or other payor based on the achievement of better outcomes than would otherwise have occurred.

    PFS contracting and financing require partnerships among multiple stakeholders. Partners typically include:

    • One or more outcomes “payors,” generally Federal, State, Local, or Tribal government entities, or other public or private entities that contract to pay for outcomes when achieved;

    • Service provider(s), which deliver the intervention(s) intended to achieve the outcomes;

    • Investor(s), which cover the upfront cost of implementing the intervention and at times other associated costs through PFS financing and may receive a return on investment if the outcomes are achieved; and

    • Independent Evaluator, which determines, through a Rigorous Evaluation, whether the intervention achieved the Outcome Measure(s) sought.

    Many PFS projects in the United States to date have also included a project coordinator or intermediary, an entity that facilitates and manages the PFS project and contracting process implementation.

    The development, implementation, and evaluation of PFS projects typically involve three stages: Feasibility Study; transaction structuring; and agreement implementation.

    The first stage, Feasibility Study, includes the following activities:

    • Identification of outcome(s) sought;

    • Assessment of community needs, assets, and capacity;

    • Identification of a challenge(s) or barrier(s) for serving a particular population or addressing a social issue and determination of the total costs associated with the lack of intervention;

    • Identification of interventions that can achieve the desired outcome(s);

    • Projection of the potential public value, including any savings, to be achieved through potential interventions; and

    • Determination of the willingness and capacity of stakeholders to implement a PFS project; and

    • Development of Rigorous Evaluation methodology to determine if Outcome Measures have been achieved.

    The second stage, transaction structuring, includes, but is not limited to, the following activities:

    • Providing overall PFS coordination and support;

    • Raising capital and developing capital structure;

    • Mediating and facilitating agreements between each of the parties to the project;

    • Aligning project design and evaluation;

    • Tracking the impact of achieving the Outcome Measures on government funding streams in terms of cost savings and avoidance.

    • Finalizing the PFS project and preparing for post-closing activities and allowing for transition of critical information to those implementing the third stage; and

    • Supporting ramp-up activities.

    The third stage, contract implementation, involves the implementation of the PFS project, whereby the intervention is delivered by the service provider, an evaluation is conducted, and performance is monitored. If the third-party evaluator confirms that outcome milestones have been reached, the outcomes payor makes Outcomes Payments to PFS Investors.

    This CTE PFS TA program will focus on the first two stages of a PFS Project, Feasibility Study and transaction structuring, and aims to:

    • Provide selected Local CTE Sites with the resources and expertise needed to effectively determine their ability to utilize a PFS financing model to implement new, or scale up existing, High-Quality CTE Programs for Underserved, High-Need Youth and the appropriateness of a PFS financing approach;

    • Increase the capacity of the Local CTE Sites to identify, assess, support and scale evidence-based solutions for CTE programs;

    • Increase the pipeline of CTE PFS projects;

    • Increase awareness in the CTE field about how to successfully structure PFS financing transactions; and

    • Identify the appropriate Rigorous Evaluation for evaluating a PFS-financed CTE program, the metrics for determining whether the program is successful based on the evaluation, and build understanding of how to align the processes of designing the project and the evaluation.

    Purpose of the Competition: The purpose of this competition is to award a grant through a cooperative agreement to an Intermediary to select four Local CTE Sites and provide technical assistance to the four Local CTE Sites to implement new, or scale up existing, High-Quality CTE Programs for Underserved, High-Need Youth through a PFS model during the Feasibility Study phase and transaction structuring phase, with the ultimate aim of improving outcomes through a High-Quality PFS Project. This Intermediary must:

    (a) Select four Local CTE Sites based on at least the selection criteria in section (a)(1) of the Program Requirements in this notice;

    (b) Provide technical assistance:

    (1) To the four selected Local CTE Sites throughout the Feasibility Study phase, including by completing four Feasibility Studies;

    (2) To up to three of the four Local CTE Sites, as applicable, throughout the transaction structuring phase; and

    (3) Including to:

    (i) Develop PFS financing models as a basis for implementing new, or scaling up existing, High-Quality CTE Programs for Underserved, High-Need Youth;

    (ii) Develop CTE PFS Projects that have the potential to improve the subsequent education, credentialing, employment, earnings, and other outcomes for Underserved, High-Need Youth;

    (iii) Where feasible, develop fully-structured CTE PFS Agreements for the Local CTE Sites that will ultimately allow them to implement the CTE PFS Project and related evaluations; and

    (4) Document the lessons learned from the CTE PFS Projects in a format and manner that the Department and four Local CTE Sites may disseminate to the CTE field and other key stakeholders to inform future CTE investments.

    Program Requirements: We are establishing these requirements for the FY 2016 grant competition and any subsequent year in which we make awards from the list of unfunded applications from this competition, in accordance with section 437(d)(1) of the General Education Provisions Act (GEPA), 20 U.S.C. 1232(d)(1). The Secretary intends to make a grant through a cooperative agreement for the CTE PFS TA Program that includes two stages of work:

    (a) Feasibility Study: The Intermediary will identify and provide technical assistance for up to four Local CTE Sites, including a completed PFS Feasibility Study for each Local CTE Site to determine if PFS is feasible to meet the needs of Underserved, High-Need students at those sites. Appropriate technical assistance may include, but is not limited, to:

    (1) Identifying local CTE programs that could benefit from PFS technical assistance. In coordination with OCTAE, the Intermediary will design, finalize and implement an Open and Fair Competition to select the four Local CTE Sites. In order to ensure an Open and Fair Competition, the Intermediary or their agents that develop or draft specifications, requirements, statements of work, and invitations for application shall be excluded from competing. Solicitations shall clearly establish all requirements that the applicant shall fulfill for their proposal to be evaluated.

    The competition conducted by the Intermediary must select four Local CTE Sites based on at least the following selection criteria:

    (i) Geographic diversity (urban, suburban, and rural) of Local CTE Sites that have a significant population of Underserved, High-Need Youth who could benefit from High-Quality CTE Programs;

    (ii) The extent that the Local CTE Site has the interest and capacity to implement a High Quality PFS Project;

    (iii) The extent that the Local CTE Site has the capacity to work with the Intermediary to meet the requirements of the Feasibility Study and Transaction Structuring in the Requirements section of this notice;

    (iv) The extent that the Local CTE Site has a high likelihood of proceeding to the transaction structuring phase of the CTE PFS Project;

    (v) The extent that the Local CTE Site's work aligns or will align with local workforce demands;

    (vi) The extent that the Local CTE Site is committed to or has experience using Evidenced-based Interventions;

    (vii) The extent that the Local CTE Site has existing connections to local payors; and

    (viii) If the Local CTE Site is a member of a consortia eligible to receive assistance under section 131 of Perkins IV or a consortium of eligible institutions eligible to receive assistance under section 132 of Perkins IV, the Intermediary must provide preference.

    (2) Providing selected Local CTE Sites with technical assistance while completing a Feasibility Study during the Feasibility Study stage including the following tasks:

    (i) Organizational/Programmatic Assessment:

    (A) Ascertaining local needs and priority areas for CTE strategies most appropriate for a CTE PFS Project, for example: identifying possible evidence-based CTE programs, such as those described in the Background section of this notice; assessing the evidence base for different CTE interventions; assessing the likelihood of success of those CTE interventions in the local context; and assisting in determining the specific CTE intervention that will be used for the CTE PFS Project in each Local CTE Site;

    (B) Assessing the strength, expertise, and capacity of an educational program to deliver the CTE intervention and achieve desired outcomes, including stakeholder and community support;

    (C) Evaluating the willingness and capacity of stakeholders to implement a CTE PFS Agreement that would result in high-quality career and technical education projects for Underserved, High-Need Youth;

    (D) Assessing available local, State, Federal, and administrative data, and other available evidence, data, and information relevant to carrying out potential CTE PFS Projects, including the Local CTE Sites' capacity for data matching and analysis; and

    (E) Proposing a Rigorous Evaluation design to assess a CTE PFS Project's success.

    (ii) Budgetary/Financial Analysis:

    (A) Developing a framework and conducting analyses for estimating public sector savings and Benefits, and potential costs and performance-based payments for potential CTE PFS Projects in order to inform decision-making;

    (B) Identifying and estimating potential costs and savings at each level of government and for each program; and

    (C) Developing a budget estimating the costs needed for the transaction structuring phase, for ramp-up costs (if applicable), and implementation.

    (iii) Legal/Regulatory Review:

    (A) Identifying statutory, regulatory, fiscal, and programmatic barriers to implementation of CTE PFS Projects and recommending the necessary steps to remove these barriers; and

    (B) Assessing and addressing appropriate risks (e.g., the risk that the relevant entity may not be able to make future Outcomes Payments).

    (iv) Data Capacity:

    (A) Assessing the capacity of the Local CTE Sites to collect and analyze data pertaining to implementation and outcomes of the PFS Projects;

    (B) Assisting sites to identify and gain access to relevant administrative data systems such as, but not limited to, Unemployment Insurance records, State Longitudinal Data Systems, Wage Record Interchange System, Federal Employment Data Exchange, and the National Student Clearinghouse, consistent with the Family Educational Rights and Privacy Act (20 U.S.C. 1232g; 34 CFR part 99) and other applicable Federal, State and local privacy laws; and

    (C) Increasing capacity of Local CTE Sites to leverage administrative data to monitor progress on short- and long-term outcomes.

    (v) Procurement:

    (A) Designing and implementing a process for collecting relevant information from the public or key audiences to inform potential PFS activities for the Local CTE Sites, including priorities, service delivery, transaction structuring, evaluation, or other relevant issues, priorities, concepts and strategies;

    (B) Designing and publicizing requests for proposals, notices of funding availability, or other relevant funding announcements/proposal solicitations for release by government entities or other payors to solicit the services of coordinators, service providers, or evaluators; and

    (C) Assessing solicited proposals, including respondents' organizational capacity, past performance, operating model, strength of outcomes, efficiency, quality of management team, and suitability for PFS financing.

    (3) Submitting to the Department the results of the Feasibility Study for each of the four Local CTE Sites that include, at a minimum:

    (i) A description of the proposed evidence-based CTE intervention that includes, at a minimum, how the intervention is likely to improve student outcomes, based on quantitative, qualitative, or theoretical evidence; the goals, objectives, and outcomes to be achieved by the proposed CTE program which are clearly specified and measurable and will demonstrate student success; and how the intervention is appropriate to, and will successfully address, the needs of Underserved, High-Need Youth;

    (ii) Identification of one or more clearly specified and measurable Outcome Measures related to education and employment;

    (iii) A Cost-Benefit Analysis that accounts for, among other things, costs, savings and other benefits across programs and levels of government;

    (iv) Identification of any statutory or legal barriers to implementing a CTE PFS Project and how they will be addressed.

    (v) Identification of potential source(s) of Outcomes Payments from public or private entity(ies).

    (b) Transaction Structuring: The Intermediary must provide support for structuring the CTE PFS agreement for up to three Local CTE Sites with feasible CTE PFS Projects. Activities may include, but are not limited to:

    (1) Providing overall PFS Project coordination and support to—

    (i) Design CTE PFS Project work plan, timeline, and task list;

    (ii) Coordinate planning and meetings of relevant CTE PFS Project stakeholders;

    (iii) Manage all project elements to meet shared timeline of CTE PFS Project stakeholders;

    (iv) Develop a plan to train and provide technical assistance for selected Local CTE Sites to provide services, including engaging and educating providers to ensure that expectations of their role in the CTE PFS Project are clear;

    (v) Assess the strength, expertise, and capacity of selected Local CTE Sites to provide services, including quantitative and qualitative assessment of respondents' track records, operating models, strength of outcomes, and compatibility with the CTE PFS Project;

    (vi) Address Local CTE Site performance concerns or capacity gaps;

    (vii) Coordinate selection of qualified Independent Evaluator(s);

    (viii) Coordinate or lead design of key project components, including detailed service provision, duration of services, outcome measures and monitoring, and PFS intervention evaluation design; and

    (ix) Ensure that all data necessary to identify the target population and measure outcomes will be made available by the government entity or other entity, and shared among relevant stakeholders, including the Intermediary and Independent Evaluator on a timely basis and in accordance with all applicable confidentiality and Federal, State and local privacy laws and requirements.

    (2) Raising capital and developing capital structure by:

    (i) Identifying sources of funding for Outcomes Payments (including sources beyond Federal funds);

    (ii) Conducting Financial Modeling of the transaction, including analysis of possible payment terms and transaction structures;

    (iii) Developing an investment and structure, regarding Outcomes Payments, that mitigates relevant risks and establishes appropriate incentives;

    (iv) Developing relevant documentation, such as a term sheet, that includes Outcomes Payments, pricing, payment schedules, and capital structure; and

    (v) Marketing the CTE PFS Project to Investors in order to raise capital commitments necessary to fund the CTE PFS Project.

    (3) Mediating and facilitating an agreement between each of the CTE PFS Partners to the transaction by:

    (i) Coordinating the negotiation of all parties around economic and contract terms;

    (ii) Developing and finalizing all contracts and supplementary documentation, including offering or loan documents that may be relevant and working with legal counsel as appropriate; and

    (iii) Closing the Intermediary's CTE PFS work/activities with Local CTE Sites.

    (4) Proposing additional or alternative strategies under any of the above task areas which further the purposes of the CTE PFS TA Program.

    (5) Documenting and disseminating lessons learned from the transaction structuring phase.

    Public Use of Data and Documentation: The Intermediary and the four local CTE Sites must be willing to make data and documentation publicly available for the purposes of transparency and knowledge sharing, including making the CTE PFS Agreements publicly available. To facilitate knowledge sharing and enable other communities to learn from the Local CTE Sites' PFS experiences, the Department intends to post publicly on its Web site Feasibility Studies, lessons learned, best practices, documents created for transactions such as contracts, and other tools created throughout the PFS phases, while adhering to the confidentiality needs of program participants as well as local, State, and Federal laws.

    Participation in a Department-Sponsored Program Evaluation: As a condition of the cooperative agreement, the Intermediary will be required to cooperate with all Department staff, contractors, or designated grantees performing research or evaluation studies funded by the Department. The Intermediary must establish any necessary agreements with the four Local CTE Sites to ensure that the Intermediary is able to completely respond to and cooperate with Department staff, contractors, or designated grantees performing research or evaluation studies funded by the Department.

    Cooperative Agreement: The Secretary plans to make a grant award under the terms of a cooperative agreement to a Grantee (Intermediary) as defined in this notice. The Secretary expects to have substantial involvement with the Grantee during the performance of the funded project, including, but not limited to:

    (a) Direct involvement in the review and approval of project activities;

    (b) Substantial input into the final selection and approval of the Local CTE Sites;

    (c) Continued and regular participation in project activities;

    (d) Halting a project activity if detailed performance specifications or requirements are not met;

    (e) Substantial input into the final selection and approval of the three Local CTE Sites that will receive transaction structuring TA; and

    (f) Reviewing and approving one stage of work before subsequent work may begin, especially between the Feasibility Analysis and transaction structuring phases of the CTE PFS Projects.

    Milestone Reporting and Documentation: Under the cooperative agreement, at a minimum, the Intermediary must submit the following reports and documents according to the timelines noted below:

    (a) Within two months of the grant award, the Intermediary's plan to implement an Open and Fair Competition to select four Local CTE Sites (selection plan) to receive Feasibility Study technical assistance for approval by the Department. This selection plan must:

    (1) Include the key eligibility criteria for selecting the Local CTE Sites;

    (2) Identify the acceptable level of evidence for the potential CTE PFS project's proposed intervention, given that all proposed CTE PFS projects must include interventions that have at least a preliminary level of evidence;

    (3) Detail how the selection process will:

    (i) Comply with requirements for an Open and Fair Competition, and

    (ii) Ensure that appropriate conflict of interest policies are in place for selection of Local CTE Sites;

    (4) Provide the timeline for implementing the selection plan, including milestones for releasing the Intermediary's request for proposals or other competition document and selecting local CTE Sites.

    (b) At least one month in advance of releasing a competition notice for Local CTE Sites interested in implementing a Feasibility Study, the Intermediary must submit a finalized detailed plan to the U.S. Department of Education for approval containing the required information in paragraph (a) of this section.

    (c) Prior to selecting the four Local CTE Sites, the Intermediary must submit a report on the Intermediary's Open and Fair Competition implementing the approved selection plan recommending four Local CTE Sites to receive feasibility technical assistance for approval by the Department. The report should include:

    (1) A description of the evidence demonstrating that the Service Delivery Model is likely to achieve the stated outcomes; and

    (2) A summary of the experience of the Local CTE Site delivering the proposed intervention or a similar intervention, or other contracted intervention initiated by the Local CTE Site, or other evidence demonstrating the service provider has the expertise necessary to deliver the proposed intervention.

    (d) Provide a plan and timeline, including milestones, for completing the Feasibility Studies for the four Local CTE Sites within 24 months of the grant award identifying each of the critical steps for approval by the Department.

    (e) Provide quarterly reports to the Department on the Intermediary's progress developing and completing CTE PFS Feasibility Studies for the four Local CTE Sites consistent with the approved plan, timeline and critical steps in paragraph (d).

    (f) Complete, review, and disseminate the four written CTE PFS Feasibility Studies within 24 months of the grant award consistent with program requirements.

    (g) Where a Feasibility Study concludes that a CTE PFS Project is not viable or appropriate, an explanation of why the project is not feasible and suggested alternatives to the CTE PFS Project or next steps to ready the Local CTE Site for the CTE PFS Project to become viable.

    (h) Submit a plan to verify the results of the Feasibility Studies and outline the selection criteria that will be used to determine which entities will receive transaction structuring technical assistance.

    (i) Provide a plan and timeline, including milestones, for the transaction structuring phase, identifying each of the critical steps for approval by the Department.

    (j) Provide quarterly reports to the Department on the Intermediary's progress developing and completing the transaction structuring Phase consistent with the approved timeline and critical steps in paragraph (h).

    (k) A fully-structured PFS Agreement that may be used for each Local CTE Site selected to receive transaction structuring technical assistance.

    (l) If development of a fully-structured PFS Agreement was not possible, a report outlining what the barriers were, what lessons were learned, and recommendations to either prepare the site for PFS implementation or viable alternatives to PFS.

    Priority: This notice includes one absolute priority. We are establishing this priority for the FY 2016 grant competition, and any subsequent year in which we make awards from the list of unfunded applications from this competition, in accordance with section 437(d)(1) of the General Education Provisions Act (GEPA), 20 U.S.C. 1232(d)(1).

    Absolute Priority: This priority is an absolute priority. Under 34 CFR 75.105(c)(2)(i), we consider only applications that meet this absolute priority.

    This priority is:

    Cash or In-Kind Matching: To meet this priority an applicant must provide a 10 percent Cash or In-Kind Match of the total amount of the grant. Cash or In-Kind matching will increase overall resources and enhance broad-based support for the CTE PFS TA Program. Applicants must verify that they will provide a 10 percent Cash or In-Kind Match of the total amount of the grant by submitting: (1) A letter of intent with their application; and (2) a letter of commitment that must be received no later than 4:30:00 p.m., Washington, DC time September 15, 2106 in a PDF (Portable Document) read-only, non-modifiable format submitted by email with the subject line “CTE PFS TA Program Matching Cash or In-Kind Contributions—Letter of Commitment”, addressed to [email protected]

    The applicant must demonstrate matching by providing either or a combination of both:

    (a) Cash toward meeting their matching costs of the total award of the CTE PFS TA Program grant, by providing the following:

    (1) Documentation that the applicant's organization has either cash-on-hand or commitments from organizations for the matching funds; and

    (2) A statement from the Chief Financial Officer or other relevant officer that the applicant's organization has established a reserve of committed funds for the CTE PFS Project.

    (b) In-kind, non-cash contributions calculated consistent with 2 CFR 200.306 toward meeting their matching costs of the total award of the CTE PFS TA Program grant by providing one or a combination of the following:

    (1) Evidence of commitments in the form of equipment, supplies, and other expendable property, and the value of goods and services directly benefiting and specifically identifiable to benefit the CTE PFS TA Program;

    (2) Evidence of third-party commitments for the monetary value of time contributed by professional and technical personnel and other skilled labor directly benefiting and specifically identifiable to benefit the CTE PFS TA Program; and/or

    (3) Evidence of other forms of non-cash third-party commitments directly benefiting and specifically identifiable to benefit the CTE PFS TA Program.

    Application Requirements: The applicant must:

    (a) Provide a Theory of Action for the CTE PFS TA Program for Underserved, High-Need Youth.

    (b) Provide a statement of organizational capacity to conduct PFS Feasibility Studies and transaction structuring, and to work with CTE, including:

    (1) A description of the project leadership and team, including qualifications and experience coordinating PFS programs and working with CTE; and

    (2) A description of the project leadership and team's experience selecting local sites that have a high likelihood of completing the Feasibility Analysis phase and moving to the transaction structuring phase.

    (c) Propose a preliminary plan for an Open and Fair Competition to select Local CTE Sites to receive technical assistance.

    (d) Provide a preliminary work plan for conducting technical assistance for the Feasibility Analysis and transaction structuring phases at the four Local CTE Sites. While each Local CTE Site selected will have different needs and priorities, the applicant must describe the overall tasks and processes that will be undertaken in each of the Feasibility Study and transaction structuring phases.

    (e) Provide a budget and budget narrative for each of the two phases of the CTE PFS Project—Feasibility Study and transaction structuring, including any planned cash or in-kind match consistent with the absolute priority.

    Definitions: We are establishing these definitions for the FY 2016 grant competition and any subsequent year in which we make awards from the list of unfunded applications from this competition, in accordance with section 437(d)(1) of the General Education Provisions Act (GEPA), 20 U.S.C. 1232(d)(1). The definition of “Local Government” is from the Uniform Administrative Requirements, Cost Principles and Audit Requirements For Federal Awards at 2 CFR 200.64; the definitions of “Logic Model,” “Strong Theory,” and “Theory of Action” are from Education Department General Administrative Regulations (EDGAR) at 34 CFR 77.1(c); the definition of “State” is from Sec. 3(30) of Perkins IV; and the definition of “Tribal Government” is from Sec. 3 of the Alaska Native Claims Settlement Act, 43 U.S.C. 1602(c). This competition uses the following definitions for the key terms included in this notice:

    Benefits means fiscal and other value to the public sector and society as a result of achieving the Outcome Measures through the implementation of the intervention for Underserved, High-Need Youth. Benefits may include cost savings, cost avoidance, cost-effectiveness, and positive societal benefits.

    Cost-Benefit Analysis means an analysis that compares the costs of an intervention (for example) with the Benefits that will result from achieving the Outcome Measures, including a framework and description of the process used for estimating Benefits that would result from implementation of the evidence-based CTE program for Underserved, High-Need Youth.

    CTE Pay for Success (CTE PFS) Agreement means a multiparty agreement: (1) Which, when executed, delivers or scales an innovative and Evidence-based Intervention intended to improve one or more outcomes, and in which ultimate payment to the Local CTE Site is made only if the outcome(s) is achieved at predetermined target levels, as documented by an Independent Evaluator, and (2) to which the following entities are signatories: (i) Local CTE Site(s); (ii) Outcomes Payor(s); and may include (iii) Intermediary/project coordinator or legal entity managing this Agreement created by the Intermediary.

