Federal Register Vol. 81, No.160,

Federal Register Volume 81, Issue 160 (August 18, 2016)

Page Range55105-55349
FR Document

81_FR_160
Current View
Page and SubjectPDF
81 FR 55240 - Sunshine Act Meetings; Amended NoticePDF
81 FR 55109 - Delegation of Authority Under Section 614(a)(1) of the Foreign Assistance Act of 1961PDF
81 FR 55107 - Continuation of U.S. Drug Interdiction Assistance to the Government of ColombiaPDF
81 FR 55202 - Sunshine Act MeetingPDF
81 FR 55105 - Delegation of Functions and Authorities Under the Protect and Preserve International Cultural Property ActPDF
81 FR 55231 - Government in the Sunshine Act Meeting NoticePDF
81 FR 55153 - Hunting and FishingPDF
81 FR 55190 - Program Requirement Revisions Related to the Public Water System Supervision Programs for the Commonwealth of Massachusetts, the State of Rhode Island and the State of VermontPDF
81 FR 55194 - Lambda-Cyhalothrin; Receipt of Application for Emergency Exemption, Solicitation of Public CommentPDF
81 FR 55156 - Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Revisions to the Utah Division of Administrative Rules, R307-300 Series; Area Source Rules for Attainment of Fine Particulate Matter StandardsPDF
81 FR 55258 - Culturally Significant Objects Imported for Exhibition Determinations: “A Feast for the Senses: Art and Experience in Medieval Europe” ExhibitionPDF
81 FR 55258 - Culturally Significant Objects Imported for Exhibition Determinations: “Monumental Lhasa: Fortress, Palace, Temple” ExhibitionPDF
81 FR 55191 - Pesticide Product Registrations; Receipt of Applications for New Active IngredientsPDF
81 FR 55256 - California Disaster #CA-00250PDF
81 FR 55256 - Maryland Disaster #MD-00033PDF
81 FR 55195 - Pesticide Product Registrations; Receipt of Applications for New UsesPDF
81 FR 55192 - Pesticide Product Registration; Receipt of Applications for New Uses and New Active IngredientsPDF
81 FR 55256 - Wisconsin Disaster #WI-00052PDF
81 FR 55188 - Combined Notice of Filings #1PDF
81 FR 55187 - Benton Falls Associates, New York LP, Everett E. Whitman; Notice of Application for Transfer of License and Soliciting Comments, Motions To Intervene, and ProtestsPDF
81 FR 55187 - Innovative Solar 31, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
81 FR 55186 - Notice of Request Under Blanket Authorization: WBI Energy Transmission, Inc.PDF
81 FR 55185 - Natural Gas Pipeline Company of America, LLC; Notice of ApplicationPDF
81 FR 55189 - Notice of Schedule for Environmental Review of the Atlantic Coast Pipeline and the Supply Header ProjectPDF
81 FR 55189 - Combined Notice of Filings #2PDF
81 FR 55181 - Permanent Advisory Committee To Advise the U.S. Commissioners to the Western and Central Pacific Fisheries Commission; Meeting AnnouncementPDF
81 FR 55258 - Culturally Significant Objects Imported for Exhibition Determinations: “Francis Picabia: Our Heads Are Round so Our Thoughts Can Change Direction” ExhibitionPDF
81 FR 55259 - Petition for Waiver of CompliancePDF
81 FR 55200 - Information Collection Being Submitted for Emergency Review and Approval to the Office of Management and BudgetPDF
81 FR 55166 - Petitions for Reconsideration and Clarification of Action in Rulemaking ProceedingPDF
81 FR 55152 - Accessibility of User Interfaces, and Video Programming Guides and MenusPDF
81 FR 55199 - Information Collection Being Submitted for Review and Approval to the Office of Management and BudgetPDF
81 FR 55257 - Culturally Significant Objects Imported for Exhibition Determinations: “Spreading Canvas: Eighteenth-Century British Marine Painting” ExhibitionPDF
81 FR 55166 - Petition for Reconsideration and Clarification of Action in Rulemaking ProceedingPDF
81 FR 55184 - Intent To Prepare a Draft Environmental Impact Statement for the Proposed Flood Risk Management Project for the Souris River Basin, North DakotaPDF
81 FR 55171 - Secretary's Advisory Committee on Animal Health; MeetingPDF
81 FR 55202 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
81 FR 55203 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
81 FR 55235 - NASA Advisory Council; Science Committee; Earth Science Subcommittee; MeetingPDF