    CTE Pay for Success (CTE PFS) Partnership includes a public or private entity that pays for outcomes; an Intermediary; and an Independent Evaluator. A CTE PFS Partnership may also include one or more Local CTE Sitesand Investor(s).

    Evidence-based Interventions are those which have objective levels of research support consistent with the guidelines established by the Department's What Works Clearinghouse.

    Feasibility Study means a written report assessing the suitability of an intervention for PFS. A Feasibility Study includes, at a minimum—

    (a) A description of the High-Quality CTE program model to be implemented through PFS that includes, at a minimum, how the intervention is likely to improve student outcomes, based on quantitative, qualitative, or theoretical evidence; the goals, objectives, and outcomes to be achieved by the proposed CTE program which are clearly specified and measurable and will demonstrate student success; and how the intervention is appropriate to, and will successfully address, the needs of Underserved, High-Need Youth;

    (b) Identification of one or more clearly specified and measurable Outcome Measures;

    (c) A Cost-Benefit Analysis;

    (d) Any statutory, legal or other barriers to implementing PFS and how they will be addressed; and

    (e) Identification of potential sources of Outcomes Payments from a government entity or other sources.

    Financial Model means a quantitative model that shows public sector value (or value to other non-governmental outcomes payors), including cost savings, cost avoidance or efficiency, and societal benefit and links the costs of implementation of the CTE PFS Project that are covered, in whole or in part, by the Investors to the amounts and timing of Outcomes Payments that are made by a government entity.

    Fiscal Agent is the entity that will be fiscally responsible for the grant award. It may be the Intermediary or a partner.

    Grantee refers to the Intermediary that is awarded the grant for the CTE PFS TA Program, consistent with the definition provided in this notice.

    High-Quality Career and Technical (CTE) Program means a program that—

    (a) Supports career pathways in in-demand industry sectors and occupations and that provide opportunities for students to prepare for college and careers;

    (b) Provides students with information about occupations in in-demand industry sectors or occupations and may offer career exploration activities as early as seventh grade;

    (c) Offers a non-duplicative, structured sequence of courses that begin at the secondary level and lead, as applicable, to an industry-recognized credential (in sectors where those credentials exist and are appropriate) and to a postsecondary certificate or degree that is needed for placement in an in-demand occupation that leads to economic self-sufficiency;

    (d) Provides students with the academic, employability, and technical, skills that employers require for entry into occupations in in-demand industry sectors or occupations;

    (e) Offers opportunities for students to earn academic credit and postsecondary credit for completing high school career and technical education courses;

    (f) Provides all participating students with work-based learning;

    (g) Provides supplemental services to participating students who are members of underserved populations and provides support services to all participating students to ensure that all students have equitable access to career and technical education programs, in addition to equitable opportunities to participate and succeed in these programs; and

    (h) Offers opportunities for participating students to develop leadership skills.

    High-Quality Pay for Success (PFS) Project means a PFS Project that includes:

    (a) A plan for addressing a well-defined problem and the needs of an associated target population;

    (b) A service delivery strategy that is managed, coordinated, and guided by the Local CTE Site, is flexible and adaptive to the target problem and population, and has a robust, rigorous evidence base or a compelling theory of change with pre- and post-intervention outcomes;

    (c) One or more well-defined, achievable potential outcome target(s) and associated payments that are a significant improvement on the current condition of the target population and have been agreed to by all required project partners;

    (d) A plan for Rigorous Evaluation;

    (e) A financial model that shows public sector value (or value to other non-governmental outcomes payors), including cost savings, cost avoidance or efficiency, and societal benefit and tracks effects of the project on relevant Federal, State, and local funding sources;

    (f) A commitment from an individual or entity to act as an outcomes payor (whose Outcomes Payments may be directed to Investors if they have covered, in part or in whole, costs associated with delivering the intervention);

    (g) If needed, a binding commitment of funds from one or more independent Investors to cover all operating costs of the intervention, including administrative and overhead costs of any intermediary; and

    (h) A legal agreement and any associated necessary agreements that incorporate all elements above.

    Independent Evaluator means an independent entity that rigorously evaluates whether the intervention achieved the outcome(s) sought.

    Independent Investor means an individual, entity, or group thereof that provides upfront capital to cover the operating costs and other associated costs, in part or whole, of the intervention delivered by the Local CTE Site and is not involved in the design or implementation of the PFS CTE project or has a stake in the results from the evaluation.

    Intermediary is a technical assistance entity that facilitates and manages the PFS TA project and contracting process. Under this program the Intermediary serves as the project facilitator between the parties in the first two phases of the PFS project, Feasibility Study and transaction structuring. Responsibilities may include but are not limited to: coordinating the development and execution of legal agreements, building a Financial Model to guide the terms of the legal agreements, and raising capital from Investors.

    Investor means an individual, entity, or group thereof that provides upfront capital to cover the operating costs and other associated costs, in part or whole, of the CTE intervention delivered by the Local CTE Sites.

    Local CTE Site means an eligible recipient under section 3(14) of Perkins IV. Section 3(14) defines “eligible recipient” as: “(A) a local educational agency (including a public charter school that operates as a local educational agency), an area career and technical education school, an educational service agency, or a consortium, eligible to receive assistance under section 131; or (B) an eligible institution or consortium of eligible institutions eligible to receive assistance under section 132.” The Local CTE Site is the service provider which may include other contractor interventions.

    Local Government means any unit of government within a State, including a—

    (a) County;

    (b) Borough;

    (c) Municipality;

    (d) City;

    (e) Town;

    (f) Township;

    (g) Parish;

    (h) Local public authority, including any public housing agency under the United States Housing Act of 1937;

    (i) Special district;

    (j) School district;

    (k) Intrastate district;

    (l) Council of governments, whether or not incorporated as a nonprofit corporation under State law; and

    (m) Any other agency or instrumentality of a multi-, regional, or intra-State or local government. (See 2 CFR 200.64).

    Logic Model (also referred to as Theory of Action) means a well-specified conceptual framework that identifies key components of the proposed process, product, strategy, or practice (i.e., the active “ingredients” that are hypothesized to be critical to achieving the relevant outcomes) and describes the relationships among the key components and outcomes, theoretically and operationally. See EDGAR at 34 CFR 77.1(c).

    Open and Fair Competition means a recruitment and selection process that is free of organizational conflicts of interest as well as noncompetitive practices among applicants that may restrict or eliminate competition or otherwise restrain trade.

    Outcome Measure means an indicator of student success on which the program's impact will be calculated. It is determined using relevant program data and has defined units of measurement by which the impact can be tracked.

    Outcomes Payments means, per the terms of the CTE PFS Agreement, payments that cover repayment of the principal investment and a return in the case that: (1) An Investor has covered part or all of the costs of service delivery and other associated costs, and (2) outcomes have been achieved according to an Independent Evaluator.

    Payment Plan means a written plan that describes the proposed payment arrangement between the Investors, and outcomes payor and must include the timelines and payment amounts for the duration of the CTE PFS Project and the corresponding Outcome Measure that triggers the Outcomes Payment.

    Rigorous Evaluation means an evaluation that will, if well-implemented, produce evidence about the project's effectiveness that would meet the What Works Clearinghouse Evidence Standards without reservations or, when random assignment is not feasible, would meet What Works Clearinghouse Evidence Standards with reservations.

    Service Delivery Model means a CTE program and model that is evidence-based with a track record of success or supported by Strong Theory that will serve Underserved, High-Need Youth in the Local CTE Site, including the CTE program models cited in the Background section of this notice.

    State The term `State,' unless otherwise specified, means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and each outlying area. See Sec. 3(30) of Perkins IV.

    Strong Theory means a rationale for the proposed process, product, strategy, or practice that includes a Logic Model. See EDGAR at 34 CFR 77.1(c).

    Theory of Action (also referred to as Logic Model) means a well-specified conceptual framework that identifies key components of the proposed process, product, strategy, or practice (i.e., the active “ingredients” that are hypothesized to be critical to achieving the relevant outcomes) and describes the relationships among the key components and outcomes, theoretically and operationally. See EDGAR at 34 CFR 77.1(c).

    Tribal Government means the governing body or a governmental agency of any Indian tribe, band, nation, or other organized group or community (including any native village as defined in Sec. 3 of the Alaska Native Claims Settlement Act, 43 U.S.C. 1602(c)) certified by the Secretary of the Interior as eligible for the special programs and services provided through the Bureau of Indian Affairs.

    Underserved, High-Need Youth refers to individuals who are at risk of educational failure or otherwise in need of special assistance and support. These individuals may include students described in section 3(29) (Special Populations) of Perkins IV, as well as students who are living in poverty, attend high-minority schools, are far below grade level, have left school before receiving a regular high school diploma, are at risk of not graduating with a diploma on time, are homeless, or have been incarcerated.

    What Works Clearinghouse Evidence Standards means the standards set forth in the What Works Clearinghouse Procedures and Standards Handbook (Version 3.0, March 2014), which can be found at the following URL address: http://ies.ed.gov/ncee/wwc/DocumentSum.aspx?sid=19.

    Waiver of Proposed Rulemaking: Under the Administrative Procedure Act, 5 U.S.C. 553, the Department generally offers interested parties the opportunity to comment on proposed priorities, definitions and other requirements. Section 437(d)(1) of the General Education Provisions Act (GEPA), however, allows the Secretary to exempt from rulemaking requirements regulations governing the first grant competition under a new or substantially revised program authority. This is the first grant competition for this program under section 114(c)(1) of Perkins IV (20 U.S.C. 2324(c)(1)) and therefore qualifies for this exemption. In order to ensure timely grant awards, the Secretary has decided to forgo public comment on the priority, definitions, and other requirements under section 437(d)(1) of GEPA. The priority, definitions, and other requirements will apply to the FY 2016 grant competition and any subsequent year in which we make awards from the list of unfunded applicants from this competition.

    Program Authority: 20 U.S.C. 2324.

    Applicable Regulations: (a) EDGAR in 34 CFR parts 75, 77, 81, 82, 84, 86, 97, 98, and 99. (b) The Office of Management and Budget Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 180, as adopted and amended as regulations of the Department in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200, as adopted and amended in 2 CFR part 3474.

    Note:

    The regulations in 34 CFR part 86 apply to institutions of higher education only.

    II. Award Information

    Type of Award: Discretionary grant (cooperative agreement).

    Estimated Available Funds: $2,000,000 to support technical assistance provided by an Intermediary to four Local CTE Sites during the Feasibility Analysis stage and three Local CTE Sites during the transaction structuring phase, if applicable.

    Estimated Range of Awards: $2,000,000.

    Estimated Average Size of Award: $2,000,000.

    Estimated Number of Awards: One.

    Note:

    The Department is not bound by any estimates in this notice.

    Project Period: 48 months. Applicants under this competition are required to provide detailed budget information for each of the years of this project and for the total grant.

    III. Eligibility Information

    1. Eligible Applicants: Eligible applicants are:

    (a) Nonprofit organizations as defined in 2 CFR 200.70;

    (b) Public or private institutions of higher education as defined in section 101 of the Higher Education Act of 1965;

    (c) States, Local Governments, and Tribal Governments;

    (d) Consortia of the above entities; or

    (e) Partnerships/consortia of the above entities and a for-profit organization.

    For-profit organizations may not serve as the applicant or Fiscal Agent for the grant.

    2. Cost Sharing or Matching: The program requires cost sharing or matching.

    IV. Application and Submission Information

    1. Address to Request Application Package: You can obtain an application package via the Internet or from the Education Publications Center (ED Pubs), or from the program office. To obtain a copy via the Internet, use the following address: www.ed.gov/fund/grant/apply/grantapps/index.html. To obtain a copy from ED Pubs, write, fax, or call the following: ED Pubs, U.S. Department of Education, P.O. Box 22207, Alexandria, VA 22304. Telephone, toll free: 1-877-433-7827. FAX: (703) 605-6794. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call, toll free: 1-877-576-7734.

    You can contact ED Pubs at its Web site, also: www.EDPubs.gov or at its email address: [email protected]

    If you request an application package from ED Pubs, be sure to identify this program or competition as follows: CFDA number 84.051.

    To obtain a copy from the program office, contact the persons listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice.

    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 person or team listed under Accessible Format in section VIII of this notice.

    2.a. Content and Form of Application Submission: Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition.

    Page Limit: The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit the application narrative to no more than 35 pages, using the following standards:

    • A “page” is 8.5″ x 11″, on one side only, with 1” margins at the top, bottom, and both sides.

    • Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs.

    • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch).

    • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial. An application submitted in any other font (including Times Roman or Arial Narrow) will not be accepted.

    The page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; the one-page abstract, or the resumes, bibliography, letters of support, or other appendices.

    Our reviewers will not read any pages of your application that exceed the page limit.

    2.b. Submission of Proprietary Information: Given the types of projects that may be proposed, your application may include business information that the applicant considers proprietary. The Department's regulations define “business information” in 34 CFR 5.11.

    Because we plan to make successful applications available to the public upon request, you may wish to request confidentiality of business information. Consistent with Executive Order 12600, please designate in your application any information that you feel is exempt from disclosure under Exemption 4 of the Freedom of Information Act. In the appropriate Appendix section of your application, under “Other Attachments Form,” please list the page number or numbers on which we can find this information. For additional information please see 34 CFR 5.11(c).

    3. Submission Dates and Times:

    Applications Available: July 26, 2016.

    Date of Pre-Application Meeting: August 2, 2016.

    Deadline for Transmittal of Applications: August 25, 2016.

    Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically, or in paper format by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to Other Submission Requirements in section IV of this notice.

    We do not consider an application that does not comply with the deadline requirements.

    Individuals with disabilities who need an accommodation or auxiliary aid in connection with the application process should contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice. If the Department provides an accommodation or auxiliary aid to an individual with a disability in connection with the application process, the individual's application remains subject to all other requirements and limitations in this notice.

    4. Intergovernmental Review: This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this program. However, under 34 CFR 79.8(a), we waive Intergovernmental Review in order to make an award by September 30, 2016.

    5. Funding Restrictions: We reference regulations outlining funding restrictions in the Applicable Regulations section of this notice.

    6. Data Universal Numbering System Number, Taxpayer Identification Number, and System for Award Management: To do business with the Department of Education, you must—

    a. Have a Data Universal Numbering System (DUNS) number and a Taxpayer Identification Number (TIN);

    b. Register both your DUNS number and TIN with the System for Award Management (SAM) (formerly the Central Contractor Registry (CCR)),the Government's primary registrant database;

    c. Provide your DUNS number and TIN on your application; and

    d. Maintain an active SAM registration with current information while your application is under review by the Department and, if you are awarded a grant, during the project period.

    You can obtain a DUNS number from Dun and Bradstreet at the following Web site: http://fedgov.dnb.com/webform. A DUNS number can be created within one to two business days.

    If you are a corporate entity, agency, institution, or organization, you can obtain a TIN from the Internal Revenue Service. If you are an individual, you can obtain a TIN from the Internal Revenue Service or the Social Security Administration. If you need a new TIN, please allow two to five weeks for your TIN to become active.

    The SAM registration process can take approximately seven business days, but may take upwards of several weeks, depending on the completeness and accuracy of the data entered into the SAM database by an entity. Thus, if you think you might want to apply for Federal financial assistance under a program administered by the Department, please allow sufficient time to obtain and register your DUNS number and TIN. We strongly recommend that you register early.

    Note:

    Once your SAM registration is active, you will need to allow 24 to 48 hours for the information to be available in Grants.gov and before you can submit an application through Grants.gov.

    If you are currently registered with SAM, you may not need to make any changes. However, please make certain that the TIN associated with your DUNS number is correct. Also note that you will need to update your registration annually. This may take three or more business days.

    Information about SAM is available at www.SAM.gov. To further assist you with obtaining and registering your DUNS number and TIN in SAM or updating your existing SAM account, we have prepared a SAM.gov Tip Sheet, which you can find at: www2.ed.gov/fund/grant/apply/sam-faqs.html.

    In addition, if you are submitting your application via Grants.gov, you must (1) be designated by your organization as an Authorized Organization Representative (AOR); and (2) register yourself with Grants.gov as an AOR. Details on these steps are outlined at the following Grants.gov Web page: www.grants.gov/web/grants/register.html.

    7. Other Submission Requirements: Applications for grants under this program must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section.

    a. Electronic Submission of Applications.

    Applications for grants under the Providing High-Quality Career and Technical Education Programs for Underserved, High-Need Youth through a Pay For Success Model, CFDA number 84.051, must be submitted electronically using the Governmentwide Grants.gov Apply site at www.Grants.gov. Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not email an electronic copy of a grant application to us.

    We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under Exception to Electronic Submission Requirement.

    You may access the electronic grant application for the Providing High-Quality Career and Technical Education Programs for Underserved, High-Need Youth through a Pay For Success Model at www.Grants.gov. You must search for the downloadable application package for this program by the CFDA number 84.051.

    Please note the following:

    • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation.

    • Applications received by Grants.gov are date and time stamped. Your application must be fully uploaded and submitted and must be date and time stamped by the Grants.gov system no later than 4:30:00 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not accept your application if it is received—that is, date and time stamped by the Grants.gov system—after 4:30:00 p.m., Washington, DC time, on the application deadline date. We do not consider an application that does not comply with the deadline requirements. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date and time stamped by the Grants.gov system after 4:30:00 p.m., Washington, DC time, on the application deadline date.

    • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov.

    • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov under News and Events on the Department's G5 system home page at www.G5.gov. In addition, for specific guidance and procedures for submitting an application through Grants.gov, please refer to the Grants.gov Web site at: www.grants.gov/web/grants/applicants/apply-for-grants.html.

    • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format.

    • You must submit all documents electronically, including all information you typically provide on the following forms: the Application for Federal Assistance (SF 424), the Department of Education Supplemental Information for SF 424, Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications.

    • You must upload any narrative sections and all other attachments to your application as files in a read-only, non-modifiable Portable Document Format (PDF). Do not upload an interactive or fillable PDF file. If you upload a file type other than a read-only, non-modifiable PDF (e.g., Word, Excel, WordPerfect, etc.) or submit a password-protected file, we will not review that material. Please note that this could result in your application not being considered for funding because the material in question—for example, the project narrative—is critical to a meaningful review of your proposal. For that reason it is important to allow yourself adequate time to upload all material as PDF files. The Department will not convert material from other formats to PDF.

    • Your electronic application must comply with any page-limit requirements described in this notice.

    • Prior to submitting your electronic application, you may wish to print a copy of it for your records.

    After you electronically submit your application, you will receive from Grants.gov an automatic notification of receipt that contains a Grants.gov tracking number. This notification indicates receipt by Grants.gov only, not receipt by the Department. Grants.gov will also notify you automatically by email if your application met all the Grants.gov validation requirements or if there were any errors (such as submission of your application by someone other than a registered Authorized Organization Representative, or inclusion of an attachment with a file name that contains special characters). You will be given an opportunity to correct any errors and resubmit, but you must still meet the deadline for submission of applications.

    Once your application is successfully validated by Grants.gov, the Department will retrieve your application from Grants.gov and send you an email with a unique PR/Award number for your application.

    These emails do not mean that your application is without any disqualifying errors. While your application may have been successfully validated by Grants.gov, it must also meet the Department's application requirements as specified in this notice and in the application instructions. Disqualifying errors could include, for instance, failure to upload attachments in a read-only, non-modifiable PDF; failure to submit a required part of the application; or failure to meet applicant eligibility requirements. It is your responsibility to ensure that your submitted application has met all of the Department's requirements.

    • We may request that you provide us original signatures on forms at a later date.

    Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System: If you are experiencing problems submitting your application through Grants.gov, please contact the Grants.gov Support Desk, toll free, at 1-800-518-4726. You must obtain a Grants.gov Support Desk Case Number and must keep a record of it.

    If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30:00 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically or by hand delivery. You also may mail your application by following the mailing instructions described elsewhere in this notice.

    If you submit an application after 4:30:00 p.m., Washington, DC time, on the application deadline date, please contact the person listed under FOR FURTHER INFORMATION CONTACT in section VII of this notice and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number. We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30:00 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted.

    Note:

    The extensions to which we refer in this section apply only to the unavailability of, or technical problems with, the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the application deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system.

    Exception to Electronic Submission Requirement: You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because—

    • You do not have access to the Internet; or

    • You do not have the capacity to upload large documents to the Grants.gov system; and

    • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written Statement to the Department, explaining which of the two grounds for an exception prevents you from using the Internet to submit your application.

    If you mail your written Statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written Statement to the Department, we must receive the faxed Statement no later than two weeks before the application deadline date.

    Address and mail or fax your Statement to: Len Lintner, U.S. Department of Education, 400 Maryland Avenue SW., PCP, Room 11090, Washington, DC 20202-7241. FAX: (202) 245-7170.

    Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice.

    b. Submission of Paper Applications by Mail.

    If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.051) LBJ Basement Level 1, 400 Maryland Avenue SW., Washington, DC 20202-4260.

    You must show proof of mailing consisting of one of the following:

    (1) A legibly dated U.S. Postal Service postmark.

    (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    (3) A dated shipping label, invoice, or receipt from a commercial carrier.

    (4) Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education.

    If you mail your application 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 If your application is postmarked after the application deadline date, we will not consider your application.

    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.

    c. Submission of Paper Applications by Hand Delivery.

    If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.051)) 550 12th Street SW., Room 7039 Potomac Center Plaza, Washington, DC 20202-4260.

    The Application Control Center accepts hand deliveries daily between 8:00 a.m. and 4:30:00 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications:

    If you mail or hand deliver your application to the Department—

    (1) You must indicate on the envelope and—if not provided by the Department—in Item 11 of the SF 424 the CFDA number, including suffix letter, if any, of the competition under which you are submitting your application; and

    (2) The Application Control Center will mail to you a notification of receipt of your grant application. If you do not receive this notification within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at (202) 245-6288.

    V. Application Review Information

    1. Selection Criteria: The maximum score for all the selection criteria is 160 points. In addressing the criteria, applicants are encouraged to make explicit connections to the absolute priority and the program requirements and application requirements listed elsewhere in this notice. The selection criteria are as follows:

    (a) Need for project. (Up to a total of 20 points) The Secretary considers the need for the proposed project. In determining the need, the Secretary considers—

    (1) The magnitude of the need for the services to be provided or the activities to be carried out by the Intermediary to ensure Underserved, High-Need Youth are served by the Local CTE Sites (up to 10 points); and

    (2) The likelihood that the proposed project will result in system change or improvement (up to 10 points);

    (b) Quality of the Proposed Local CTE Site Selection Process. (Up to a total of 30 points) The Secretary considers the quality of the selection process for Local CTE Sites that will receive technical assistance from the Intermediary. In determining the quality of the selection process, the Secretary considers:

    (1) The extent to which the selection process is open and fair (up to 5 points);

    (2) The extent to which the applicant clearly defines the goals and objectives of the competition and the subsequent delivery of services (up to 5 points);

    (3) The extent to which the selection criteria for the competition is expected to result in Local CTE Sites from a mix of geographic locations—urban, suburban, and rural (up to 5 points);

    (4) The extent to which the selection criteria for the competition is expected to enhance the likelihood that the Local CTE Sites will proceed from Feasibility Study to transaction structuring (up to 5 points); and

    (5) The extent to which the selection criteria for the competition identifies and prioritizes addressing specific gaps or weaknesses in CTE services, infrastructure, or opportunities that have been identified and will be addressed by the proposed project, including the nature and magnitude of those gaps or weaknesses (up to 10 points).

    (c) Quality of the Proposed Work Plan for Feasibility Study and Transaction Structuring. (Up to a total of 30 points) The Secretary considers the quality of the work plan for the proposed project. In determining the quality of the work plan for the proposed project, the Secretary considers—

    (1) The adequacy of the work plan to achieve the purposes of the proposed project on time and within budget, including clearly defined responsibilities, timelines, and milestones for accomplishing project tasks (up to 15 points); and

    (2) The extent to which the time commitments of the project director and other key project personnel are appropriate and adequate to meet the objectives of the proposed project (up to 15 points).

    (d) Adequacy of Resources. (Up to 10 points) The Secretary considers the adequacy of resources for the proposed project. In determining the adequacy of resources for the proposed project, the Secretary considers the extent to which the costs are reasonable in relation to the objectives, design, and potential significance for the proposed project including resources committed to the Feasibility Study and transaction structuring phases, and all project deliverables;

    (e) Organization Capacity and Experience. (up to a total of 70 points) The Secretary considers the organizational capacity and experience of the applicant. In determining the organizational capacity and experience of the applicant, the Secretary considers:

    (1) The extent to which the applicant demonstrates recent and ongoing experience in performing the same or similar PFS activities as those required in this competition (the applicant may provide brief examples of PFS technical assistance or negotiations facilitated by the applicant) (up to 10 points);

    (2) The extent to which the applicant can demonstrate its technical ability carrying out prior Feasibility Studies and transaction structuring activities (up to 5 points);

    (3) The extent to which the applicant demonstrates experience in holding Open and Fair Competitions to select local sites for technical assistance (up to 5 points);

    (4) The extent to which the applicant demonstrates experience in choosing local sites for a Feasibility Study that have subsequently progressed to transaction structuring (up to 5 points);

    (5) The extent to which the applicant demonstrates its experience with coordinating and managing PFS contracts, Financial Modeling and estimation of return on investment and Cost-Benefit Analysis, marketing PFS contracts to potential Investors, raising capital, and developing contracts and related supplementary documentation (up to 5 points);

    (6) The extent to which the applicant has experience with selecting, coordinating, and managing a third-party evaluator of a PFS project, including coordinating between an evaluator and other project stakeholders to ensure that the evaluation and service delivery designs are compatible (up to 5 points);

    (7) The extent to which the applicant has knowledge about CTE programs, and experience in providing technical assistance on effective CTE programs (up to 5 points);

    (8) The extent to which the applicant presents a qualified roster of staff members, including management staff, board members, and partners that have demonstrated experience, capacity and a track record to effectively implement the proposed project, including at least one staff member with experience in developing and implementing evidence-based CTE programs (up to 5 points);

    (9) The extent to which the applicant describes the roles and responsibilities of each team member, ensuring all key facets of the project have clear owners with appropriate experience (up to 5 points);

    (10) The extent to which the applicant identifies the proposed project lead(s) and demonstrates their expertise, based on past experience in PFS or similar social financing projects (up to 5 points); and

    (11) The extent to which the applicant has experience with financial and project management (up to 5 points).

    (13) The extent to which the applicant has experience evaluating evidence and selecting evidence-based strategies (up to 5 points).

    (14) The extent to which the applicant has experience providing TA for carrying out quality data collection/matching and developing relevant, high-quality metrics for success (up to 5 points).

    2. Review and Selection Process: We remind potential applicants that in reviewing applications in any discretionary grant competition, the Secretary may consider, under 34 CFR 75.217(d)(3), the past performance of the applicant in carrying out a previous award, such as the applicant's use of funds, achievement of project objectives, and compliance with grant conditions. The Secretary may also consider whether the applicant failed to submit a timely performance report or submitted a report of unacceptable quality.

    In addition, in making a competitive grant award, the Secretary also requires various assurances including those applicable to Federal civil rights laws that prohibit discrimination in programs or activities receiving Federal financial assistance from the Department of Education (34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

    3. Risk Assessment and Special Conditions: Consistent with 2 CFR 200.205, before awarding grants under this competition the Department conducts a review of the risks posed by applicants. Under 2 CFR 3474.10, the Secretary may impose special conditions and, in appropriate circumstances, high-risk conditions on a grant if the applicant or Grantee is not financially stable; has a history of unsatisfactory performance; has a financial or other management system that does not meet the standards in 2 CFR part 200, subpart D; has not fulfilled the conditions of a prior grant; or is otherwise not responsible.

    VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN); or we may send you an email containing a link to access an electronic version of your GAN. We may notify you informally, also.

    If your application is not evaluated or not selected for funding, we notify you.

    2. Administrative and National Policy Requirements: We identify administrative and national policy requirements in the application package and reference these and other requirements in the Applicable Regulations section of this notice.

    We reference the regulations outlining the terms and conditions of an award in the Applicable Regulations section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant.

    3. Reporting: (a) If you apply for a grant under this competition, you must ensure that you have in place the necessary processes and systems to comply with the reporting requirements in 2 CFR part 170 should you receive funding under the competition. This does not apply if you have an exception under 2 CFR 170.110(b).

    (b) At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as directed by the Secretary under 34 CFR 75.118. The Secretary may also require more frequent performance reports under 34 CFR 75.720(c). For specific requirements on reporting, please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.

    (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee with additional funding for data collection analysis and reporting. In this case the Secretary establishes a data collection period.

    4. Performance Measures: The Department has established the following Government Performance and Results Act of 1993 (GPRA) performance for the CTE PFS Project. Under GPRA, Federal departments and agencies must clearly describe the goals and objectives of their programs, identify resources and actions needed to accomplish these goals and objectives, develop a means of measuring progress made, and regularly report on their achievement. One important source of program information is the annual project evaluation conducted under individual grants. To determine the overall effectiveness of projects funded under this competition, the Grantee must be prepared to measure and report on the following measures of effectiveness:

    (a) The number and percentage of Local CTE Sites that have a complete Feasibility Study within 24 months of the project period.

    (b) The number and percentage of Feasibility Studies that conclude that CTE PFS approaches are viable or that identify feasible alternatives if PFS is not viable.

    (c) The number and percentage of successfully completed structured transactions within the project period that are ready to move to project implementation.

    These measures constitute the Department's indicators of success for this program. Consequently, we advise an applicant for a grant under this program to give careful consideration to these measures in conceptualizing the approach and evaluation for its proposed project. The Grantee will be required to provide, in its annual performance and final reports, data about its progress in meeting these measures.

    VII. Agency Contact FOR FURTHER INFORMATION CONTACT:

    Len Lintner, U.S. Department of Education, 400 Maryland Avenue SW., Room PCP-11090, Washington, DC 20202. Telephone: (202) 245-7741 or by email: [email protected]

    If you use a TDD or TTY, call the FRS, toll free, at 1-800-877-8339.

    VIII. Other Information

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

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

    Johan E. Uvin, Deputy Assistant Secretary Delegated the Duties of the Assistant Secretary for Career, Technical, and Adult Education.
    [FR Doc. 2016-17657 Filed 7-25-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF EDUCATION [Docket No. ED-2016-ICCD-0086] Agency Information Collection Activities; Comment Request; Middle Grades Longitudinal Study of 2017-18 (MGLS:2017) Operational Field Test (OFT) and Recruitment for Main Study Base-year AGENCY:

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

    ACTION:

    Notice.

    SUMMARY:

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

    DATES:

    Interested persons are invited to submit comments on or before September 26, 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-0086. 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-347, Washington, DC 20202-4537.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact NCES Information Collections at [email protected]

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: Middle Grades Longitudinal Study of 2017-18 (MGLS: 2017) Operational Field Test (OFT) and Recruitment for Main Study Base-year.

    OMB Control Number: 1850-0911.

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

    Respondents/Affected Public: Individuals or Households.

    Total Estimated Number of Annual Responses: 33,374.

    Total Estimated Number of Annual Burden Hours: 14,235.

    Abstract: The Middle Grades Longitudinal Study of 2017-18 (MGLS:2017) is the first study conducted by the National Center for Education Statistics (NCES) to follow a nationally-representative sample of students as they enter and move through the middle grades (grades 6-8). The data collected through repeated measures of key constructs will provide a rich descriptive picture of the academic experiences and development of students during these critical years and will allow researchers to examine associations between contextual factors and student outcomes. The study will focus on student achievement in mathematics and literacy along with measures of student socioemotional wellbeing and other outcomes. The study will also include a special sample of students with different types of disabilities that will provide descriptive information on their outcomes, educational experiences, and special education services. Main Study Base-year data for the MGLS:2017 will be collected from a nationally-representative sample of 6th grade students beginning in January 2018, with annual follow-ups beginning in January 2019 and in January 2020 when most of the students in the sample will be in grades 7 and 8, respectively. In preparation for the national data collection, referred to as the Main Study, the data collection instruments and procedures must be field tested. This request is to conduct three components of the study: (1) The MGLS:2017 Operational Field Test (OFT) data collection from January to June 2017; (2) the recruitment of schools for the Main Study Base-year beginning in January 2017; and (3) the tracking of OFT students and associated recruitment of schools beginning in summer 2017 in preparation for the first follow-up OFT data collection. An Item Validation Field Test (IVFT) was conducted in the winter/spring of 2016 to determine the psychometric properties of assessment and survey items and the predictive potential of items so that valid, reliable, and useful assessment and survey instruments can be composed for the Main Study. The primary purpose of the OFT is to: Obtain information on recruiting, particularly for students in three focal IDEA-defined disability groups; obtain a tracking sample that can be used to study mobility patterns in subsequent years; and test protocols and administrative procedures. The OFT will inform the materials and procedures for the main study base year and follow-up data collections. Because the OFT recruitment will still be ongoing at the time this request is approved, the burden and materials from the MGLS:2017 Recruitment for the 2017 OFT request (OMB# 1850-0911 v. 6,9,10) are being carried over in this submission.

    Dated: July 20, 2016. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2016-17517 Filed 7-25-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER16-1649-000] California Independent System Operator Corporation; Notice Rescheduling Technical Conference July 18, 2016.

    The technical conference originally scheduled for September 30, 2016, in the above-referenced proceeding, is hereby rescheduled to convene on September 16, 2016, at 10:00 a.m. (Eastern Time). It will occur at the Commission's offices at 888 First Street, NE., Washington, DC 20426.1

    1 See the Notice of Technical Conference issued on July 14, 2016, for additional details regarding this conference.

    Dated: July 18, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-17519 Filed 7-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER16-2169-000] Algonquin SKIC 20 Solar, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of Algonquin SKIC 20 Solar, LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is August 8, 2016.

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

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

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

    Dated: July 18, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-17530 Filed 7-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP16-1088-000.

    Applicants: Trailblazer Pipeline Company LLC.

    Description: Report Filing: Supplemental Filing to RP16-1088.

    Filed Date: 7/14/16.

    Accession Number: 20160714-5000.

    Comments Due: 5 p.m. ET 7/26/16.

    Docket Numbers: RP16-1090-000.

    Applicants: Columbia Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Negotiated Rate Agmt—EQT to be effective 7/8/2016.

    Filed Date: 7/13/16.

    Accession Number: 20160713-5106.

    Comments Due: 5 p.m. ET 7/25/16.

    Docket Numbers: RP16-1091-000.

    Applicants: Transcontinental Gas Pipe Line Company.

    Description: § 4(d) Rate Filing: S-2 Tracker Effective 8-1-2016 to be effective 8/1/2016.

    Filed Date: 7/14/16.

    Accession Number: 20160714-5023.

    Comments Due: 5 p.m. ET 7/26/16.

    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.

    Filings in Existing Proceedings

    Docket Numbers: RP16-979-001.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: Compliance filing AGT Cleanup RP16-979 Compliance Filing to be effective 7/1/2016.

    Filed Date: 7/12/16.

    Accession Number: 20160712-5048.

    Comments Due: 5 p.m. ET 7/25/16.

    Any person desiring to protest in any of the above proceedings must file in accordance with Rule 211 of the Commission's Regulations (18 CFR 385.211) on or before 5:00 p.m. Eastern time on the specified comment date.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: July 14, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-17528 Filed 7-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER16-2194-000] Clinton Battery Utility, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of Clinton Battery Utility, LLC`s application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is August 8, 2016.

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

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

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

    Dated: July 19, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-17531 Filed 7-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL16-102-000] Citizens Energy Corporation; Notice of Petition for Declaratory Order

    Take notice that on July 18, 2016, pursuant to rule 207 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure,1 section 219 of the Federal Power Act,2 and Order No. 679,3 Citizens Energy Corporation (Citizens or Petitioner), on behalf of itself and its wholly owned subsidiary Citizens Power Connect, LLC, filed a petition for a declaratory order requesting the Commission authorize two rate treatments in connection with a new high voltage transmission project that Citizens is partnering with Pacific Gas and Electric and MidAmerican Central California Transco, LLC., to develop and finance, all as more fully explained in the petition.

    1 18 CFR 385.207.

    2 16 U.S.C. 791a—828c, 824s.

    3Promoting Transmission Investment through Pricing Reform, Order No. 679, 116 FERC 61,057, order on reh'g, 117 FERC 61,345 (2006), order on reh'g, 119 FERC 61,062 (2007) (Order No. 679).

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

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern time on August 17, 2016.

    Dated: July 19, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-17523 Filed 7-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13212-005] Kenai Hydro, LLC; Notice of Application Accepted for Filing and Soliciting 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 for Original License for Major Project — Unconstructed.

    b. Project No.: P-13212-005.

    c. Date filed: April 18, 2016.

    d. Applicant: Kenia Hydro, LLC.

    e. Name of Project: Grant Lake Hydroelectric Project.

    f. Location: On Grant Creek, near the Town of Moose Pass, Kenai Peninsula Borough, Alaska. The proposed project would occupy 1,741.3 acres of federal land within the Chugach National Forest managed by the U.S. Forest Service.

    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791 (a)-825(r).

    h. Applicant Contact: Mikel Salzetti, Manager of Fuel Supply & Renewable Energy Development, 280 Airport Way, Kenai, AK 99611. (907) 283-2375.

    i. FERC Contact: Kenneth Hogan, (202) 502-8434; [email protected].

    j. Deadline for filing motions to intervene and protests and requests for cooperating agency status: 60 days from the issuance date of this notice.

    The Commission strongly encourages electronic filing. Please file filing motions to intervene and protests and requests for cooperating agency status using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. 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-13212-005.

    The Commission's Rules of Practice and Procedures require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.

    k. This application has been accepted for filing, but is not ready for environmental analysis at this time.

    l. The proposed Grant Lake Hydroelectric Project would consist of: (1) An intake structure within Grant Lake; (2) a 3,300-foot-long water conveyance; (3) a 72-inch-diameter, 150-feet-long, welded steel penstock; (4) a power house containing two 2.5 megawatt Francis turbine/generator units; (5) a 95-foot-long open channel tailrace; (6) a 3.6-acre tailrace detention pond; (6) a 1.1-mile-long, 115-kilovolt transmission line; and (7) appurtenant facilities. The project is estimated to generate an average of 18,600 megawatt hours (MWh) annually.

    m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support. A copy is also available for inspection and reproduction at the address in item h above.

    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, contact FERC Online Support.

    n. Any qualified applicant desiring to file a competing application must submit to the Commission, on or before the specified intervention deadline date, a competing development application, or a notice of intent to file such an application. Submission of a timely notice of intent allows an interested person to file the competing development application no later than 120 days after the specified intervention deadline date. Applications for preliminary permits will not be accepted in response to this notice.

    A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit a development application. A notice of intent must be served on the applicant(s) named in this public notice.

    Anyone may submit a protest or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In determining the appropriate action to take, the Commission will consider all protests 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 protests or motions to intervene must be received on or before the specified deadline date for the particular application.

    When the application is ready for environmental analysis, the Commission will issue a public notice requesting comments, recommendations, terms and conditions, or prescriptions.

    All filings must (1) bear in all capital letters the title “PROTEST” or “MOTION TO INTERVENE,” “NOTICE OF INTENT TO FILE COMPETING APPLICATION,” or “COMPETING APPLICATION;” (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. 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.

    Dated: July 19, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-17521 Filed 7-25-16; 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 exempt wholesale generator filings:

    Docket Numbers: EG16-128-000.

    Applicants: Solverde 1, LLC.

    Description: Solverde 1 Notice of Self-Certification of Exempt Wholesale Generator Status.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5247.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: EG16-129-000.

    Applicants: Antelope DSR 1, LLC.

    Description: Antelope DSR 1 Notice of Self-Certification of Exempt Wholesale Generator Status.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5248.

    Comments Due: 5 p.m. ET 8/5/16.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER15-2239-004.

    Applicants: NextEra Energy Transmission West, LLC.

    Description: Compliance filing: NextEra Energy Transmission West, LLC Compliance Filing to be effective 10/20/2015.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5133.

    Comments Due: 5 p.m. ET 8/8/16.

    Docket Numbers: ER16-2194-000.

    Applicants: Clinton Battery Utility, LLC.

    Description: Baseline eTariff Filing: Clinton Battery Utility, LLC MBR Application to be effective 8/15/2016.

    Filed Date: 7/14/16.

    Accession Number: 20160714-5175.

    Comments Due: 5 p.m. ET 8/4/16.

    Docket Numbers: ER16-2224-000.

    Applicants: Solverde 1, LLC.

    Description: Baseline eTariff Filing: Solverde 1, LLC MBR Tariff to be effective 7/19/2016.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5074.

    Comments Due: 5 p.m. ET 8/8/16.

    Docket Numbers: ER16-2225-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Compliance filing: 2016-07-18 RSG Rhg Compliance Filing to be effective 4/1/2011.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5093.

    Comments Due: 5 p.m. ET 8/8/16.

    Docket Numbers: ER16-2226-000.

    Applicants: McHenry Battery Storage, LLC.

    Description: Baseline eTariff Filing: McHenry Battery Storage Initial Baseline MBR Application & Notice Waiver Request to be effective 7/19/2016.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5097.

    Comments Due: 5 p.m. ET 8/8/16.

    Docket Numbers: ER16-2227-000.

    Applicants: Kelly Creek Wind, LLC.

    Description: Baseline eTariff Filing: Kelly Creek Wind Initial Baseline MBR Application Filing to be effective 9/17/2016.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5132.

    Comments Due: 5 p.m. ET 8/8/16.

    Docket Numbers: ER16-2228-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Cancellation: Notice of Cancellation of WMPA SA No. 3354, Queue No. X2-054 to be effective 9/13/2016.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5140.

    Comments Due: 5 p.m. ET 8/8/16.

    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: July 18, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-17526 Filed 7-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 9842-006] Mr. Ray F. Ward; Notice Of Availability Of Draft Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969 and the Federal Energy Regulatory Commission's (Commission) regulations, 18 CFR part 380 (Order No. 486, 52 FR 47879), the Office of Energy Projects has reviewed the application for a new license for the Ward Mill Hydroelectric Project, located on the Watauga River near Boone, Watauga County, North Carolina, and has prepared a draft Environmental Assessment (draft EA) for the project. The project would not occupy federal land.

    In the draft EA, Commission staff analyze the potential environmental effects of relicensing the project and conclude that continued project operation under a new license, with appropriate measures, would not constitute a major federal action significantly affecting the quality of the human environment.

    A copy of the draft EA is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at 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 Online Support at [email protected] or toll-free number at 1-866-208-3676, or for TTY, 202-502-8659.

    You may also register online at 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, contact FERC Online Support.

    For further information, please contact Adam Peer by telephone at (202) 502-8449 or by email at [email protected]

    Dated: July 18, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-17520 Filed 7-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. Cp16-478-000] Gulf South Pipeline Company, LP; Notice of Application

    Take notice that on July 11, 2016, Gulf South Pipeline Company, LP (Gulf South), 9 Greenway Plaza, Suite 2800, Houston, Texas 77046, filed an application pursuant to section 7(c) of the Natural Gas Act (NGA) requesting authorization to construct and operate its St. Charles Parish Expansion Project to provide 133,333 dekatherms per day to serve Entergy Louisiana, LLC. Specifically, Gulf South proposes to construct: (i) A new 5,000 horsepower compressor station near Montz, Louisiana (Montz Compressor Station); and (ii) approximately 900 ft of new 16-inch-diameter pipeline, all facilities located in St. Charles and St. John the Baptist Parishes, Louisiana. Gulf South estimates the cost of the St. Charles Parish Expansion Project to be $29,721,360, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site 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 regarding this application may be directed to J. Kyle Stephens, Vice President of Regulatory Affairs, Gulf South Pipeline Company, LP, 9 Greenway Plaza, Suite 2800, Houston, Texas 77046, by telephone at (713) 479-8252, by facsimile at (713) 479-1745 or by email to [email protected]

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice, the Commission staff will either: complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

    There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit five copies of filings made in the proceeding with the Commission and must mail a copy to the applicant and to every other party. 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 five 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 August 8, 2016.

    Dated: July 18, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-17522 Filed 7-25-16; 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 rate filings:

    Docket Numbers: ER10-1257-006; ER10-1258-006; ER11-3117-002.

    Applicants: Wabash Valley Power Association, Inc., Wabash Valley Energy Marketing, Inc., Lively Grove Energy Partners, LLC.

    Description: Notice of Change of Status of Wabash Valley Power Association, et al.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5219.

    Comments Due: 5 p.m. ET 8/8/16.

    Docket Numbers: ER10-2575-008.

    Applicants: Watson Cogeneration Company.

    Description: Updated Market Power Analysis of Watson Cogeneration Company.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5197.

    Comments Due: 5 p.m. ET 9/16/16.

    Docket Numbers: ER16-328-002; ER12-952-003; ER13-1141-002; ER13-1142-002; ER13-1143-003; ER13-1144-003; ER11-4027-007; ER10-2196-002; ER11-4028-007; ER12-1275-002; ER16-918-001; ER15-1657-003.

    Applicants: Cogentrix Virginia Financing Holding Company, LLC, Essential Power, LLC, Essential Power Massachusetts, LLC, Essential Power Newington, LLC, Essential Power OPP, LLC, Essential Power Rock Springs, LLC, James River Genco, LLC, Lakewood Cogeneration, L.P., Portsmouth Genco, LLC, Red Oak Power, LLC, Rhode Island State Energy Center, LP, SEPG Energy Marketing Services, LLC.

    Description: Notice of Non-Material Change in Status of Cogentrix Virginia Financing Holding Company, LLC, et al.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5201.