81 FR 55171 - Notice of Request for a Revision to and Extension of Approval of an Information Collection; TuberculosisPDF
81 FR 55206 - Meeting Announcement for the Physician-Focused Payment Model Technical Advisory Committee Required by the Medicare Access and CHIP Reauthorization Act (MACRA) of 2015PDF
81 FR 55204 - Meeting Announcement for the Technical Advisory Panel on Medicare Trustee ReportsPDF
81 FR 55237 - South Carolina Electric & Gas Company and South Carolina Public Service Authority; Virgil C. Summer Nuclear Station Units 2 and 3PDF
81 FR 55231 - Large Residential Washers From China; Scheduling of the Final Phase of an Antidumping Duty InvestigationPDF
81 FR 55226 - Notice of Federal Competitive Coal Lease Sale, Greens Hollow Tract, Utah (Coal Lease Application UTU-84102)PDF
81 FR 55182 - The Incentives, Benefits, Costs, and Challenges to IPv6 ImplementationPDF
81 FR 55260 - Agency Information Collection Activities: Submission for OMB Review; Joint Comment RequestPDF
81 FR 55170 - Office of the Under Secretary, Research, Education, and Economics; Notice of the Advisory Committee on Biotechnology and 21st Century Agriculture MeetingPDF
81 FR 55185 - Environmental Management Site-Specific Advisory Board, Oak Ridge ReservationPDF
81 FR 55258 - Kokomo Rail Co., Inc.-Acquisition and Operation Exemption-Rail Line of Indian Creek Railroad CompanyPDF
81 FR 55223 - Endangered Species; Receipt of Applications for PermitPDF
81 FR 55172 - Notice of New Fee Site; Federal Lands Recreation Enhancement Act (Title VIII, Pub. L. 108-447)PDF
81 FR 55180 - Pacific Fishery Management Council; Public MeetingPDF
81 FR 55181 - Mid-Atlantic Fishery Management Council (MAFMC); Public MeetingsPDF
81 FR 55175 - Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active SonarPDF
81 FR 55241 - Privacy Act of 1974, Computer Matching Program-United States Postal Service and the Defense Manpower Data Center, Department of DefensePDF
81 FR 55225 - Filing of Plats of Survey, Nebraska and WyomingPDF
81 FR 55241 - Product Change-Priority Mail Negotiated Service AgreementPDF
81 FR 55233 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Allseen Alliance, Inc.PDF
81 FR 55233 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Automotive Security Review Board, Inc.PDF
81 FR 55240 - Product Change-Priority Mail Negotiated Service AgreementPDF
81 FR 55233 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-UHD Alliance, Inc.PDF
81 FR 55166 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Scup Fishery; Framework Adjustment 9PDF
81 FR 55227 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
81 FR 55173 - White River National Forest; Eagle County, CO; Berlaimont Estates Access Route EISPDF
81 FR 55146 - Safety Zone; Tall Ships Duluth 2016-Giant Duck, Lake Superior, Duluth, MNPDF
81 FR 55241 - Product Change-Priority Mail Express Negotiated Service AgreementPDF
81 FR 55241 - Product Change-First-Class Package Service Negotiated Service AgreementPDF
81 FR 55240 - Product Change-Priority Mail and First-Class Package Service Negotiated Service AgreementPDF
81 FR 55174 - Civil Nuclear Trade Advisory Committee: Meeting of the Civil Nuclear Trade Advisory CommitteePDF
81 FR 55234 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Telemanagement ForumPDF
81 FR 55199 - Order Declares JuBe Communications, LLC's International Section 214 Authorization TerminatedPDF
81 FR 55245 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Nasdaq Rule 7018PDF
81 FR 55254 - Self-Regulatory Organizations; ICE Clear Credit LLC; Order Approving Proposed Rule Change To Revise the ICC Treasury Operations Policies and ProceduresPDF
81 FR 55251 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule To Adopt a New Fee in Section V (Technology Fees) of the BOX Fee SchedulePDF
81 FR 55247 - Self-Regulatory Organizations; NYSE Arca, Inc.; Order Instituting Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change Relating to a Change to the Underlying Index for the PowerShares Build America Bond PortfolioPDF
81 FR 55202 - Federal Advisory Committee Act; Communications Security, Reliability, and Interoperability CouncilPDF