    Comments Due: 5 p.m. ET 8/8/16.

    Docket Numbers: ER16-1483-001.

    Applicants: California Independent System Operator Corporation.

    Description: Tariff Amendment: 2016-07-18 Frequency Response Deficiency Letter Response to be effective 8/15/2016.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5169.

    Comments Due: 5 p.m. ET 8/8/16.

    Docket Numbers: ER16-1791-001.

    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Amendment: Amendment to 5/26/16 Filing of Revisions to MISO/PJM JOA re CMP-ICP Baseline to be effective 7/25/2016.

    Filed Date: 7/19/16.

    Accession Number: 20160719-5029.

    Comments Due: 5 p.m. ET 8/9/16.

    Docket Numbers: ER16-2229-000.

    Applicants: NorthWestern Corporation.

    Description: § 205(d) Rate Filing: SA 642 3rd Rev—NITSA with General Mills Operations, LLC to be effective 9/1/2016.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5160.

    Comments Due: 5 p.m. ET 8/8/16.

    Docket Numbers: ER16-2230-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Amendment to ISA No. 3388 and ICSA No. 3409 Queue Position #T107, X3-004 & Y2-01 to be effective 11/20/2012.

    Filed Date: 7/19/16.

    Accession Number: 20160719-5023.

    Comments Due: 5 p.m. ET 8/9/16.

    Docket Numbers: ER16-2231-000.

    Applicants: NorthWestern Corporation.

    Description: § 205(d) Rate Filing: Revisions to Market-Based Rate Tariff to be effective 9/18/2016.

    Filed Date: 7/19/16.

    Accession Number: 20160719-5024.

    Comments Due: 5 p.m. ET 8/9/16.

    Docket Numbers: ER16-2232-000.

    Applicants: Public Service Company of Colorado.

    Description: § 205(d) Rate Filing: 20160719_Production Wind Credit to be effective 9/16/2016.

    Filed Date: 7/19/16.

    Accession Number: 20160719-5027.

    Comments Due: 5 p.m. ET 8/9/16.

    Docket Numbers: ER16-2233-000.

    Applicants: Arizona Public Service Company.

    Description: Tariff Cancellation: Partial Cancellation of Rate Schedule No. 32, Service Schedule E to be effective 9/18/2016.

    Filed Date: 7/19/16.

    Accession Number: 20160719-5051.

    Comments Due: 5 p.m. ET 8/9/16.

    Docket Numbers: ER16-2234-000.

    Applicants: EF Kenilworth LLC.

    Description: Baseline eTariff Filing: Application for Market Based Rate to be effective 7/20/2016.

    Filed Date: 7/19/16.

    Accession Number: 20160719-5055.

    Comments Due: 5 p.m. ET 8/9/16.

    Docket Numbers: ER16-2235-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2016-07-19_SA 2930 ITCTransmission-Sugar Creek Solar GIA (J419) to be effective 7/20/2016.

    Filed Date: 7/19/16.

    Accession Number: 20160719-5078.

    Comments Due: 5 p.m. ET 8/9/16.

    Docket Numbers: ER16-2236-000.

    Applicants: Wolverine Power Supply Cooperative, Inc.

    Description: § 205(d) Rate Filing: FERC Rate Schedule No. 24, Van Tyle IFA, 1.0.0 to be effective 5/5/2016.

    Filed Date: 7/19/16.

    Accession Number: 20160719-5095.

    Comments Due: 5 p.m. ET 8/9/16.

    Docket Numbers: ER16-2237-000.

    Applicants: Wabash Valley Power Association, Inc.

    Description: § 205(d) Rate Filing: Amendments to Rate Schedules to be effective 9/19/2016.

    Filed Date: 7/19/16.

    Accession Number: 20160719-5103.

    Comments Due: 5 p.m. ET 8/9/16.

    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: July 19, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-17527 Filed 7-25-16; 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: EC16-152-000.

    Applicants: Little Elk Wind Project, LLC.

    Description: Application for Authorization Under Section 203 of the Federal Power Act, Request for Expedited Consideration and Confidential Treatment of Little Elk Wind Project, LLC.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5065.

    Comments Due: 5 p.m. ET 8/8/16.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-2432-010.

    Applicants: Bayonne Plant Holding, L.L.C.

    Description: Compliance filing: Bayonne Plant Holding, L.L.C. Informational Filing in ER10-2432 to be effective 10/1/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5080.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER10-2435-010.

    Applicants: Camden Plant Holding, L.L.C.

    Description: Compliance filing: Camden Plant Holding, L.L.C. Informational Filing in ER10-2435 to be effective 10/1/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5081.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER10-2442-010.

    Applicants: Elmwood Park Power, LLC.

    Description: Compliance filing: Elmwood Park Power, LLC Informational Filing in ER10-2442 to be effective 10/1/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5082.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER10-2444-010.

    Applicants: Newark Bay Cogeneration Partnership, L.P.

    Description: Compliance filing: Newark Bay Cogeneration Partnership, L.P. Informational Filing in ER10-2444 to be effective 10/1/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5092.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER10-2449-008.

    Applicants: York Generation Company LLC.

    Description: Compliance filing: York Generation Company LLC Informational Filing in ER10-2449 to be effective 10/1/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5104.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER10-2633-026; ER10-2570-026; ER10-2717-026; ER10-3140-026; ER13-55-016.

    Applicants: Birchwood Power Partners, L.P., Shady Hills Power Company, L.L.C., EFS Parlin Holdings, LLC, Inland Empire Energy Center, LLC, Homer City Generation, L.P.

    Description: Notice of Non-Material Change in Status of the GE Companies, et al.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5227.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER10-3272-002.

    Applicants: Lower Mount Bethel Energy, LLC.

    Description: Compliance filing: Lower Mount Bethel Energy, LLC Informational Filing in ER10-3272 to be effective 10/1/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5085.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER15-1029-002.

    Applicants: Chubu TT Energy Management Inc.

    Description: Notice of Change in Status of Chubu TT Energy Management Inc.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5242.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-277-004.

    Applicants: Talen Energy Marketing, LLC.

    Description: Compliance filing: Talen Energy Marketing Informational Filing in ER16-277 to be effective 10/1/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5095.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-1456-001.

    Applicants: Talen Energy Marketing, LLC.

    Description: Compliance filing: Talen Energy Marketing Informational Filing in ER16-1456 to be effective 10/1/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5097.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-1462-002.

    Applicants: Palmco Power DE LLC.

    Description: Tariff Amendment: Palmco Power DE FERC Electric Tariff to be effective 5/19/2016.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5056; 20160718-5086.

    Comments Due: 5 p.m. ET 8/8/16.

    Docket Numbers: ER16-1464-002.

    Applicants: Palmco Power ME, LLC.

    Description: Tariff Amendment: Palmco Power ME FERC Electric Tariff to be effective 5/20/2016.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5042; 20160718-5083.

    Comments Due: 5 p.m. ET 8/8/16.

    Docket Numbers: ER16-1465-002.

    Applicants: Palmco Power MI LLC.

    Description: Tariff Amendment: Palmco Power MI FERC Electric Tariff to be effective 5/20/2016.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5043; 20160718-5085.

    Comments Due: 5 p.m. ET 8/8/16.

    Docket Numbers: ER16-1466-002.

    Applicants: Palmco Power NH LLC.

    Description: Tariff Amendment: Palmco Power NH FERC Electric Tariff to be effective 5/20/2016.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5046; 20160718-5087.

    Comments Due: 5 p.m. ET 8/8/16.

    Docket Numbers: ER16-1467-002.

    Applicants: Palmco Power VA LLC.

    Description: Tariff Amendment: Palmco Power VA FERC Electric Tariff to be effective 5/20/2016.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5036; 20160718-5088.

    Comments Due: 5 p.m. ET 8/8/16.

    Docket Numbers: ER16-1468-002.

    Applicants: Palmco Power RI LLC.

    Description: Tariff Amendment: Palmco Power RI FERC Electric Tariff to be effective 5/20/2016.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5050; 20160718-5090.

    Comments Due: 5 p.m. ET 8/8/16.

    Docket Numbers: ER16-1485-002.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Tariff Amendment: 2016-07-15_MI-ONT PARS MISO-PJM JOA 2nd Amendment to be effective 7/28/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5164.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-1788-002.

    Applicants: LE Energy, LLC.

    Description: Tariff Amendment: FERC Electric MBR Tariff Application to be effective 8/1/2016.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5009; 20160718-5069.

    Comments Due: 5 p.m. ET 8/8/16.

    Docket Numbers: ER16-1793-001.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Tariff Amendment: 2016-07-13_CMP Baseline Filing—Attachment LL Amendment to be effective 7/25/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5169.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-1794-001.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Tariff Amendment: 2016-07-15_CMP Baseline Filing—RS 8 MISO-Manitoba Hydro SOA Amendment to be effective 7/25/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5177.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-1795-001.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Tariff Amendment: 2016-07-15_CMP Baseline Filing—RS 46 Minnkota-MISO Coor Opr Agr Amendment to be effective 7/25/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5176.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-1797-001.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Tariff Amendment: 2016-07-15_CMP Baseline Filing—MISO-SPP JOA Amendment to be effective 7/25/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5175.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-1798-001.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Tariff Amendment: 2016-07-15_CMP Baseline Filing—MISO-PJM JOA Amendment to be effective 7/25/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5179.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-2202-000.

    Applicants: Montour, LLC.

    Description: Compliance filing: Montour, LLC Informational Filing In ER15-2187 to be effective 10/1/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5087.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-2203-000.

    Applicants: Montour, LLC.

    Description: Compliance filing: Montour, LLC Informational Filing In ER15-2188 to be effective 10/1/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5089.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-2207-000.

    Applicants: H.A. Wagner LLC.

    Description: Compliance filing: H.A. Wagner Informational Filing to be effective 10/1/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5118.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-2208-000.

    Applicants: Pedricktown Cogeneration Company LP.

    Description: Compliance filing: Pedricktown Cogeneration Informational Filing, Waiver Request, etc. to be effective 10/1/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5119.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-2209-000.

    Applicants: Brandon Shores LLC.

    Description: Compliance filing: Brandon Shores Informational Filing to be effective 10/1/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5121.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-2216-000.

    Applicants: Energetix DE, LLC.

    Description: Tariff Cancellation: Notice of Cancellation to be effective 8/31/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5174.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-2217-000.

    Applicants: Logan Generating Company, L.P.

    Description: Baseline eTariff Filing: Reactive Tariff to be effective 9/1/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5178.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-2218-000.

    Applicants: North American Power Business, LLC.

    Description: Baseline eTariff Filing: MBR Application to be effective 9/14/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5180.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-2219-000.

    Applicants: Chief Conemaugh Power, LLC.

    Description: Compliance filing: Informational Filing in ER15-2187 to be effective 10/1/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5181.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-2220-000.

    Applicants: Chief Keystone Power, LLC.

    Description: Compliance filing: Informational Filing in ER15-2188 to be effective 10/1/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5182.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-2221-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Amendment to WMPA No. 3203, W3-079, among PJM, Marina Energy and JCPL to be effective 10/27/2014.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5035.

    Comments Due: 5 p.m. ET 8/8/16.

    Docket Numbers: ER16-2222-000.

    Applicants: Alcoa Power Generating Inc.

    Description: Baseline eTariff Filing: Long Sault Division Proposed Initial Open Access Transmission Tariff to be effective 9/17/2016.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5051.

    Comments Due: 5 p.m. ET 8/8/16.

    Docket Numbers: ER16-2223-000.

    Applicants: Alcoa Power Generating Inc.

    Description: Baseline eTariff Filing: Tapoco Division Proposed Initial Open Access Transmission Tariff to be effective 9/17/2016.

    Filed Date: 7/18/16.

    Accession Number: 20160718-5052.

    Comments Due: 5 p.m. ET 8/8/16.

    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 85.214) 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: July 18, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-17525 Filed 7-25-16; 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: EC16-117-000.

    Applicants: Northern States Power Company, a Wisconsin corporation.

    Description: Supplement to May 10, 2016 Application of Northern States Power Company, a Wisconsin corporation for Authorization under FPA Section 203 to Acquire Jurisdictional Assets.

    Filed Date: 7/13/16.

    Accession Number: 20160713-5137.

    Comments Due: 5 p.m. ET 7/27/16.

    Docket Numbers: EC16-150-000.

    Applicants: Agera Energy LLC, energy.me midwest llc, Aequitas Energy, Inc.

    Description: Joint Application for Authorization Under Section 203 of the Federal Power Act and Request for Confidential Treatment of Agera Energy LLC, et al.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5074.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: EC16-151-000.

    Applicants: Raven Power Holdings LLC, C/R Energy Jade, LLC, Sapphire Power Holdings LLC, Talen Energy Corporation.

    Description: Joint Application of Talen Energy Corporation, et. al., for Approval Pursuant to Section 203 of the Federal Power Act.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5159.

    Comments Due: 5 p.m. ET 8/5/16.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER12-281-010.

    Applicants: Northampton Generating Company, L.P.

    Description: Notice of Non-Material Change in Status [including Pro Forma sheets] of Northampton Generating Company, L.P.

    Filed Date: 7/14/16.

    Accession Number: 20160714-5170.

    Comments Due: 5 p.m. ET 8/4/16.

    Docket Numbers: ER12-2570-012; ER13-618-011.

    Applicants: Panther Creek Power Operating, LLC, Westwood Generation, LLC.

    Description: Notice of Non-Material Change in Status of Panther Creek Power Operating, LLC, et al.

    Filed Date: 7/14/16.

    Accession Number: 20160714-5121.

    Comments Due: 5 p.m. ET 8/4/16.

    Docket Numbers: ER15-230-001.

    Applicants: GP Energy Management LLC.

    Description: Notice of Non-Material Change in Status of GP Energy Management LLC.

    Filed Date: 7/14/16.

    Accession Number: 20160714-5171.

    Comments Due: 5 p.m. ET 8/4/16.

    Docket Numbers: ER16-2198-000.

    Applicants: Macquarie Energy LLC.

    Description: § 205(d) Rate Filing: ME Revised MBR re Locational Exchange to be effective 9/12/2016.

    Filed Date: 7/14/16.

    Accession Number: 20160714-5115.

    Comments Due: 5 p.m. ET 8/4/16.

    Docket Numbers: ER16-2199-000.

    Applicants: Entergy Arkansas, Inc.

    Description: § 205(d) Rate Filing: MSS-4 Replacement Tariff Compliance to be effective 1/1/2016.

    Filed Date: 7/14/16.

    Accession Number: 20160714-5116.

    Comments Due: 5 p.m. ET 8/4/16.

    Docket Numbers: ER16-2201-000.

    Applicants: Antelope DSR 1, LLC.

    Description: Baseline eTariff Filing: Antelope DSR 1, LLC MBR Tariff to be effective 7/16/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5046.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-2204-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Original ISA No. 4493, Queue No. AB1-096 to be effective 6/17/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5106.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-2205-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: GIA & DSA Mirasol Development LLC Mirasol Murrieta 1 Project to be effective 7/16/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5109.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-2206-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: First Amended SGIA and DSA for the SEPV Sierra Solar Project to be effective 7/16/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5117.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-2210-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: SGIA and Service Agreement for Division Solar Project to be effective 7/16/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5124.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-2211-000.

    Applicants: Wisconsin Electric Power Company.

    Description: § 205(d) Rate Filing: Wisconsin Electric FERC Electric Tariff Volume No. 9-2016 to be effective 9/13/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5135.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-2212-000.

    Applicants: Brandon Shores LLC.

    Description: Compliance filing: Market-Based Rate Filing to be effective 9/13/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5155.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-2213-000.

    Applicants: H.A. Wagner LLC.

    Description: Compliance filing: Market-Based Rate Tariff Filing to be effective 9/13/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5157.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-2214-000.

    Applicants: Pedricktown Cogeneration Company LP.

    Description: Compliance filing: Market Based Rate Tariff Filing to be effective 9/13/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5158.

    Comments Due: 5 p.m. ET 8/5/16.

    Docket Numbers: ER16-2215-000.

    Applicants: ISO New England Inc.

    Description: Permanent De-List Bids and Retirement De-List Bids submitted for 2020-21 Forward Capacity Auction of ISO New England Inc.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5161.

    Comments Due: 5 p.m. ET 8/5/16.

    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: July 15, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-17524 Filed 7-25-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP16-1092-000.

    Applicants: Midcontinent Express Pipeline LLC.

    Description: § 4(d) Rate Filing: SandRidge Negotiated Rate to be effective 6/7/2016.

    Filed Date: 7/14/16.

    Accession Number: 20160714-5052.

    Comments Due: 5 p.m. ET 7/26/16.

    Docket Numbers: RP16-1093-000.

    Applicants: Texas Gas Transmission, LLC.

    Description: Compliance filing Compliance Filing in CP15-105 (Western Ky Customer Lateral) to be effective 8/15/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5038.

    Comments Due: 5 p.m. ET 7/27/16.

    Docket Numbers: RP16-1094-000.

    Applicants: Texas Gas Transmission, LLC.

    Description: Compliance filing Compliance Filing in CP15-105-000 to Submit Neg Rate Agmts to be effective 9/1/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5039.

    Comments Due: 5 p.m. ET 7/27/16.

    Docket Numbers: RP16-1095-000.

    Applicants: DBM Pipeline, LLC.

    Description: § 4(d) Rate Filing: DBM Negotiated Rate Filing to be effective 7/15/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5105.

    Comments Due: 5 p.m. ET 7/27/16.

    Docket Numbers: RP16-1096-000.

    Applicants: Rockies Express Pipeline LLC.

    Description: § 4(d) Rate Filing: Neg Rate 2016-07-15 CP to be effective 7/15/2016.

    Filed Date: 7/15/16.

    Accession Number: 20160715-5137.

    Comments Due: 5 p.m. ET 7/27/16.

    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: July 18, 2016. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2016-17529 Filed 7-25-16; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2015-0273; FRL 9946-99-OEI] Agency Information Collection Activities; Submitted to OMB for Review and Approval; Comment Request; TSCA Section 5(a)(2) Significant New Use Rules for Existing Chemicals AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA): “TSCA Section 5(a)(2) Significant New Use Rules for Existing Chemicals” (EPA ICR No. 1188.13, OMB Control No. 2070-0038). This is a request to renew the approval of an existing ICR. EPA received two comments in response to the previously provided public review opportunity issued in the Federal Register on September 2, 2015 (80 FR 53151), which are addressed in this ICR. With this submission, EPA is providing an additional 30 days for public review.

    DATES:

    Comments must be received on or before August 25, 2016.

    ADDRESSES:

    Submit your comments, identified by Docket ID Number EPA-HQ-OPPT-2015-0273, to both EPA and OMB as follows:

    To EPA online using http://www.regulations.gov (our preferred method) or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and

    To OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Colby Lintner, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 554-1404; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Docket: Supporting documents, including the ICR that explains in detail the information collection activities and the related burden and cost estimates that are summarized in this document, are available in the docket for this ICR. The docket can be viewed online at http://www.regulations.gov or in person at the EPA Docket Center, West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is (202) 566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    ICR status: This ICR is currently scheduled to expire on July 31, 2016. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB.

    Under PRA, 44 U.S.C. 3501 et seq., an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR part 9.

    Abstract: Section 5 of the Toxic Substances Control Act (TSCA) provides EPA with a regulatory mechanism to monitor and, if necessary, control significant new uses of chemical substances. Section 5 authorizes EPA to determine by rule (i.e., a significant new use rule or SNUR), after considering all relevant factors, that a use of a chemical substance represents a significant new use. If EPA determines that a use of a chemical substance is a significant new use, section 5 requires persons to submit a significant new use notice (SNUN) to EPA at least 90 days before they manufacture, import, or process the substance for that use.

    EPA uses the information obtained through this collection to evaluate the health and environmental effects of the significant new use. EPA may take regulatory actions under TSCA section 5, 6 or 7 to control the activities for which it has received a SNUR notice. These actions include orders to limit or prohibit the manufacture, importation, processing, distribution in commerce, use or disposal of chemical substances. If EPA does not take action, section 5 also requires EPA to publish a Federal Register notice explaining the reasons for not taking action. This information collection addresses the reporting and recordkeeping requirements inherent in TSCA section 5 significant new use rules.

    Respondents may claim all or part of their submission as confidential. EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in TSCA section 14 and 40 CFR part 2.

    Form Numbers: EPA Form No. 7710-25.

    Respondents/affected entities: Entities potentially affected by this ICR are companies that manufacture, process, import, or distribute in commerce chemical substances or mixtures.

    Respondent's obligation to respond: Mandatory (40 CFR part 721).

    Estimated number of respondents: 6 (total).

    Frequency of response: On occasion.

    Total estimated burden: 1,025 hours (per year). Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $100,595 (per year), includes $0 annualized capital or operation & maintenance costs.

    Changes in the Estimates: There is an increase of 289 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This increase reflects EPA's updating the number of affected sites, the average number of SNUNs submitted annually, recalculating the average number of chemicals per SNUR, and correcting rounding errors in the burden estimate for completing a SNUN and rule familiarization. This change is an adjustment.

    Authority:

    44 U.S.C. 3501 et seq.

    Courtney Kerwin, Acting Director, Collections Strategies Division.
    [FR Doc. 2016-17515 Filed 7-25-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2016-0399 and EPA-HQ-OPPT-2016-0400; FRL-9949-52] Processes for Risk Evaluation and Chemical Prioritization for Risk Evaluation Under the Amended Toxic Substances Control Act; Notice of Public Meetings and Opportunities for Public Comment AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA is holding two public meetings to obtain input into the Agency's development of processes for risk evaluation and chemical prioritization for risk evaluation under the Toxic Substances Control Act as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (TSCA). Information obtained during these meetings will be considered in the Agency's development of the proposed procedural regulations required under TSCA.

    DATES:

    Meetings. For the chemical evaluation process, the meeting will be held on August 9, 2016 from 9:30 a.m. to 4:30 p.m.. For the process of prioritizing chemicals for risk evaluation, the meeting will be held on August 10, 2016 from 9:30 a.m. to 4:30 p.m.

    Meeting Registration. Advance registration for each meeting must be completed no later than August 4, 2016. On-site registration will be permitted, but seating and speaking priority will be given to those who pre-register by the deadline.

    Reasonable Accommodations. To request accommodation of a disability, please contact the technical person listed under FOR FURTHER INFORMATON CONTACT, preferably by August 1, 2016, to give EPA as much time as possible to process your request.

    Comments. EPA will hear oral comments at each meeting, and will accept written comments and materials submitted to the applicable docket on or before August 17, 2016.

    ADDRESSES:

    Meetings. The meetings will be held in the Horizon Ballroom at the Ronald Reagan Building and International Trade Center, 1300 Pennsylvania Avenue NW., Washington, DC 20004. The meetings will also be available by remote access for registered participants. For further information, see Unit III.A. under SUPPLEMENTARY INFORMATION.

    Meeting registration. You may register online (preferred) or in person at the meeting. To register online, go to http://opptstakeholder.eventbrite.com.

    Comments. Submit written comments and materials, identified by the relevant docket ID number, i.e., for the meeting on the process for risk evaluation, use docket ID EPA-HQ-OPPT-2016-0400; and for the meeting on the process of chemical prioritization for risk evaluation, use docket ID EPA-HQ-OPPT-2016-0399, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets in general is available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Chris Blunck, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-8078; email address: [email protected]

    For meeting logistics or registration contact: Klara Zimmerman, Abt Associates; telephone number: (301) 634-1722; email address: [email protected]

    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

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

    This action is directed to the public in general, and may be of interest to a wide range of stakeholders including chemical manufacturers, processors and users, consumer product companies, non-profit organizations in the environmental and public health sectors, state and local government agencies, and members of the public interested in the environmental and human health assessment and regulation of chemical substances. Since others also may be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action.

    B. How can I get copies of documents related to this meeting?

    EPA has established two dockets for the meetings: For the meeting on the process for risk evaluation, use docket ID No. EPA-HQ-OPPT-2016-0400; and for the meeting on the process of chemical prioritization for risk evaluation, use docket ID No. EPA-HQ-OPPT-2016-0399. Both dockets are available either online at http://www.regulations.gov or in person at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OPPT Docket is (202) 566-0280. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. Documents and meeting information will also be available at the registration Web site.

    II. Background

    On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which amended the Toxic Substances Control Act of 1976. The revised TSCA includes provisions that require EPA to develop by rule processes for risk evaluation and chemical prioritization for risk evaluation. Additional information on the revisions to TSCA can be found at https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-lautenberg-chemical-safety-21st-century-act.

    Risk evaluation. The meeting on August 9, 2016 will be for the purpose of gathering information for EPA consideration in developing the rule required under TSCA section 6(b)(4). Under TSCA section 6(b)(4), not later than 1 year after the date of enactment (i.e., by June 21, 2017), EPA is required to establish by rule a process to conduct risk evaluations to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment.

    Prioritization for risk evaluations. The meeting on August 10, 2016 will be for the purpose of gathering information for EPA consideration in developing the rule required under TSCA section 6(b)(1). Under TSCA section 6(b)(1), EPA must within 1 year of enactment (i.e., by June 21, 2017) establish by rule a risk-based screening process, including criteria for designating chemical substances as high-priority for risk evaluations or low-priority for which risk evaluations are not warranted at the time.

    III. Meeting A. Remote Access

    The meetings will be accessible remotely for registered participants. Registered participants will receive information on how to connect to the meetings prior to their start.

    B. Public Participation at the Meeting

    Members of the public may register to attend the meetings as observers and may also register to provide oral comments on the days of the meetings. A registered speaker is encouraged to focus on issues directly relevant to the particular meeting's subject matter. Each speaker is allowed no more than 5 minutes in each meeting. To accommodate as many registered speakers as possible, speakers may present oral comments only, without visual aids or written material. Persons registered to speak (as well as others) may submit written materials to the dockets as described under ADDRESSES.

    IV. How can I request to participate in this meeting? A. Registration

    To attend a meeting in person or to receive remote access, please register no later than August 4, 2016, using one of the methods described under ADDRESSES. While on-site registration will be available, seating will be on a first-come, first-served basis, with priority given to early registrants, until room capacity is reached. The Agency anticipates that approximately 150 people will be able to attend each of the meetings in person. For registrants not able to attend in person, the meetings will also provide remote access capabilities; registered participants will be provided information on how to connect to the meetings prior to their start.

    B. Required Registration Information

    Members of the public may register to attend as observers or speak if planning to offer oral comments during the scheduled public comment periods. To register for the meetings online, you must provide your full name, organization or affiliation, and contact information.

    Authority:

    15 U.S.C. 2605.

    Dated: July 20, 2016. Jeffery T. Morris, Acting Director, Office of Pollution Prevention and Toxics.
    [FR Doc. 2016-17706 Filed 7-25-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-ORD-2015-0684; FRL-9949-60-ORD] External Peer Review Meeting for Draft Guidelines for Human Exposure Assessment AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The U.S. Environmental Protection Agency (EPA or Agency) is announcing that Versar, a contractor to the EPA, will convene an independent panel of experts to review the draft document, Guidelines for Human Exposure Assessment (draft guidelines). EPA previously announced release of the draft guidance for comment. The public comment period ended on March 22, 2016.

    The public may register to attend this peer review meeting and time will be set aside at the meeting for brief oral comments from the public regarding the draft document. The draft document is available: Via the internet at http://www.regulations.gov or www.epa.gov/osa/guidelines-human-exposure-assessment; or from Dr. Michael Broder via the contact information below.

    DATES:

    The peer review meeting on the draft document, Guidelines for Human Exposure Assessment will be held on August 15-16, 2016. The meeting will run from approximately 1 p.m. to 5 p.m. Eastern Daylight Time on August 15 and from 8:30 a.m. to 5 p.m. Eastern Daylight Time on August 16, 2016.

    ADDRESSES:

    The meeting will be held at the following address: Crystal City Marriott at Reagan National Airport, located at 1999 Jefferson Davis Highway, Arlington, VA 22202. Versar, Inc. invites the public to register to attend this meeting, either in-person or via teleconference. The phone number for the teleconference line will be provided to register prior to the meeting.

    Internet: The draft document can be downloaded from http://www.regulations.gov Docket ID No. EPA-HQ-ORD-2015-0684.

    Instructions: To attend the peer review meeting, either in-person or via teleconference, you must register no later than August 12, 2016. You may do this by calling Versar at (703) 642-6815; sending a facsimile to (703) 642-6809 ATTN: Exposure Guidelines Peer Review Registration (include your name, title, affiliation, full address, email, and phone number); or sending an email to Mr. David Bottimore of Versar, Inc. at [email protected] (Subject line: Exposure Guidelines Peer Review Registration and include your name, title, affiliation, full address, email, and phone number). Please indicate which day(s) you plan to attend the meeting and whether you plan to attend via teleconference or in-person. Space is limited, and registrations will be accepted on a first-come, first-served basis. There will be a limited amount of time for comments from the public at the peer review meeting. Please inform Versar if you wish to make oral comments during the meeting.

    Information on Services for Individuals with Disabilities: The Agency welcomes public attendance at the peer review meeting on the draft document, Guidelines for Human Exposure Assessment, and will make every effort to accommodate persons with disabilities. For information on access or services for individuals with disabilities, contact David Bottimore of Versar at (703) 642-6815.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Michael Broder, Office of the Science Advisor, Mail Code 8105R, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number (202) 564-3393; fax number (202) 564-2070; or email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The current guidance document for human exposure assessment, Guidelines for Exposure Assessment, was published in 1992, reflecting the state-of-the-science in the 1970s and 1980s. Since its publication, the field of exposure science has undergone significant transformation in methods and approaches, which EPA has incorporated into its policies and practices to better align with the current state-of-the-science. The 1992 guidelines are being updated to reflect the advancement in exposure science and assessment and Agency policies.

    The draft guidelines benefit from over two decades of experience with EPA assessments conducted by Agency programs under their respective authorities and constraints, and from input from external panels, including the National Academy of Sciences and EPA's Science Advisory Board. This draft document builds on topics covered in the 1992 exposure guidelines including planning and scoping for an assessment, data acquisition and use, modeling, and considerations of uncertainty in exposure assessment. It also includes new material on planning and conducting an observational human exposure measurement study and considerations of lifestages and sensitive populations in exposure assessments. These draft guidelines present the most current science used in EPA exposure assessments and incorporates information about the Agency's current policies.

    Dated: July 19, 2016. Thomas Burke, EPA Science Advisor.
    [FR Doc. 2016-17708 Filed 7-25-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2012-0701; FRL-9949-25-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Miscellaneous Coating Manufacturing (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “NESHAP for Miscellaneous Coating Manufacturing (40 CFR part 63, subpart HHHHH) (Renewal)” (EPA ICR No. 2115.05, OMB Control No. 2060-0535), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through July 31, 2016. Public comments were requested previously via the Federal Register (80 FR 32116) on June 5, 2015, during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before August 25, 2016.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2012-0701, to: (1) EPA online using www.regulations.gov (our preferred method), or by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564-2970; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit: http://www.epa.gov/dockets.

    Abstract: The affected entities are subject to the General Provisions of the NESHAP (40 CFR part 63, subpart A), and any changes, or additions to the Provisions are specified at 40 CFR part 63, subpart HHHHH. Owners or operators of the affected facilities must submit initial notification reports, performance tests, and periodic reports and results. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Reports, at a minimum, are required semiannually.

    Form Numbers: None.

    Respondents/affected entities: Facilities that manufacture a miscellaneous coating.

    Respondent's obligation to respond: Mandatory (40 CFR part 63, subpart HHHHH).

    Estimated number of respondents: 44 (total).

    Frequency of response: Initially, occasionally and semiannually.

    Total estimated burden: 55,800 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $6,690,000 (per year), which includes $928,000 in either annualized capital/startup or operation & maintenance costs.

    Changes in the Estimates: There is an adjustment decrease in respondent burden in this ICR from the most recently approved ICR. This is due to a decrease in the respondent universe. For this ICR, we have updated the estimated number of respondents based on information obtained from industry consultation. This results in a decrease in the labor hours, O&M costs, and total number of responses.

    Courtney Kerwin, Acting Director, Collection Strategies Division.
    [FR Doc. 2016-17514 Filed 7-25-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OW-2004-0015; FRL 9949-48-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Clean Water State Revolving Fund Program AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The U.S. Environmental Protection Agency (EPA) has submitted an information collection request (ICR), “Clean Water State Revolving Fund Program” (EPA ICR No. 1391.11, OMB Control No. 2040-0118) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through July 31, 2016. Public comments were previously requested via the Federal Register (81 FR 19173) on April 4, 2016, during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given in this renewal notice, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Comments must be submitted on or before August 25, 2016.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OW-2002-0059, to (1) EPA online using http://www.regulations.gov (our preferred method), or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Mark Mylin, Municipal Support Division, Office of Wastewater Management, 4204M, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 202-564-0607; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR, docket number EPA-HQ-OW-2004-0015. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    Abstract: The Clean Water State Revolving Funds (CWSRF) were established by the 1987 amendments to the Clean Water Act (CWA) as a financial assistance program for a wide range of wastewater infrastructure and other water quality projects. The 1987 amendments added Title VI to the CWA, enabling EPA to provide grants to all 50 states and Puerto Rico to capitalize CWSRFs. The CWSRFs can provide loans and other forms of assistance for a wide array of projects, including construction of wastewater treatments facilities, green infrastructure projects, agricultural best management practices, and water and energy efficiency improvements. Eligible borrowers of CWSRF funding range from municipalities to nonprofit organizations and other private entities. Recently, Title VI of the CWA was amended in 2014 by the Water Resources Reform and Development Act (WRRDA). Additional information about the CWSRFs is available at http://www.epa.gov/cwsrf/learn-about-clean-water-state-revolving-fund-cwsrf.

    Form Numbers: None.

    Respondents/affected entities: Entities affected by this action are state environmental departments, and/or finance agencies responsible for operating the CWSRFs and eligible CWSRF borrowers.

    Respondent's obligation to respond: Required to obtain or retain a benefit per Title VI of CWA as amended by WRRDA.

    Estimated number of respondents: 51 state environmental departments and/or finance agencies (per year); 393 eligible CWSRF borrowers (per year)

    Frequency of response: Varies by requirement (i.e., quarterly, semi-annually and annually)

    Total estimated burden: 57,376 hours (per year). Burden is defined at 5 CFR 1320.03(b)

    Total estimated cost: $6,074,741 (per year), including $2,928,100 in non-labor costs.

    Changes in Estimates: This renewal adds two information collections activities not included in the previous version of the ICR. Specifically, the renewal includes the additional burden associated with the EPA requirement that the CWSRFs submit data into the CWNIMS and CBR databases on a recurring basis. The renewal also reflects the additional burden related to the recently released public awareness policy, directing CWSRF borrowers that receive federal funds to publicize EPA's role in funding the projects.

    Though these information collection activities add additional burden, the total estimated reporting burden under this renewal is significantly lower compared to the previously approved ICR. The estimate of the annual burden has been decreased by 748,471 hours while the total annual cost burden has been decreased by $17,744,006. This significant revision is due to the removal of the burden associated with CWSRF applications and ongoing ARRA reporting.

    Courtney Kerwin, Acting Director, Collection Strategies Division.
    [FR Doc. 2016-17513 Filed 7-25-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2016-0282; FRL-9947-95] Pesticide Experimental Use Permit; Receipt of Application; Comment Request AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    This notice announces EPA's receipt of an application (524-EUP-RNI) from Monsanto Company requesting an experimental use permit (EUP) for Bacillus thuringiensis mCry51Aa2 protein and the genetic material necessary for its production (vector PV-GHIR508523) in MON 88702 cotton (OECD Unique Identifier: MON-887Ø2-4). The Agency has determined that the permit may be of regional or national significance. Therefore, because of the potential significance, EPA is seeking comments on this application.

    DATES:

    Comments must be received on or before August 25, 2016.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2016-0282, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    Robert McNally, Biopesticides and Pollution Prevention Division (BPPD) (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone number: (703) 305-7090; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

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

    This action is directed to the public in general. Although this action may be of particular interest to those persons who conduct or sponsor research on pesticides, the Agency has not attempted to describe all the specific entities that may be affected by this action.

    B. What should I consider as I prepare my comments for EPA?

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

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    3. Environmental justice. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of any group, including minority and/or low income populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical or disproportionately high and adverse human health impacts or environmental effects from exposure to the pesticides discussed in this document, compared to the general population.

    II. What action is the Agency taking?

    Under section 5 of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136c, EPA can allow manufacturers to field test pesticides under development. Manufacturers are required to obtain an EUP before testing new pesticides or new uses of pesticides if they conduct experimental field tests on more than 10 acres of land or more than one acre of water.

    Pursuant to 40 CFR 172.11(a), the Agency has determined that the following EUP application may be of regional or national significance, and therefore is seeking public comment on the EUP application:

    Submitter: Monsanto Company, 800 N. Lindbergh Blvd., St. Louis, MO 63137, (524-EUP-RNI).

    Pesticide Chemical: Bacillus thuringiensis mCry51Aa2 protein and the genetic material necessary for its production (vector PV-GHIR508523) in MON 88702 cotton (OECD Unique Identifier: MON-887Ø2-4).

    Summary of Request: Monsanto Company is proposing to test MON 88702, a new plant-incorporated protectant (PIP) technology in cotton, alone and in combination with other registered PIPs in cotton to generate data and information that is intended to support future PIP registration applications (e.g., PIPs with multiple modes of action against hemipteran, thysanopteran and/or lepidopteran cotton pests). Monsanto Company's proposed experimental program would begin on March 1, 2017, and continue until February 28, 2019; would take place on 2,510 acres in Alabama, Arizona, Arkansas, California, Florida, Georgia, Louisiana, Mississippi, Missouri, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia and Puerto Rico; and would use 8,495.3 grams of active ingredient. Trial protocols will concentrate on seed development and increase for future testing, nursery observations of traits in various genetic backgrounds, phenotypic and agronomic observations, efficacy and yield benefits, and product characterization, performance and regulatory studies.

    Following the review of the application and any comments and data received in response to this solicitation, EPA will decide whether to issue or deny the EUP request, and if issued, the conditions under which it is to be conducted. Any issuance of an EUP will be announced in the Federal Register.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: July 1, 2016. Robert McNally, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.
    [FR Doc. 2016-17533 Filed 7-25-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2016-0385; FRL-9949-22] Federal Insecticide, Fungicide, and Rodenticide Act Scientific Scientific Advisory Panel; Notice of Public Meeting AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    There will be a 4-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review a set of scientific issues being evaluated by the Environmental Protection Agency (EPA) regarding EPA's evaluation of the carcinogenic potential of glyphosate, a non-selective, phosphonomethyl amino acid herbicide registered to control weeds in various agricultural and non-agricultural settings.

    DATES:

    The meeting will be held on October 18-21, 2016, from approximately 9 a.m. to 5 p.m.

    Comments. The Agency encourages written comments be submitted on or before October 4, 2016, to provide adequate time for the FIFRA SAP to review and consider the comments. The Agency encourages requests for oral comments be submitted on or before October 11, 2016. However, written comments and requests to make oral comments may be submitted until the date of the meeting, but anyone submitting written comments after October 4, 2016, should contact the Designated Federal Official (DFO) listed under FOR FURTHER INFORMATION CONTACT. For additional instructions, see Unit I.C. of the SUPPLEMENTARY INFORMATION.

    Nominations. Nominations of candidates to serve as ad hoc members of FIFRA SAP for this meeting should be provided on or before August 25, 2016.

    Webcast. This meeting may be webcast. Please refer to the FIFRA SAP Web site at http://www.epa.gov/sap for information on how to access the meeting webcast. Please note that the webcast is a supplementary public process provided only for convenience. If difficulties arise resulting in webcasting outages, the meeting will continue as planned.

    Special accommodations. For information on access or services for individuals with disabilities, and to request accommodation of a disability, please contact the DFO listed under FOR FURTHER INFORMATION CONTACT at least 10 days prior to the meeting to give EPA as much time as possible to process your request.

    ADDRESSES:

    Meeting: The meeting will be held at the Environmental Protection Agency, Conference Center, Lobby Level, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA 22202.

    Comments. Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2016-0385, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    Nominations, requests to present oral comments, and requests for special accommodations. Submit nominations to serve as ad hoc members of FIFRA SAP, requests for special accommodations, or requests to present oral comments to the DFO listed under FOR FURTHER INFORMATION CONTACT.

    FOR FURTHER INFORMATION CONTACT:

    Steven Knott, DFO, Office of Science Coordination and Policy (7201M), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-0103; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

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

    This action is directed to the public in general. This action may, however, be of interest to persons who are or may be required to conduct testing of chemical substances under the Federal Food, Drug, and Cosmetic Act (FFDCA) and FIFRA. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action.

    B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit CBI information to EPA through regulations.gov or email. If your comments contain any information that you consider to be CBI or otherwise protected, please contact the DFO listed under FOR FURTHER INFORMATION CONTACT to obtain special instructions before submitting your comments.

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    C. How may I participate in this meeting?

    You may participate in this meeting by following the instructions in this unit.

    1. Written comments. To ensure proper receipt by EPA, it is imperative that you identify docket ID number EPA-HQ-OPP-2016-0385 in the subject line on the first page of your request. The Agency encourages written comments be submitted, using the instructions in ADDRESSES and Unit I.B., on or before October 4, 2016, to provide FIFRA SAP the time necessary to consider and review the written comments. Written comments are accepted until the date of the meeting, but anyone submitting written comments after October 4, 2016, should contact the DFO listed under FOR FURTHER INFORMATION CONTACT. Anyone submitting written comments at the meeting should bring 15 copies for distribution to FIFRA SAP by the DFO.

    2. Oral comments. The Agency encourages each individual or group wishing to make brief oral comments to FIFRA SAP to submit their request to the DFO listed under FOR FURTHER INFORMATION CONTACT on or before October 11, 2016, in order to be included on the meeting agenda. Requests to present oral comments will be accepted until the date of the meeting and, to the extent that time permits, the Chair of FIFRA SAP may permit the presentation of oral comments at the meeting by interested persons who have not previously requested time. The request should identify the name of the individual making the presentation, the organization (if any) the individual will represent, and any requirements for audiovisual equipment. Oral comments before FIFRA SAP are limited to approximately 5 minutes unless prior arrangements have been made. In addition, each speaker should bring 15 copies of his or her comments and presentation for distribution to FIFRA SAP at the meeting by the DFO.

    3. Seating at the meeting. Seating at the meeting will be open and on a first-come basis.

    4. Request for nominations to serve as ad hoc members of FIFRA SAP for this meeting. As part of a broader process for developing a pool of candidates for each meeting, FIFRA SAP staff routinely solicits the stakeholder community for nominations of prospective candidates for service as ad hoc members of FIFRA SAP. Any interested person or organization may nominate qualified individuals to be considered as prospective candidates for a specific meeting. Individuals nominated for this meeting should have expertise in one or more of the following areas: Carcinogenicity (mammalian), cancer biostatistics, rodent cancer bioassays, epidemiology (cancer/occupational), genotoxicity/genetic toxicology/mutagenicity (related to human cancer risk), risk assessment, weight of evidence analysis, and mode of action/human relevance/adverse outcome pathway frameworks. Nominees should be scientists who have sufficient professional qualifications, including training and experience, to provide expert comments on the scientific issues for this meeting. Nominees should be identified by name, occupation, position, address, email address, and telephone number. Nominations should be provided to the DFO listed under FOR FURTHER INFORMATION CONTACT on or before August 25, 2016. The Agency will consider all nominations of prospective candidates for this meeting that are received on or before that date. However, final selection of ad hoc members for this meeting is a discretionary function of the Agency.

    The selection of scientists to serve on FIFRA SAP is based on the function of the Panel and the expertise needed to address the Agency's charge to the Panel. No interested scientists shall be ineligible to serve by reason of their membership on any other advisory committee to a federal department or agency, or their employment by a federal department or agency except EPA. Other factors considered during the selection process include availability of the potential Panel member to fully participate in the Panel's reviews, absence of any conflicts of interest or appearance of lack of impartiality, independence with respect to the matters under review, and lack of bias. Although financial conflicts of interest, the appearance of lack of impartiality, lack of independence, and bias may result in disqualification, the absence of such concerns does not assure that a candidate will be selected to serve on the FIFRA SAP. Numerous qualified candidates are identified for each Panel. Therefore, selection decisions involve carefully weighing a number of factors including the candidates' areas of expertise and professional qualifications and achieving an overall balance of different scientific perspectives on the Panel. The Agency anticipates selecting approximately eight ad hoc scientists to have the collective breadth of experience needed to address the Agency's charge for this meeting.

    FIFRA SAP members are subject to the provisions of 5 CFR part 2634—Executive Branch Financial Disclosure, Qualified Trusts, and Certificates of Divestiture, as supplemented by EPA in 5 CFR part 6401. In anticipation of this requirement, prospective candidates for service on FIFRA SAP will be asked to submit confidential financial information which shall fully disclose, among other financial interests, the candidates' employment, stocks, bonds, and where applicable, sources of research support. EPA will evaluate the candidates' financial disclosure forms to assess whether there are financial conflicts of interest, appearance of a lack of impartiality, or any prior involvement with the development of the documents under consideration (including previous scientific peer review) before the candidate is considered further for service on the FIFRA SAP. Those who are selected from the pool of prospective candidates will be asked to attend the public meetings and to participate in the discussion of key issues and assumptions at these meetings. In addition, they will be asked to review and to help finalize the meeting minutes. The list of FIFRA SAP members participating at this meeting will be posted on the FIFRA SAP Web site at http://www.epa.gov/sap or may be obtained from the OPP Docket at http://www.regulations.gov.

    II. Background A. Purpose of FIFRA SAP

    FIFRA SAP serves as the primary scientific peer review mechanism of EPA's Office of Chemical Safety and Pollution Prevention (OCSPP) and is structured to provide scientific advice, information and recommendations to the EPA Administrator on pesticides and pesticide-related issues as to the impact of regulatory actions on health and the environment. FIFRA SAP is a federal advisory committee established in 1975 under FIFRA that operates in accordance with requirements of the Federal Advisory Committee Act (5 U.S.C. Appendix). FIFRA SAP is composed of a permanent panel consisting of seven members who are appointed by the EPA Administrator from nominees provided by the National Institutes of Health and the National Science Foundation. FIFRA established a Science Review Board (SRB) consisting of at least 60 scientists who are available to FIFRA SAP on an ad hoc basis to assist in reviews conducted by FIFRA SAP. As a scientific peer review mechanism, FIFRA SAP provides comments, evaluations, and recommendations to improve the effectiveness and quality of analyses made by Agency scientists. Members of the FIFRA SAP are scientists who have sufficient professional qualifications, including training and experience, to provide expert advice and recommendations to the Agency.

    B. Public Meeting

    Glyphosate is a non-selective, phosphonomethyl amino acid herbicide registered to control weeds in various agricultural and non-agricultural settings. Labeled uses of glyphosate include over 100 terrestrial food crops as well as other non-agricultural sites, such as greenhouses, aquatic areas, and residential areas. Use of glyphosate in the United States and globally has increased overtime, particularly with the introduction of glyphosate-resistant crops; however, usage has stabilized in recent years due to the increased number of weed species becoming resistant to glyphosate. Glyphosate is currently undergoing Registration Review, which is a program where all registered pesticides are reviewed at least every 15 years as mandated by the Federal Insecticide, Fungicide, and Rodenticide Act.

    Recently, several international agencies have evaluated the carcinogenic potential of glyphosate. In March 2015, the International Agency for Research on Cancer (IARC), a subdivision of the World Health Organization (WHO), determined that glyphosate was a probable carcinogen (group 2A). Later, in November 2015, the European Food Safety Authority (EFSA) determined that glyphosate was unlikely to pose a carcinogenic hazard to humans. In May 2016, the Joint Food and Agriculture Organization (FAO)/WHO Meeting on Pesticide Residues (JMPR), another subdivision of the WHO, concluded that glyphosate was unlikely to pose a carcinogenic risk to humans from exposure through the diet.

    Recently, EPA collected and analyzed a substantial amount of data informing the carcinogenic potential of glyphosate and utilized its draft “Framework for Incorporating Human Epidemiological & Incident Data in Health Risk Assessment” to assess the potential carcinogenic hazard. The draft framework provides the foundation for evaluating multiple lines of scientific evidence and includes two key components: Problem formulation and use of the mode of action/adverse outcome pathway (MOA/AOP) frameworks. A comprehensive analysis of data on glyphosate from submitted guideline studies and the open literature was performed. This includes epidemiological, animal carcinogenicity, genotoxicity, metabolism, and mechanistic studies. Guideline studies were collected for consideration from the toxicological databases for glyphosate and glyphosate salts. A fit-for-purpose systematic review was executed to obtain relevant and appropriate open literature studies with the potential to inform the human carcinogenic potential of glyphosate. Furthermore, the list of studies obtained from the toxicological databases and systematic review was cross-referenced with recent internal reviews, review articles from the open literature, and international agency evaluations (i.e., IARC, EFSA, JMPR).

    Available data from epidemiological, animal carcinogenicity, and genotoxicity studies were reviewed and evaluated for study quality and results to inform the human carcinogenic potential of glyphosate. Additionally, as described in the draft “Framework for Incorporating Human Epidemiological & Incident Data in Health Risk Assessment,” the multiple lines of evidence were integrated in a weight-of-evidence analysis using the modified Bradford Hill Criteria considering concepts, such as strength, consistency, dose response, temporal concordance, and biological plausibility. The agency will solicit advice from the SAP on the evaluation and interpretation of the available data for each line of evidence and the weight-of-evidence analysis, as well as how the available data inform cancer classification descriptors according to the agency's 2005 Guidelines for Carcinogen Risk Assessment.

    C. FIFRA SAP Documents and Meeting Minutes

    EPA's background paper, related supporting materials, charge/questions to FIFRA SAP, FIFRA SAP composition (i.e., members and ad hoc members for this meeting), and the meeting agenda will be available by approximately mid-September. In addition, the Agency may provide additional background documents as the materials become available. You may obtain electronic copies of these documents, and certain other related documents that might be available at http://www.regulations.gov and the FIFRA SAP Web site at http://www.epa.gov/sap.

    FIFRA SAP will prepare meeting minutes summarizing its recommendations to the Agency approximately 90 days after the meeting. The meeting minutes will be posted to the FIFRA SAP Web site or may be obtained from the OPP Docket at http://www.regulations.gov.

    Authority:

    7 U.S.C. 136 et seq.; 21 U.S.C. 301 et seq.

    Dated: July 19, 2016. Stanley Barone, Acting Director, Office of Science Coordination and Policy.
    [FR Doc. 2016-17707 Filed 7-25-16; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION Radio Broadcasting Services; AM or FM Proposals To Change the Community of License AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice.

    SUMMARY:

    The following applicants filed AM or FM proposals to change the community of License: Agape Educational Media, Inc., Station WOWB, Facility ID 40428, BPED-20160329AER, from Brewton, AL, to Jay; Capstar, TX, LLC, Station WKZP, Facility ID 4674, BPH-20160606AAG, from Bethany Beach, DE, to West Ocean City; Citicasters Licenses, Inc., Station WRDG, Facility ID 61142, BPH-20160513AEF, from Peachtree City, GA, to Union City; Jeff Andrulonis, Station WEAF, Facility ID 24146, BP-20160426AAV, from Camden, SC, to Saint Stephen; Max Radio Of Denver LLC, Station KJHM, Facility ID 38629, BPH-20160614AAD, from Strasburg, CO, to Watkins; Minerva R. Lopez, Station KOUL, Facility ID 28074, BPH-20160216ABP, from Benavides, TX, to Agua Dulce, TX; Radio Partners, LLC, Station WKNB, Facility ID 34929, BPH-20160429ABC, from Clarendon, PA, to Sheffield; Radio Partners, LLC, Station WLSF, Facility ID 190374, BPH-20160106AAX, from Sheffield, PA, to Clarendon; Resonance Media Group, Station NEW, Facility ID 191526, BMPH-20160629AAO, from Grand Portage, MN, to Grand Marais, MN; SLC Divestiture Trust II (Jim Burgoyne, Trustee), Station KMGR, Facility ID 65377, BMPH-20160614AAI, from Delta, UT, to Gunnison; Synergy Broadcast North Dakota, LLC, Station KLTQ, Facility ID 166059, BPH-20160513AEM, from New England, ND, to Beulah; Synergy Broadcast North Dakota, LLC, Station KQLZ, Facility ID 164305, BPH-20160513AEQ, from Beulah, ND, to New England.

    DATES:

    The agency must receive comments on or before September 26, 2016.

    ADDRESSES:

    Federal Communications Commission, 445 Twelfth Street SW., Washington, DC 20554.

    FOR FURTHER INFORMATION CONTACT:

    Tung Bui, 202-418-2700.

    SUPPLEMENTARY INFORMATION:

    The full text of these applications is available for inspection and copying during normal business hours in the Commission's Reference Center, 445 12th Street SW., Washington, DC 20554 or electronically via the Media Bureau's Consolidated Data Base System, http://svartifoss2.fcc.gov/prod/cdbs/pubacc/prod/cdbs_pa.htm.

    Federal Communications Commission. James D. Bradshaw, Deputy Chief, Audio Division, Media Bureau.
    [FR Doc. 2016-17625 Filed 7-25-16; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than August 11, 2016.

    A. Federal Reserve Bank of Minneapolis (Jacquelyn K. Brunmeier, Assistant Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291:

    1. Richard W. Nebel, Munising, Michigan, to retain 10 percent or more of the shares of Peoples State Bancorp, Inc., Munising, Michigan, and for Richard W. Nebel, Jamie Nebel, Isabelle Nebel, Larson Nebel, Charles C. Nebel, Denise Nebel, Kyle Christian, Cameron Nebel, Chase Nebel, Kane Nebel, Keegan Nebel, Camie Nebel Conklin, Christopher Conklin, and Emma Conklin, all of Munising, Michigan; as a group acting in concert, to acquire 25 percent or more of the shares of Peoples State Bancorp, Inc., and thereby indirectly acquire Peoples State Bank of Munising, Munising, Michigan.

    Board of Governors of the Federal Reserve System, July 21, 2016. Margaret Shanks, Deputy Secretary of the Board.
    [FR Doc. 2016-17628 Filed 7-25-16; 8:45 am] BILLING CODE 6210-01-P
    GENERAL SERVICES ADMINISTRATION [Notice-MG-2016-03; Docket No. 2016-0002; Sequence 16] Office of Federal High-Performance Green Buildings; Green Building Advisory Committee; Request for Membership Nominations; Correction AGENCY:

    Office of Federal High-Performance Green Buildings, General Services Administration (GSA).

    ACTION:

    Notice of Solicitation of Nominations for Membership; Correction.

    SUMMARY:

    GSA published a notice in the Federal Register on July 20, 2016 at 81 FR 47172, regarding Green Building Advisory Committee; Request for Membership Nominations. GSA is making an editorial change to the SUPPLEMENTARY INFORMATION section to correct a date.

    DATES:

    Effective: July 26, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Ken Sandler, Office of Federal High Performance Green Buildings, GSA, 202-219-1121. Please cite Notice-MG-2016-03; Correction.

    SUPPLEMENTARY INFORMATION:

    Correction

    In the notice FR Doc. 2016-17145 published in the Federal Register at 81 FR 47172, July 20, 2016, make the following correction:

    On page 47172, in the third column, third line from bottom, remove “August 1” and add “August 8” in its place.

    Brian Gilligan, Acting Federal Director, Office of Federal High-Performance Green Buildings, Office of Government-wide Policy.
    [FR Doc. 2016-17650 Filed 7-25-16; 8:45 am] BILLING CODE 6820-14-P
    GENERAL SERVICES ADMINISTRATION [OMB Control No. 3090-0278; Docket 2016-0001; Sequence 5] Information Collection; USA.gov National Contact Center Customer Evaluation Survey AGENCY:

    USA.gov Contact Center, General Services Administration (GSA).

    ACTION:

    Notice of request for comments regarding an extension to an existing OMB clearance.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement regarding the National Contact Center customer evaluation surveys.

    DATES:

    Submit comments on or before: September 26, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Mr. David Kaufmann, Federal Information Specialist, Office of Citizen Services and Communications, at telephone 202-357-9661 or via email to [email protected]

    ADDRESSES:

    Submit comments identified by Information Collection 3090-0278, National Contact Center Evaluation Survey, by any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number. Select the link “Submit a Comment” that corresponds with “Information Collection 3090-0278, National Contract Center Evaluation Survey”. Follow the instructions provided at the “Submit a Comment” screen. Please include your name, company name (if any), and “Information Collection 3090-0278, National Contract Center Evaluation Survey” on your attached document.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Flowers/IC 3090-0278, National Contract Center Evaluation Survey.

    Instructions: Please submit comments only and cite Information Collection 3090-0278, National Contract Center Evaluation Survey, in all correspondence related to this collection. Comments received generally will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail).

    SUPPLEMENTARY INFORMATION:

    A. Purpose

    This information collection will be used to assess the public's satisfaction with the USA.gov National Contact Center service (formerly the Federal Citizen Information Center's (FCIC) National Contact Center), to assist in increasing the efficiency in responding to the public's need for Federal information, and to assess the effectiveness of marketing efforts.

    B. Annual Reporting Burden

    The following are estimates of the annual hourly burdens for our surveys based on historical participation in our surveys.

    (1) Telephone Survey:

    Respondents: 6,000.

    Responses per Respondent: 1.

    Annual Responses: 6,000.

    Hours per Response: 0.12.

    Total Burden Hours: 720.

    (2) Web Chat Survey:

    Respondents: 2,400.

    Responses per Respondent: 1.

    Annual Responses: 2,400.

    Hours per Response: 0.12.

    Total Burden Hours: 288.

    (3) Email Survey:

    Respondents: 3,600.

    Responses per Respondent: 1.

    Annual Responses: 3,600.

    Hours per Response: 0.12.

    Total Burden Hours: 432.

    Grand Total Burden Hours: 1,440.

    C. Public Comments

    Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate and based on valid assumptions and methodology; and ways to enhance the quality, utility, and clarity of the information to be collected.

    Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405, telephone 202-501-4755.

    Please cite OMB Control No. 3090-0278, National Contact Center Customer Evaluation Survey, in all correspondence.

    Dated: July 21, 2016. David A. Shive, Chief Information Officer.
    [FR Doc. 2016-17698 Filed 7-25-16; 8:45 am] BILLING CODE 6820-CX-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30Day-16-16VB] Agency Forms Undergoing Paperwork Reduction Act Review

    The Centers for Disease Control and Prevention (CDC) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The notice for the proposed information collection is published to obtain comments from the public and affected agencies.

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address any of the following: (a) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) Evaluate 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) Enhance the quality, utility, and clarity of the information to be collected; (d) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses; and (e) Assess information collection costs.

    To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, call (404) 639-7570 or send an email to [email protected] Direct written comments and/or suggestions regarding the items contained in this notice to the Attention: CDC Desk Officer, Office of Management and Budget, Washington, DC 20503 or by fax to (202) 395-5806. Written comments should be received within 30 days of this notice.

    Proposed Project

    HIV Knowledge, Beliefs, Attitudes, and Practices of Providers in the Southeast (K-BAP Study)—New—National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention (NCHHSTP), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    Persons at high risk of HIV infection have often had one or more contacts with a health care provider within a year of their diagnoses. These health care encounters represent missed opportunities to: (1) Review and discuss sexual health and risk reduction, (2) screen for HIV infection and other STDs, (3) recognize and diagnose acute HIV infection and offer immediate antiretroviral therapy (ART) if indicated, (4) discuss the prevention benefit of treatment (with subsequent referral or prescription) and re-engagement in care, as appropriate, and (5) provide PrEP and nPEP if not infected and at high risk, consistent with current HIV prevention guidelines and recommendations.

    Health care providers in high-prevalence geographic areas could substantially reduce new HIV infections among the patient populations they serve, as well as their communities. Health care providers are a trusted source of reliable information. They also have the capacity to perform STD/HIV testing and to prescribe medication with appropriate clinical follow-up. Review of the literature published between January 2000 and June 2014 indicates we know little about providers' knowledge, beliefs, attitudes, and practices (K-BAP) in at-risk jurisdictions about HIV risk, HIV diagnosis and antiretroviral drug interventions in these domains, especially primary care providers serving high-risk patients in high-prevalence communities. K-BAP Study is an effort to assess providers' K-BAP using a cross sectional survey in the five priority HIV prevention domains noted above.

    This K-BAP Study aligns with multiple goals and objectives of the National HIV/AIDS Strategy (NHAS) and CDC's “winnable battles.”

    The project's specific objectives are to (1) Characterize knowledge, beliefs, attitudes, and practices of providers in five key HIV prevention domains in high-HIV prevalence communities with disproportionate numbers of blacks/African Americans, and (2) Educate providers about prevention interventions related to these domains based on survey-identified knowledge, beliefs, attitudes, and practices of providers' deficits.

    The respondent population of medical providers will be pulled from the Healthcare Data Solutions (HDS) ProviderPRO and MidLevelPRO databases. Respondents will be recruited to participate in the survey through a combination of emails and phone calls. This strategy will consist of four emails spaced one week apart followed by phone calls to non-responders. The emails will explain the purpose of the survey, the availability of continuing education (CE) credits, and the $20 cash token of appreciation.

    A large two-part internet-based survey will be conducted among a representative random sample of providers in the selected six (6) metropolitan statistical areas (MSAs) with the highest HIV burden among the African American population. Part one of the survey will be administered to participants at the beginning of the project. The part-one survey findings will be used to identify providers' knowledge, beliefs, attitudes, and practices that might require additional educational reinforcement. Based on survey responses, providers will be linked to continuing education (CE) credit-eligible educational modules to improve their educational deficits. The educational modules are all web-based using either video or case-based methods of learning. The length of the course ranges from 1-3 hours accounting for 0.25-1.0 credit hours. Part two of the survey will be administered six months later comprised of only the core questions in part one of the survey to assess impact of CE modules on providers' practices regarding HIV prevention and treatment.

    There are no costs to respondents other than their time. The total annual burden hours are 1,219.

    Estimated Annualized Burden Hours Type of respondent Form name Number of
  • respondents
  • Number of
  • responses per respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Providers Baseline Screener and Survey 1,827 1 30/60 Providers Follow-Up Screener and Survey 914 1 20/60
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2016-17642 Filed 7-25-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-16-16AVM; Docket No. CDC-2016-0065] Proposed Data Collection Submitted for Public Comment and Recommendations AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice with comment period.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC), as part of its continuing efforts to reduce public burden and maximize the utility of government information, 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. This notice accompanies a Notice of Proposed Rulemaking and invites comment on the information collection request Airline and Vessel and Traveler Information Collection. This information collection request pertains to CDC's activities with regard to requirements at proposed § 71.4 and § 71.5 that airlines and vessels arriving to the United States from foreign countries send passenger, crew, and conveyance information (aka manifests) to CDC in the event that a communicable disease of public health concern is suspected or confirmed in a person aboard who poses a potential public health risk to other travelers and their communities after arriving in the United States. This information also pertains to current activities with regard to the collection of manifests from domestic flights within the United States, as well as the collection of traveler information using the Passenger Locator Form (PLF) on both international and domestic flights.

    DATES:

    Written comments must be received on or before September 26, 2016.

    ADDRESSES:

    You may submit comments, identified by Docket No. CDC-2016-0065 by any of the following methods:

    Federal eRulemaking Portal: Regulations.gov. Follow the instructions for submitting comments.

    Mail: Leroy A. Richardson, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329.

    Instructions: All submissions received must include the agency name and Docket Number. All relevant comments received will be posted without change to Regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to Regulations.gov.

    Please note:

    All public comment should be submitted through the Federal eRulemaking portal (Regulations.gov) or by U.S. mail to the address listed above.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact the Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329; phone: 404-639-7570; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below.

    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 collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information.

    Proposed Project

    Airline and Vessel and Traveler Information Collection (42 CFR part 70 and 71)—New—Division of Global Migration and Quarantine, National Center for Emerging Zoonotic and Infectious Diseases, Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    Under the Public Health Service Act (42 United States Code § 264) and under 42 Code of Federal Regulations (CFR) § 71.32(b) and 42 CFR 70.2, CDC can order airlines and vessels arriving from another country or traveling between states to submit a data set including airline or vessel details, and passenger and crew member information if CDC reasonably believes that a traveler exposed to or infected with a communicable disease of public health concern could have put other passengers at risk for a communicable disease. In the accompanying Notice of Proposed Rulemaking, CDC is proposing to create two specific provisions that require the submission of airline and vessels and traveler data CDC. These provisions are proposed § 71.4 Requirements relating to collection, storage, and transmission of airline passenger, crew, and flight information for public health purposes and proposed § 71.5 Requirements relating to collection, storage and transmission of ship passenger, crew and voyage information for public health purposes. CDC anticipates that, while this is not a new practice, the listing of specific variables in specific regulatory provisions, will improve the submission of more timely, accurate, and complete traveler contact information by air and maritime companies.

    While not associated with this NPRM, CDC is also seeking approval for domestic airline and vessel and traveler information orders under current authorities in 42 CFR 70.2. This activity is also currently already current practice.

    Additionally, CDC requests to transition the Passenger Locator Form (PLF), previously included and approved by OMB in 0920-0134 Foreign Quarantine Regulations, into this Information Collection Request. Further, CDC is requesting approval for the use of the PLF for the collection of traveler information from individuals on domestic flights. The PLF, a form developed by the International Civil Aviation Organization (ICAO) in concert with its international member states and other aviation organizations, is used when there is a confirmation or strong suspicion that an individual(s) aboard a flight is infected with or exposed to a communicable disease that is a threat to co-travelers, and CDC is made aware of the individual(s) prior to arrival in the United States. This prior awareness can provide CDC with an opportunity to collect traveler contact information directly from the traveler prior to departure from the arrival airport.

    Stopping a communicable disease outbreak—whether it is naturally occurring or intentionally caused—requires the use of the most rapid and effective public health tools available. Basic public health practices, such as collaborating with airlines in the identification and notification of potentially exposed contacts, are critical tools in the fight against the introduction, transmission, and spread of communicable diseases in the United States.

    The collection of timely, accurate, and complete contact information enables Quarantine Public Health Officers in CDC's Division of Global Migration and Quarantine (DGMQ) to notify state and local health departments in order for them to make contact with individuals who may have been exposed to a contagious person during travel and identify appropriate next steps.

    In the event that there is a confirmed case of communicable disease of public health concern aboard an aircraft or ship, CDC collects manifest information for those passengers and crew at risk for exposure. The specific manifest of PLF information collection differs depending on the communicable disease that is confirmed during air or maritime travel. CDC uses this manifest and PLF information to coordinate with state and local health departments so they can follow-up with residents who live or are currently located in their jurisdiction. In general, state and local health departments are responsible for the contact investigations. In rare cases, CDC may use the manifest and PLF data to perform the contact investigation directly. In either case, CDC works with state and local health departments to ensure individuals are contacted and provided appropriate public health follow-up.

    While the title of this information collection request includes vessels, CDC does not routinely collect vessel manifest information, and does so less than 10 times per year. Therefore, there is no vessel and maritime traveler information collection in the burden table.

    Estimated Annualized Burden Hours

    CDC estimates that for each set of vessel and traveler information ordered, airlines require approximately six hours to review the order, search their records, and send those records to CDC. CDC anticipates that travelers will need approximately five minutes to complete the PLF. There is no cost to respondents other than their time perform these actions. For manifest information, CDC does not have a specified format for these submissions, only that it is one acceptable to both CDC and the respondent.

    Type of respondent Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total burden
  • (in hours)
  • Airline Medical Officer or Equivalent/Computer and Information Systems Manager Domestic TB Manifest Template 1 1 360/60 6 Airline Medical Officer or Equivalent/Computer and Information Systems Manager Domestic Non-TB Manifest Template 28 1 360/60 168 Airline Medical Officer or Equivalent/Computer and Information Systems Manager International TB Manifest Template 67 1 360/60 402 Airline Medical Officer or Equivalent/Computer and Information Systems Manager International Non-TB Manifest Template. 29 1 360/60 174 Traveler Public Health Passenger Locator Form: Outbreak of public health significance (international flights) 2,700,000 1 5/60 225,000 Traveler Public Health Passenger Locator Form: Limited onboard exposure (international flights 800 1 5/60 67 Traveler Public Health Passenger Locator Form (domestic flights) 800 1 5/60 67 Total 225,884
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2016-17601 Filed 7-25-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30Day-16-15AUE] Agency Forms Undergoing Paperwork Reduction Act Review

    The Centers for Disease Control and Prevention (CDC) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The notice for the proposed information collection is published to obtain comments from the public and affected agencies.

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address any of the following: (a) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) Evaluate 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) Enhance the quality, utility, and clarity of the information to be collected; (d) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses; and (e) Assess information collection costs.

    To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, call (404) 639-7570 or send an email to [email protected] Written comments and/or suggestions regarding the items contained in this notice should be directed to the Attention: CDC Desk Officer, Office of Management and Budget, Washington, DC 20503 or by fax to (202) 395-5806. Written comments should be received within 30 days of this notice.

    Proposed Project

    Capacity Building Assistance Assessment for HIV Prevention—New—Division of HIV/AIDS Prevention, National Centers for HIV/AIDS, Viral Hepatitis, STD and TB Prevention (NCHHSTP), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    For over 30 years, Human Immunodeficiency Virus (HIV) has been an epidemic, affecting millions globally. Some groups are disproportionately affected by this epidemic. In order to address these health disparities, the CDC is funding 120 CBOs and their collaborative partners (Partnerships) to address the national HIV epidemic by reducing new infections, increasing access to care, and promoting health equity; particularly for people living with and at greatest risk of HIV infection. This includes including African Americans/Blacks; Latinos/Hispanics; all races and ethnicities of gay, bisexual, and other MSM; IDUs; and transgender persons.

    Building the capacity of the funded community-based organizations to conduct HIV programs and services is a priority to ensure effective and efficient delivery of HIV prevention treatment and care services. Since the late 1980s, CDC has been working with CBOs to broaden the reach of HIV prevention efforts. Over time, the CDC's program for HIV prevention has grown in size, scope, and complexity, responding to changes in approaches to addressing the epidemic, including the introduction of new guidance, effective behavioral, biomedical, and structural interventions, and public health strategies.

    The Capacity Building Branch within the Division of HIV/AIDS Prevention (D provides national leadership and support for capacity building assistance (CBA) to help improve the performance of the HIV prevention workforce. One way that it accomplishes this task is by funding CBA providers to work with CBOs, health departments, and communities to increase their knowledge, skills, technology, and infrastructure to implement and sustain science-based, culturally appropriate High Impact HIV Prevention (HIP) interventions and public health strategies.

    Applicants selected for funding must work with the CDC-funded CBA providers to develop and implement a Capacity Building Assistance Strategic Plan (CBASP). The information collected via this process will be used to construct a CBASP for each funded organization in collaboration with CDC's Capacity Building Branch (CBB). CBA Providers will provide technical assistance and training to ensure that the CBOs and Partnerships have the skills and support they need to successfully implement their CDC-funded HIV High Impact Prevention program.

    CBA providers will utilize the CBO CBA Assessent Tool which offers a mixed-method data collection approach with close-ended, and open-ended questions. CBOs will complete and submit the completed web-based Tool, which will be discussed, and needs confirmed, during a follow-up phone contact assessment. A follow-up site visit may be recommended for CBOs with dire needs (up to 20%), which will be scheduled upon approval by the Project Officer and Program Consultant. Data from all completed Tools will be analyzed and used to develop a CBA Strategic Plan (CBASP) which will be housed in the Capacity Assistance Request Information System (managed by the Capacity Building Branch), in the Division of HIV/AIDS Prevention and consulted by CBA Providers assigned to respond to the prioritized CBOs' CBA needs.

    By the end of the project, the participating CBOs and Partnerships will have tailored CBA strategic plans that they can use to help sustain their programs across and beyond the life of their funding. Based on these plans, the CBA providers in collaboration with CDC will be able to better identify and address those needs most reported by CBOs. Finally, the Capacity Building Branch will be able to refine its approach to conceptualizing and providing CBA on a national level in the most cost-effective manner possible. There is no cost to respondents other than their time. The total annual burden hours are 240.

    Estimated Annualized Burden Hours Type of respondents Form name Number of
  • respondents
  • Number of
  • responses per respondent
  • Avg. burden per response
  • (in hrs.)
  • CBO Grantees CBO CBA Assessment Tool 120 1 2
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2016-17643 Filed 7-25-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60 Day-16-0214; Docket No. CDC-2016-0069] Proposed Data Collection Submitted for Public Comment and Recommendations AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice with comment period.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC), as part of its continuing effort to reduce public burden and maximize the utility of government information, 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. This notice invites comment on the National Health Interview Survey (NHIS). The annual National Health Interview Survey is a major source of general statistics on the health of the U.S. population.

    DATES:

    Written comments must be received on or before September 26, 2016.

    ADDRESSES:

    You may submit comments, identified by Docket No. CDC-2016-0069 by any of the following methods:

    Federal eRulemaking Portal: Regulations.gov. Follow the instructions for submitting comments.

    Mail: Leroy A. Richardson, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329.

    Instructions: All submissions received must include the agency name and Docket Number. All relevant comments received will be posted without change to Regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to Regulations.gov.

    Please note:

    All public comment should be submitted through the Federal eRulemaking portal (Regulations.gov) or by U.S. mail to the address listed above.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact the Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329; phone: 404-639-7570; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below.

    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 collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information.

    Proposed Project

    National Health Interview Survey (NHIS) (OMB No. 0920-0214, expires 12/31/2017)—Revision—National Center for Health Statistics (NCHS), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    Section 306 of the Public Health Service (PHS) Act (42 U.S.C.), as amended, authorizes that the Secretary of Health and Human Services (DHHS), acting through NCHS, shall collect statistics on the extent and nature of illness and disability of the population of the United States.

    The annual National Health Interview Survey is a major source of general statistics on the health of the U.S. population and has been in the field continuously since 1957. Clearance is sought for three years, to collect data for 2017-2019.

    This voluntary and confidential household-based survey collects demographic and health-related information from a nationally-representative sample of noninstitutionalized, civilian persons and households throughout the country. Personal identification information is requested from survey respondents to facilitate linkage of survey data with health-related administrative and other records. In 2017 the NHIS will collect information from approximately 45,000 households, which contain about 100,000 individuals. Information is collected using computer assisted personal interviews (CAPI).

    A core set of data is collected each year that remains largely unchanged, whereas sponsored supplements vary from year to year. The core set includes socio-demographic characteristics, health status, health care services, and health behaviors. For 2017, supplemental questions will be cycled in pertaining to alternative and integrative medicine, cognitive disability, and receipt of culturally and linguistically appropriate health care services, epilepsy, and heart disease and stroke. Supplemental topics that continue or are enhanced from 2016 pertain to the Affordable Care Act, chronic pain, Crohn's disease and colitis, diabetes, disability and functioning, family food security, ABCS of heart disease and stroke prevention, immunizations, smokeless tobacco and e-cigarettes, vision, and children's mental health. Questions from 2016 on balance and Hepatitis B and C screening have been removed. In addition to these core and supplemental modules, a subsample of NHIS respondents and/or members of commercial survey panels may be identified to participate in short, web-based methodological and cognitive testing activities that will inform the upcoming 2018 NHIS questionnaire redesign. The aims of these standalone assessments include pilot testing new and/or updated questionnaire items, evaluating the impact of different categorical response option formats on answer choices, and measuring respondent comprehension of health care-related terms and concepts.

    In accordance with the 1995 initiative to increase the integration of surveys within the DHHS, respondents to the NHIS serve as the sampling frame for the Medical Expenditure Panel Survey conducted by the Agency for Healthcare Research and Quality. The NHIS has long been used by government, academic, and private researchers to evaluate both general health and specific issues, such as smoking, diabetes, health care coverage, and access to health care. It is a leading source of data for the Congressionally-mandated “Health US” and related publications, as well as the single most important source of statistics to track progress toward the National Health Promotion and Disease Prevention Objectives, “Healthy People 2020.”

    There is no cost to the respondents other than their time. The estimated annualized burden hours for this data collection are 502 hours.

    Estimated Annualized Burden Hours Type of Respondent Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total
  • burden
  • (in hours)
  • Adult Family Member Family Core 45,000 1 23/60 17,250 Sample Adult Adult Core 36,000 1 15/60 9,000 Adult Family Member Child Core 14,000 1 10/60 2,333 Adult Family Member Supplements 45,000 1 15/60 15,000 Adult Family Member Methodological Projects 15,000 1 30/60 5,000 Adult Family Member Re-interview Survey 5,000 1 5/60 417 Total 49,000
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2016-17611 Filed 7-25-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30 Day-16-15AUK] Agency Forms Undergoing Paperwork Reduction Act Review

    The Centers for Disease Control and Prevention (CDC) has submitted the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The notice for the proposed information collection is published to obtain comments from the public and affected agencies.

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address any of the following: (a) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) Evaluate 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) Enhance the quality, utility, and clarity of the information to be collected; (d) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses; and (e) Assess information collection costs.

    To request additional information on the proposed project or to obtain a copy of the information collection plan and instruments, call (404) 639-7570 or send an email to [email protected] Written comments and/or suggestions regarding the items contained in this notice should be directed to the Attention: CDC Desk Officer, Office of Management and Budget, Washington, DC 20503 or by fax to (202) 395-5806. Written comments should be received within 30 days of this notice.

    Proposed Project

    Monitoring and Reporting System for the Prescription Drug Overdose Prevention for States Cooperative agreement—New—National Center for Injury Prevention and Control (NCIPC), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    Drug overdose is the leading cause of injury death in the United States. Opioid-prescribing behaviors are associated with an increased risk for morbidity and mortality. While opioid pain relievers can play an important role in the management of some types of pain, the overprescribing of these powerful drugs has fueled a national epidemic of prescription drug abuse and overdose. To reverse this complex epidemic and prevent future overdose, abuse, and misuse, the Centers for Disease Control and Prevention (CDC) provides support to states to improve surveillance. Support and guidance for these programs have been provided through cooperative agreement funding and technical assistance administered by CDC's National Center for Injury Prevention and Control (NCIPC).

    The Centers for Disease Control and Prevention (CDC) seeks new OMB approval to collect information from awardees funded under the Prescription Drug Overdose Prevention for States (CDC-RFA-CE15-1501) cooperative agreement, for program monitoring and improvement among funded state health departments. Awardees will report progress and activity information to CDC on an annual schedule using an Excel-based fillable electronic templates, pre-populated to the extent possible by CDC staff. In Year 1, each awardee will have additional burden related to initial collection of the reporting tools. After completing the initial population of the tools, pertinent information only needs to be updated for each annual report. The same instruments will be used for all information collection and reporting.

    CDC will use the information collected to monitor each awardee's progress and to identify facilitators and challenges to program implementation and achievement of outcomes. Monitoring allows CDC to determine whether an awardee is meeting performance and budget goals and to make adjustments in the type and level of technical assistance provided to them, as needed, to support attainment of their performance measures.

    The total estimated annualized burden for this collection is 812 hours. OMB approval is requested for three years. Participation in the information collection is required as a condition of funding. There are no costs to respondents other than their time.

    Estimated Annualized Burden Hours Type of respondents Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • State and Territorial Health Department Program Awardees Initial population—Annual reporting—Progress Report Tool 29 1 20 Annual reporting—Progress Report Tool 29 1 4 Annual reporting—Plan Tool 29 1 4
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2016-17604 Filed 7-25-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-16-0995; Docket No. CDC-2016-0071] Proposed Data Collection Submitted for Public Comment and Recommendations AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice with comment period.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC), as part of its continuing efforts to reduce public burden and maximize the utility of government information, 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. This notice invites comment on “National Network of Sexually Transmitted Diseases Clinical Prevention Training Centers (NNPTC): Evaluation”. The purpose of this study is to improve sexually transmitted disease care in the United States.

    DATES:

    Written comments must be received on or before September 26, 2016.

    ADDRESSES:

    You may submit comments, identified by Docket No. CDC-2016-0071 by any of the following methods:

    Federal eRulemaking Portal: Regulations.gov. Follow the instructions for submitting comments.

    Mail: Leroy A. Richardson, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329.

    Instructions: All submissions received must include the agency name and Docket Number. All relevant comments received will be posted without change to Regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to Regulations.gov.

    Please note:

    All public comment should be submitted through the Federal eRulemaking portal (Regulations.gov) or by U.S. mail to the address listed above.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact the Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329; phone: 404-639-7570; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below.

    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 collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information.

    Proposed Project

    National Network of Sexually Transmitted Diseases Clinical Prevention Training Centers (NNPTC): Evaluation—OMB No. 0920-0995, Expiration: 10/31/2016—Revision—National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention (NCHHSTP), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    The Centers for Disease Control and Prevention (CDC), Division of HIV/AIDS Prevention requests a revision and 3-year approval of the currently approved information collection request that comprises the NNPTC Abbreviated Health Professional Application for Training (NNPTC Abbreviated HPAT). The NNPTC Abbreviated HPAT will continue to serve as the official training application form used for training activities conducted by the Sexually Transmitted Disease (STD) Prevention Training Centers' (PTCs) grantees funded by the (CDC).

    The PTCs are funded by CDC/Division of STD Prevention (DSTDP) to provide training and capacity-building that includes information, training, technical assistance and technology transfer.

    The PTCs offer classroom and experiential training, web-based training, clinical consultation, and capacity building assistance to maintain and enhance the capacity of health care professionals to control and prevent STDs and HIV. The NNPTC Abbreviated HPAT is used to monitor and evaluate performance and reach of grantees that offer STD and HIV prevention training, training assistance, and capacity building assistance to physicians, nurses, disease intervention specialists, health educators, etc.

    The 4,500 respondents (who will engage in a total of 11,769 respondent instances) represent an average of the number of health professionals trained by PTC grantees during 2015. The evaluation instruments collect data on the impact of the training by the NNPTC. The revision of this data collection is necessary to assess and evaluate the performance of the grantees in delivering training and to standardize training registration processes across the PTCs. The NNPTC Abbreviated HPAT allows CDC grantees to use a single instrument when collecting demographic data from its training and capacity building participants, regarding their: (1) Occupations, professions, and functional roles; (2) principal employment settings; (3) location of their work settings; and (4) programmatic and population foci of their work. The NNPTC Abbreviated HPAT takes approximately 3 minutes to complete. This data collection provides CDC with information to determine whether the training grantees are reaching their target audiences in terms of provider type, the types of organizations in which participants work, the focus of their work and the population groups and geographic areas served.

    The evaluation instruments are used to assess training and capacity-building outcomes (knowledge, confidence, intention to use information, actual changes made as a result of training) immediately after and again 90 days after training events. The evaluation instruments vary based on the type of training offered and take between approximately 16 minutes to complete (for intensive multi-day trainings) to 2 minutes to complete (for short didactic or webinar sessions).

    The CDC's Funding Opportunity Announcement PS 14-1407, NNPTC, requires the collection of national demographic information on grantees' trainees and national evaluation outcomes.

    There are no costs to respondents other than their time. The estimated annualized burden hours for this data collection are 502 hours.

    Estimates of Annualized Burden Type of respondent Form name Number of
  • respondents
  • Number
  • responses per respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total burden hours
    Healthcare Professionals NNPTC Abbreviated Health Professional Application for Training (HPAT) 4,500 1 3/60 225 Healthcare Professionals Intensive Complete Post-Course Evaluation 116 1 16/60 31 Intensive Complete Long-Term Evaluation 36 1 10/60 6 Healthcare Professionals Intensive-Didactic Post-Course Evaluation 166 1 10/60 28 Intensive-Didactic Long-Term Evaluation 58 1 7/60 7 Healthcare Professionals Practicum Post-Course Evaluation 70 1 4/60 5 Practicum Long-Term Evaluation 20 1 3/60 1 Healthcare Professionals Wet Mount Post-Course Evaluation 40 1 3/60 2 Wet Mount Long-Term Evaluation 15 1 2/60 1 Healthcare Professionals STD Tx Guidelines Complete Post-Course Evaluation 548 1 6/60 55 STD Tx Guidelines Complete Long-Term Evaluation 180 1 5/60 15 Healthcare Professionals Short Guidelines Post-Course Evaluation 500 1 3/60 25 Short Guidelines Long-Term Evaluation 160 1 3/60 8 Healthcare Professionals Basic Post-Course Evaluation 150 1 2/60 5 Basic Long-Term Evaluation 50 1 2/60 2 Healthcare Professionals Immediate Post-Course email invitation 4,500 1 1/60 75 Healthcare Professionals 3 Month Long-Term email invitation 660 1 1/60 11 Total 502
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2016-17603 Filed 7-25-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-16-0612; Docket No. CDC-2016-0070] Proposed Data Collection Submitted for Public Comment and Recommendations AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC), as part of its continuing efforts to reduce public burden and maximize the utility of government information, 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. This notice invites comment on the Well-Integrated Screening and Evaluation for Women Across the Nation (WISEWOMAN) Reporting System. The WISEWOMAN program aims to reduce cardiovascular disease in women ages 40-64 by providing screening services, referrals to medical care, and lifestyle intervention programs.

    DATES:

    Written comments must be received on or before September 26, 2016.

    ADDRESSES:

    You may submit comments, identified by Docket No. CDC-2016-0070 by any of the following methods:

    Federal eRulemaking Portal: Regulations.gov. Follow the instructions for submitting comments.

    Mail: Leroy A. Richardson, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329.

    Instructions: All submissions received must include the agency name and Docket Number. All relevant comments received will be posted without change to Regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to Regulations.gov. Please note: All public comment should be submitted through the Federal eRulemaking portal (Regulations.gov) or by U.S. mail to the address listed above.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact the Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-D74, Atlanta, Georgia 30329; phone: 404-639-7570; Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below.

    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 collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information, to search data sources, to complete and review the collection of information; and to transmit or otherwise disclose the information.

    Proposed Project

    Well-Integrated Screening and Evaluation for Women across the Nation (WISEWOMAN) Reporting System (OMB No. 0920-0612, exp. 12/31/2016)—Extension—National Center for Chronic Disease Prevention and Health Promotion (NCCDPHP), Centers for Disease Control and Prevention (CDC).

    Background and Brief Description

    The WISEWOMAN program (Well-Integrated Screening and Evaluation for Women Across the Nation), sponsored by the CDC, was established to examine ways to improve the delivery of services for women who have limited access to health care and elevated risk factors for cardiovascular disease (CVD). The program focuses on reducing CVD risk factors and provides screening services for selected risk factors such as elevated blood cholesterol, hypertension, and abnormal blood glucose levels. The program also provides women with referrals to lifestyle programs and medical care. The WISEWOMAN program provides services to women who are jointly enrolled in the National Breast and Cervical Cancer Early Detection Program (NBCCEDP), also administered by CDC.

    The WISEWOMAN program is administered by state health departments and tribal programs. In 2013, new cooperative agreements were awarded under Funding Opportunity Announcement DP13-1302. These awards are currently in the final year of funding, but may be extended by CDC for one additional year, subject to the availability of funds.

    CDC collects two types of information from WISEWOMAN awardees. The hardcopy Annual Progress Report provides a narrative summary of each awardee's objectives and the activities undertaken to meet program goals. The estimated burden per response is 16 hours.

    In addition, each WISEWOMAN awardee submits an electronic data file to CDC twice per year. The Minimum Data Elements (MDE) file contains de-identified, client-level information about the cardiovascular disease risk factors of women served by the program, and the number and type of lifestyle program sessions they attend. The estimated burden per response for the MDE file is 24 hours.

    CDC seeks a one-year extension to enable reporting for the final year of activities funded under the current cooperative agreement and the option year, subject to the availability of funds. There are no changes to the information collected, the burden per response, reporting frequency, the number of awardees, or the total annualized burden hours.

    CDC will continue to use the information collected from WISEWOMAN awardees to support program monitoring and improvement activities, evaluation, and assessment of program outcomes. The overall program evaluation is designed to demonstrate how WISEWOMAN can obtain more complete health data on vulnerable populations, promote public education about disease incidence, cardiovascular disease risk-factors, health promotion, improve the availability of screening and diagnostic services for under-served women, ensure the quality of services provided to underserved women, and develop strategies for improved interventions.

    OMB approval is requested for one year. Participation in this information collection is required as a condition of cooperative agreement funding. There are no costs to respondents other than their time. The total annualized burden hours are 1,344.

    Estimated Annualized Burden Hours Type of respondents Form name Number of
  • respondents
  • Number of
  • responses per respondent
  • Average
  • burden per
  • response
  • (in hrs.)
  • Total burden
  • (in hrs.)
  • WISEWOMAN Awardees Screening and Assessment and Lifestyle Program MDEs 21 2 24 1,008 Annual Progress Report 21 1 16 336 Total 1,344
    Leroy A. Richardson, Chief, Information Collection Review Office, Office of Scientific Integrity, Office of the Associate Director for Science, Office of the Director, Centers for Disease Control and Prevention.
    [FR Doc. 2016-17602 Filed 7-25-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request

    Title: Phase II Evaluation Activities for Implementing a Next Generation Evaluation Agenda for the Chafee Foster Care Independence Program.

    OMB No.: New Collection.

    Description: The Administration for Children and Families (ACF), Office of Planning Research and Evaluation (OPRE) is proposing an information collection activity as part of the Phase II Evaluation Activities for Implementing a Next Generation Evaluation Agenda for the Chafee Foster Care Independence Program. The proposed information collection consists of site visits by staff from the Urban Institute and Chapin Hall at the University of Chicago to conduct formative evaluations of programs serving transition-age foster youth. The evaluations will include preliminary visits to discuss the evaluation process with program administrators. Then, the research team will conduct site visits to each program to speak with program leaders, partners and key stakeholders, front-line staff, and participants. These formative evaluations will determine programs' readiness for more rigorous evaluation in the future. The activities and products from this project will help ACF to fulfill their ongoing legislative mandate for program evaluation specified in the Foster Care Independence Act of 1999.

    Respondents: Program leaders, partners and stakeholders, and frontline staff as well as young adults being served by the programs.

    Annual Burden Estimates Instrument Total number of respondents Annual
  • number of
  • respondents
  • Number of
  • responses per respondent
  • Average
  • burden hours per response
  • Annual burden hours
    Outreach email for discussion with program admin and staff 16 8 1 1 8 Outreach email for Focus Group Recruiters 16 8 1 8 64 Informed Consent and Discussion Guide for program leaders 48 24 4 1 96 Informed Consent and Discussion Guide for program partners and stakeholders 80 40 2 1 80 Informed Consent and Discussion Guide for program front-line staff 128 64 1 1 64 Informed Consent and Focus Group Guide for program participants 200 100 1 2 200 Compilation and Submission of Administrative Data 24 12 2 12 288

    Estimated Total Annual Burden Hours: 800.

    Additional Information: Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 330 C Street SW., Washington, DC 20201, Attn: OPRE Reports Clearance Officer. All requests should be identified by the title of the information collection. Email address: [email protected]

    OMB Comment: OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following: Office of Management and Budget, Paperwork Reduction Project, Email: [email protected], Attn: Desk Officer for the Administration for Children and Families.

    Robert Sargis, ACF Certifying Officer.
    [FR Doc. 2016-17618 Filed 7-25-16; 8:45 am] BILLING CODE 4184-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2004-N-0451] Food and Drug Administration Modernization Act of 1997: Modifications to the List of Recognized Standards, Recognition List Number: 044 AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is announcing a publication containing modifications the Agency is making to the list of standards FDA recognizes for use in premarket reviews (FDA Recognized Consensus Standards). This publication, entitled Modifications to the List of Recognized Standards, Recognition List Number: 044 (Recognition List Number: 044), will assist manufacturers who elect to declare conformity with consensus standards to meet certain requirements for medical devices.

    DATES:

    Submit electronic or written comments concerning this document at any time. These modifications to the list of recognized standards are effective July 26, 2016.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2004-N-0451 for “Food and Drug Administration Modernization Act of 1997: Modifications to the List of Recognized Standards, Recognition List Number: 044.” Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday. FDA will consider any comments received in determining whether to amend the current listing of modifications to the list of recognized standards, Recognition List Number: 043.

    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on http://www.regulations.gov. Submit both copies to the Division of Dockets Management. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.

    Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    An electronic copy of Recognition List Number: 044 is available on the Internet at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/Standards/ucm123792.htm. See section VI of this document for electronic access to the searchable database for the current list of FDA recognized consensus standards, including Recognition List Number: 044 modifications and other standards related information. Submit written requests for a single hard copy of the document entitled “Modifications to the List of Recognized Standards, Recognition List Number: 044” to Scott A. Colburn, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5514, Silver Spring, MD 20993. Send one self-addressed adhesive label to assist that office in processing your request, or fax your request to 301-847-8149.

    FOR FURTHER INFORMATION CONTACT:

    Scott A. Colburn, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 5514, Silver Spring, MD 20993, 301-796-6287, [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    Section 204 of the Food and Drug Administration Modernization Act of 1997 (FDAMA) (Pub. L. 105-115) amended section 514 of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360d). Amended section 514 allows FDA to recognize consensus standards developed by international and national organizations for use in satisfying portions of device premarket review submissions or other requirements.

    In a notice published in the Federal Register of February 25, 1998 (63 FR 9561), FDA announced the availability of a guidance entitled “Recognition and Use of Consensus Standards.” The notice described how FDA would implement its standard recognition program and provided the initial list of recognized standards.

    Modifications to the initial list of recognized standards, as published in the Federal Register, can be accessed at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/Standards/ucm123792.htm.

    These notices describe the addition, withdrawal, and revision of certain standards recognized by FDA. The Agency maintains hypertext markup language (HTML) and portable document format (PDF) versions of the list of FDA Recognized Consensus Standards. Both versions are publicly accessible at the Agency's Internet site. See section VI of this document for electronic access information. Interested persons should review the supplementary information sheet for the standard to understand fully the extent to which FDA recognizes the standard.

    II. Modifications to the List of Recognized Standards, Recognition List Number: 044

    FDA is announcing the addition, withdrawal, correction, and revision of certain consensus standards the Agency will recognize for use in premarket submissions and other requirements for devices. FDA will incorporate these modifications in the list of FDA Recognized Consensus Standards in the Agency's searchable database. FDA will use the term “Recognition List Number: 044” to identify these current modifications.

    In table 1, FDA describes the following modifications: (1) The withdrawal of standards and their replacement by others, if applicable; (2) the correction of errors made by FDA in listing previously recognized standards; and (3) the changes to the supplementary information sheets of recognized standards that describe revisions to the applicability of the standards.

    In section III, FDA lists modifications the Agency is making that involve the initial addition of standards not previously recognized by FDA.

    Table 1—Modifications to the List of Recognized Standards Old recognition No. Replacement recognition No. Title of standard 1 Change A. Biocompatibility 2-93 ASTM F763-04 (Reapproved 2010) Standard Practice for Short-Term Screening of Implant Materials Extent of recognition, Relevant guidance. 2-94 ASTM F981-04 (Reapproved 2010) Standard Practice for Assessment of Compatibility of Biomaterials for Surgical Implants with Respect to Effect of Materials on Muscle and Bone Extent of recognition, Relevant guidance. 2-114 ASTM F1877-05 (Reapproved 2010) Standard Practice for Characterization of Particles Extent of recognition, Relevant guidance. 2-117 2-226 ANSI/AAMI/ISO 10993-3:2014 Biological evaluation of medical devices—Part 3: Tests for genotoxicity, carcinogenicity, and reproductive toxicity Withdrawn and replaced with newer version. 2-118 ANSI/AAMI/ISO 10993-11:2006/(R) 2014 Biological evaluation of medical devices—Part 11: Tests for systemic toxicity Reaffirmation, Extent of recognition, Relevant guidance. 2-119 ASTM F813-07 (Reapproved 2012) Standard Practice for Direct Contact Cell Culture Evaluation of Materials for Medical Devices Extent of recognition, Relevant guidance. 2-120 ANSI/AAMI/ISO 10993-6:2007/(R) 2014 Biological evaluation of medical devices—Part 6: Tests for local effects after implantation Reaffirmation, Extent of recognition, Relevant guidance. 2-122 ASTM F719-81 (Reapproved 2012) Standard Practice for Testing Biomaterials in Rabbits for Primary Skin Irritation Extent of recognition, Relevant guidance. 2-124 ASTM F750-87 (Reapproved 2012) Standard Practice for Evaluating Material Extracts By Systemic Injection in the Mouse Extent of recognition, Relevant guidance. 2-126 ASTM F748-06 (Reapproved 2010) Standard Practice for Selecting Generic Biological Test Methods for Materials and Devices Extent of recognition, Relevant guidance. 2-133 ASTM F1408-97 (Reapproved 2013) Standard Practice for Subcutaneous Screening Test for Implant Materials Extent of recognition, Relevant guidance. 2-134 ASTM F2065-00 (Reapproved 2010) Standard Practice for Testing for Alternative Pathway Complement Activation in Serum by Solid Materials Extent of recognition, Relevant guidance. 2-136 ASTM E1262-88 (Reapproved 2013) Standard Guide for Performance of Chinese Hamster Ovary Cell/Hypoxanthine Guanine Phosphoribosyl Transferase Gene Mutation Assay Extent of recognition, Relevant guidance. 2-141 ASTM F1984-99 (Reapproved 2013) Standard Practice for Testing for Whole Complement Activation in Serum by Solid Materials Extent of recognition, Relevant guidance. 2-142 2-227 ASTM F1983-14 Standard Practice for Assessment of Selected Tissue Effects of Absorbable Biomaterials for Implant Applications Withdrawn and replaced with newer version. 2-145 ASTM F1439-03 (Reapproved 2013) Standard Guide for Performance of Lifetime Bioassay for the Tumorigenic Potential of Implant Materials Extent of recognition, Relevant guidance. 2-153 ANSI/AAMI/ISO 10993-5:2009/(R) 2014 Biological evaluation of medical devices—Part 5: Tests for in vitro cytotoxicity Extent of recognition, Relevant guidance. 2-155 ASTM F2147-01 (Reapproved 2010) Standard Practice for Guinea Pig: Split Adjuvant and Closed Patch Testing for Contact Allergens Extent of recognition, Relevant guidance. 2-156 ANSI/AAMI 10993-1:2009/(R) 2013 Biological evaluation of medical devices—Part 1: Evaluation and testing within a risk management process [Including: Technical Corrigendum 1 (2010)] Extent of recognition, Relevant guidance. 2-162 ASTM F1903-10 Standard Practice for Testing For Biological Responses to Particles In Vitro Extent of recognition, Relevant guidance. 2-163 ANSI/AAMI/ISO 10993-9: 2009/(R) 2014 Biological evaluation of medical devices—Part 9: Framework for identification and quantification of potential degradation products Reaffirmation, Extent of recognition, Relevant guidance. 2-165 ANSI/AMMI/ISO 10993-14:2001/(R) 2011, Biological evaluation of medical devices—Part 14: Identification and quantification of degradation products form ceramics Relevant guidance. 2-167 ISO TS 10993-19 First edition 2006-06-01 Biological evaluation of medical devices—Part 19: Physio-chemical, morphological and topographical characterization of materials Extent of recognition, Relevant guidance. 2-168 ISO 10993-9 Second edition 2009-12-15 Biological evaluation of medical devices—Part 9: Framework for identification and quantification of potential degradation products Extent of recognition, Relevant guidance. 2-169 ISO 10993-13 Second edition 2010-06-15, Biological evaluation of medical devices—Part 13: Identification and quantification of degradation products from polymeric medical devices Extent of recognition, Relevant guidance. 2-170 ISO 10993-14 First edition 2001-11-15, Biological evaluation of medical devices—Part 14: Identification and quantification of degradation products from ceramics Relevant guidance. 2-171 ISO 10993-16 Second edition 2010-02-15, Biological evaluation of medical devices—Part 16: Toxicokinetic study design for degradation products and leachables Relevant guidance. 2-172 ANSI/AAMI/ISO TIR 10993-19:2006 Biological evaluation of medical devices—Part 19: Physicochemical, morphological, and topographical characterization of materials Extent of recognition, Relevant guidance. 2-173 ANSI/AAMI/ISO 10993-10:2010/(R) 2014 Biological evaluation of medical devices—Part 10: Tests for irritation and skin sensitization Reaffirmation, Extent of recognition, Relevant guidance. 2-174 ISO 10993-10 Third Edition 2010-08-01 Biological evaluation of medical devices—Part 10: Tests for irritation and skin sensitization Extent of recognition, Relevant guidance. 2-175 2-228 ISO 10993-3:2014 Third edition 2014-10-1 Biological evaluation of medical devices—Part 3: Tests for genotoxicity, carcinogenicity, and reproductive toxicity Withdrawn and replaced with newer version. 2-176 ISO 10993-11 Second edition 2006-08-15 Biological evaluation of medical devices—Part 11: Tests for systemic toxicity Extent of recognition, Relevant guidance. 2-177 ISO 10993-06 Second edition 2007-04-15 Biological evaluation of medical devices—Part 6: Tests for local effects after implantation Extent of recognition, Relevant guidance. 2-180 ANSI/AAMI/ISO 10993-16:2010/(R) 2014, Biological evaluation of medical devices—Part 16: Toxicokinetic study design for degradation products and leachables from medical devices Relevant guidance. 2-189 ASTM F895-11 Standard Test Method for Agar Diffusion Cell Culture Screening for Cytotoxicity Extent of recognition, Relevant guidance. 2-190 ANSI/AAMI/ISO 10993-13:2010/(R) 2014 Biological evaluation of medical devices—Part 13: Identification and quantification of degradation products from polymeric medical devices Reaffirmation, Extent of recognition, Relevant guidance. 2-191 ISO 10993-12 Fourth edition 2012-07-01 Biological evaluation of medical devices—Part 12: Sample preparation and reference materials Extent of recognition, Relevant guidance. 2-197 ASTM F749-13 Standard Practice for Evaluating Material Extracts by Intracutaneous Injection in the Rabbit Extent of recognition, Relevant guidance. 2-198 ANSI/AAMI/ISO 10993-12:2012 Biological evaluation of medical devices—Part 12: Sample preparation and reference materials Extent of recognition, Relevant guidance. 2-204 ASTM F720-13 Standard Practice for Testing Guinea Pigs for Contact Allergens: Guinea Pig Maximization Test Extent of recognition, Relevant guidance. 2-206 ASTM F2148-13 Standard Practice for Evaluation of Delayed Contact Hypersensitivity Using the Murine Local Lymph Node Assay (LLNA) Extent of recognition, Relevant guidance. 2-207 ASTM F756-13 Standard Practice for Assessment of Hemolytic Properties of Materials Extent of recognition, Relevant guidance. 2-213 ASTM F1904-14 Standard Practice for Testing the Biological Responses to Particles In Vivo Extent of recognition, Relevant guidance. 2-214 ASTM F619-14 Standard Practice for Extraction of Medical Plastics Extent of recognition, Relevant guidance. 2-215 2-229 USP 39-NF34:2016 <87> Biological Reactivity test, In Vitro—Direct Contact Test Withdrawn and replaced with a newer version. 2-216 2-230 USP 39-NF34:2016 <87> Biological Reactivity Test, In Vitro—Elution Test Withdrawn and replaced with a newer version. 2-217 2-231 USP 39-NF34: 2016 <88> Biological Reactivity Tests, In Vivo Change in title, Withdrawn and replaced with a newer version. 2-218 USP 39-NF34: 2016 <88> Biological Reactivity Tests In Vivo, Classification of Plastics—Intracutaneous Test Withdrawn; See 2-231. 2-219 USP 39-NF34: 2016 <88> Biological Reactivity Tests In Vivo, Classification of Plastics—Systemic Injection Test Withdrawn; See 2-231. 2-220 ISO 10993-1 Fourth edition 2009-10-15 Biological evaluation of medical devices—Part 1: Evaluation and testing within a risk management process [Including: Technical Corrigendum 1 (2010)] Extent of recognition, Relevant guidance. 2-221 ANSI/AAMI/ISO 10993-2:2006/(R) 2014 Biological evaluation of medical devices—Part 2: Animal welfare requirements Extent of recognition, Relevant guidance. 2-222 ISO 10993-2 Second edition 2006-07-15 Biological evaluation of medical devices—Part 2: Animal welfare requirements Extent of recognition, Relevant guidance. 2-223 ASTM F2901-13, Standard guide for selecting tests to evaluate potential neurotoxicity of medical devices Relevant guidance. 2-225 ASTM F2567-06 (Reapproved 2010), Standard practice for testing for classical complement activation in serum by solid materials Relevant guidance. B. Sterility 14-477 2-232 USP 39-NF34:2016 <151> Pyrogen Test Transferred to Biocompatibility; Relevant guidance. 1 All standard titles in this table conform to the style requirements of the respective organizations. III. Listing of New Entries

    In table 2, FDA provides the listing of new entries and consensus standards added as modifications to the list of recognized standards under Recognition List Number: 044.

    Table 2—New Entries to the List of Recognized Standards Recognition No. Title of standard 1 Reference No. and Date A. Biocompatibility 2-233 Standard Test Method for Assessment of Intravascular Medical Device Materials on Partial Thromboplastin Time (PTT) F2382-04 (Reapproved 2010). 2-234 Biological Evaluation of Medical Devices—Part 4: Selection of tests for interaction with blood [Including Amendment 1(2006)] ANSI/AAMI/ISO 10993-4:2002/(R)2013 & A1:2006/(R)2013. 2-235 Biological Evaluation of Medical Devices—Part 4: Selection of tests for interaction with blood [Including Amendment 1(2006)] ISO 10994-4 Second edition 2002-10-15 Amendment 1 2006-07-15. 2-236 Biological evaluation of medical devices—Part 17: Establishment of allowable limits for leachable substances ANSI/AAMI/ISO 10993-17:2002/(R)2012. 2-237 Biological evaluation of medical devices—Part 17: Establishment of allowable limits for leachable substances ISO 10993-17 First edition 2002-12-01. 2-238 Biological evaluation of medical devices—Part 18: Chemical characterization of materials ANSI/AAMI BE 83: 2006/(R)2011. 2-239 Biological evaluation of medical devices—Part 20: Principles and methods for immunotoxicology testing of medical devices ANSI/AAMI/ISO TIR 10993-20:2006. 2-240 Biological evaluation of medical devices—Part 20: Principles and methods for immunotoxicology testing of medical devices ISO/TS 10993-20 First edition 2006-08-01. 2-241 Cardiovascular biological evaluation of medical devices—Guidance for absorbable implants ISO/TR 37137 First edition 2014-05-15. 2-242 Cardiovascular biological evaluation of medical devices—Guidance for absorbable implants ANSI/AAMI/ISO TR 37137: 2014. 2-243 Biological evaluation of medical devices—Part 33: Guidance on tests to evaluate genotoxicity ISO/TR 10993-33:2015 First edition 2015-03-01. 1 All standard titles in this table conform to the style requirements of the respective organizations. IV. List of Recognized Standards

    FDA maintains the Agency's current list of FDA Recognized Consensus Standards in a searchable database that may be accessed directly at FDA's Internet site at http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfStandards/search.cfm. FDA will incorporate the modifications and revisions described in this notice into the database and, upon publication in the Federal Register, this recognition of consensus standards will be effective. FDA will announce additional modifications and revisions to the list of recognized consensus standards, as needed, in the Federal Register once a year, or more often if necessary. Beginning with Recognition List 033, FDA no longer announces minor revisions to the list of recognized consensus standards such as technical contact person, devices affected, processes affected, Code of Federal Regulations citations, and product codes.

    V. Recommendation of Standards for Recognition by FDA

    Any person may recommend consensus standards as candidates for recognition under section 514 of the FD&C Act by submitting such recommendations, with reasons for the recommendation, to [email protected] To be properly considered, such recommendations should contain, at a minimum, the following information: (1) Title of the standard, (2) any reference number and date, (3) name and address of the national or international standards development organization, (4) a proposed list of devices for which a declaration of conformity to this standard should routinely apply, and (5) a brief identification of the testing or performance or other characteristics of the device(s) that would be addressed by a declaration of conformity.

    VI. Electronic Access

    You may obtain a copy of “Guidance on the Recognition and Use of Consensus Standards” by using the Internet. The Center for Devices and Radiological Health (CDRH) maintains a site on the Internet for easy access to information including text, graphics, and files that you may download to a personal computer with access to the Internet. Updated on a regular basis, the CDRH home page, http://www.fda.gov/MedicalDevices, includes a link to standards-related documents including the guidance and the current list of recognized standards. After publication in the Federal Register, this notice announcing “Modification to the List of Recognized Standards, Recognition List Number: 044” will be available at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/Standards/ucm123792.htm. You may access “Guidance on the Recognition and Use of Consensus Standards,” and the searchable database for “FDA Recognized Consensus Standards” at http://www.fda.gov/MedicalDevices/DeviceRegulationandGuidance/Standards.

    Dated: July 19, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-17570 Filed 7-25-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2013-N-0190] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Requirements Under the Comprehensive Smokeless Tobacco Health Education Act of 1986, as Amended by the Family Smoking Prevention and Tobacco Control Act AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

    DATES:

    Fax written comments on the collection of information by August 25, 2016.

    ADDRESSES:

    To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, FAX: 202-395-7285, or emailed to [email protected] All comments should be identified with the OMB control number 0910-0671. Also include the FDA docket number found in brackets in the heading of this document.

    FOR FURTHER INFORMATION CONTACT:

    FDA PRA Staff, Office of Operations, Food and Drug Administration, Three White Flint North, 10A63, 11601 Landsdown St., North Bethesda, MD 20852, [email protected]

    SUPPLEMENTARY INFORMATION:

    In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance.

    Requirements Under the Comprehensive Smokeless Tobacco Health Education Act of 1986, as Amended by the Family Smoking Prevention and Tobacco Control Act (OMB Control Number 0910-0671)—Extension

    The Family Smoking Prevention and Tobacco Control Act (the Tobacco Control Act) was enacted on June 22, 2009, amending the Federal Food, Drug, and Cosmetic Act and providing FDA with the authority to regulate tobacco products (Pub. L. 111-31; 123 Stat. 1776). Section 3 of the Comprehensive Smokeless Tobacco Health Education Act of 1986 (the Smokeless Tobacco Act) (15 U.S.C. 4402), as amended by section 204 of the Tobacco Control Act, requires, among other things, that all smokeless tobacco product packages and advertisements bear one of four required warning statements. Section 3(b)(3)(A) of the Smokeless Tobacco Act requires that the warnings be displayed on packaging and advertising for each brand of smokeless tobacco “in accordance with a plan submitted by the tobacco product manufacturer, importer, distributor, or retailer” to, and approved by, FDA.

    This information collection-the submission to FDA of warning plans for smokeless tobacco products is statutorily mandated. The warning plans will be reviewed by FDA, as required by the Smokeless Tobacco Act, to determine whether the companies' plans for the equal distribution and display of warning statements on packaging and the quarterly rotation of warning statements in advertising for each brand of smokeless tobacco products comply with section 3 of the Smokeless Tobacco Act, as amended.

    Based on the Federal Trade Commission's (FTC's) previous experience with the submission of warning plans and FDA's experience, FDA estimates that there are 52 companies affected by this information collection. To account for the entry of new smokeless tobacco companies that may be affected by this information collection, FDA is conservatively estimating the total number of annual respondents to this collection of information to be 100.

    When the FTC requested an extension of their approved warning plan information collection in 2007, based on over 20 years implementing the warning plan requirements and taking into account increased computerization and improvements in electronic communication, the FTC estimated submitting an initial plan would take 60 hours. Based on FDA's experience over the past several years, FDA believes the estimate of 60 hours to complete an initial rotational plan continues to be reasonable.

    FDA estimates the burden of this collection of information as follows:

    Table 1—Estimated Annual Reporting Burden 1 Activity Numbers of respondents Numbers of responses per respondent Total annual responses Average burden per
  • response
  • Total hours Total capital costs
    Submission of rotational plans for health warning statements 100 1 100 60 6,000 $1,200 1 There are no operating and maintenance costs associated with this collection of information.

    FDA estimates a total of 100 respondents will respond to this collection of information and take 60 hours to complete a rotational warning plan for a total of 6,000 burden hours. In addition, capital costs are based on 100 respondents mailing in their submission at a postage rate of $12 for a 5-pound parcel (business parcel post mail delivered from the furthest delivery zone). Therefore, FDA estimates that the total postage cost for mailing the rotational warning plans to FDA to be $1,200.

    In the Federal Register of February, 19, 2016 (81 FR 8505), FDA published a 60-day notice requesting public comment on the proposed collection of information. One comment was PRA related comment was received.

    (Comment) The comment believes that warning plans should not be renewed every year, but should remain in force as long as necessary after their approval

    (Response) FDA does not require that a previously FDA-approved warning plan be resubmitted. FDA reviews and approves warning plans only once, unless a submitter seeks to change the distribution or display of warnings on packages or rotation of warnings in advertisements, in which case the submission would be considered a supplement. The purpose of FDA's proposed extension is to account for the entry of new smokeless tobacco product brands and advertising onto the market place.

    Dated: July 20, 2016. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2016-17569 Filed 7-25-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2016-D-1853] Unique Device Identification System: Form and Content of the Unique Device Identifier; Draft Guidance for Industry and Food and Drug Administration Staff; Availability and Request for Comments AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of availability; request for comments.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing the availability of the draft guidance for industry and FDA staff entitled “Unique Device Identification System: Form and Content of the Unique Device Identifier (UDI).” When finalized, this draft document will define the expected content and forms of the unique device identifier (UDI), to assist both labelers and FDA-accredited issuing agencies better ensure the UDIs developed under systems for the issuance of UDIs are in compliance with the unique device identification system rule (UDI Rule). This draft guidance is not the final version of the guidance nor is it in effect at this time.

    DATES:

    Although you can comment on any guidance at any time (see 21 CFR 10.115(g)(5)), to ensure that the Agency considers your comment of this draft guidance before it begins work on the final version of the guidance, submit either electronic or written comments on the draft guidance by September 26, 2016.

    ADDRESSES:

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to http://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on http://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2016-D-1853 for “Unique Device Identification System: Form and Content of the Unique Device Identifier (UDI).” Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential informat