81 FR 55208 - Fogarty International Center; Notice of MeetingPDF
81 FR 55180 - Submission for OMB Review; Comment RequestPDF
81 FR 55209 - National Institute of Mental Health; Notice of Closed MeetingsPDF
81 FR 55207 - National Institute of Allergy and Infectious Diseases Notice of Closed MeetingPDF
81 FR 55224 - Exxon Valdez Oil Spill Public Advisory CommitteePDF
81 FR 55177 - Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active SonarPDF
81 FR 55210 - Final Flood Hazard DeterminationsPDF
81 FR 55209 - Final Flood Hazard DeterminationsPDF
81 FR 55149 - Suspension of Community EligibilityPDF
81 FR 55150 - Suspension of Community EligibilityPDF
81 FR 55214 - Changes in Flood Hazard DeterminationsPDF
81 FR 55212 - Final Flood Hazard DeterminationsPDF
81 FR 55213 - Final Flood Hazard DeterminationsPDF
81 FR 55216 - Changes in Flood Hazard DeterminationsPDF
81 FR 55222 - Homeland Security Information Network Advisory Committee; MeetingPDF
81 FR 55206 - Meeting of the Presidential Advisory Council on HIV/AIDSPDF
81 FR 55218 - Final Flood Hazard DeterminationsPDF
81 FR 55220 - Changes in Flood Hazard DeterminationsPDF
81 FR 55205 - Meeting of the Presidential Advisory Council on Combating Antibiotic-Resistant BacteriaPDF
81 FR 55203 - Agency Information Collection Activities: Proposed Collection; Comment RequestPDF
81 FR 55183 - Information Collection; Submission for OMB Review, Comment RequestPDF
81 FR 55235 - Revisions to Design of Structures, Components, Equipment, and Systems Guidance for NRC StaffPDF
81 FR 55257 - U.S. Advisory Commission on Public DiplomacyPDF
81 FR 55155 - Energy Conservation Program: Energy Conservation Standards for Residential DehumidifiersPDF
81 FR 55161 - Harmonizing and Streamlining Rules Concerning Requirements for Licensees to Overcome a CMRS PresumptionPDF
81 FR 55194 - Notice of Availability of Draft NPDES General Permits for Remediation Activity Discharges in Massachusetts and New Hampshire: The Remediation General PermitPDF
81 FR 55185 - Electricity Advisory CommitteePDF
81 FR 55207 - Proposed Collection, 60-Day Comment Request: Certificate of Confidentiality Electronic Application System (OD)PDF
81 FR 55235 - Submission for OMB Review; Comment RequestPDF
81 FR 55133 - Tax on Certain Foreign ProcurementPDF
81 FR 55148 - Federal Management Regulation; Nondiscrimination Clarification in the Federal WorkplacePDF
81 FR 55228 - Potential Commercial Leasing for Wind Power on the Outer Continental Shelf (OCS) Offshore California-Request for InterestPDF
81 FR 55111 - Energy Conservation Program: Test Procedures for Central Air Conditioners and Heat Pumps; CorrectionPDF
81 FR 55265 - Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Acuña Cactus and the Fickeisen Plains CactusPDF
81 FR 55196 - Notice of Draft National Pollutant Discharge Elimination System (NPDES) General Permit for the Eastern Portion of the Outer Continental Shelf (OCS) of the Gulf of Mexico (GEG460000); Availability of Draft Environmental AssessmentPDF
81 FR 55115 - Reciprocal Waivers of Claims for Licensed or Permitted Launch and Reentry ActivitiesPDF
81 FR 55315 - Comprehensive Review of Licensing and Operating Rules for Satellite ServicesPDF

Issue

81 160 Thursday, August 18, 2016 Contents Agriculture Agriculture Department See

Animal and Plant Health Inspection Service

See

Forest Service

NOTICES Meetings: Advisory Committee on Biotechnology and 21st Century Agriculture, 55170-55171 2016-19720
Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Tuberculosis, 55171-55172 2016-19733 Meetings: Secretary's Advisory Committee on Animal Health, 55171 2016-19737 Antitrust Division Antitrust Division NOTICES Membership Changes under the National Cooperative Research and Production Act: AllSeen Alliance, Inc., 55233-55234 2016-19706 Automotive Security Review Board, Inc., 55233 2016-19705 Telemanagement Forum, 55234-55235 2016-19691 UHD Alliance, Inc., 55233 2016-19703 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55203-55204 2016-19656 Coast Guard Coast Guard RULES Safety Zones: Tall Ships Duluth 2016-Giant Duck, Lake Superior, Duluth, MN, 55146-55147 2016-19698 Commerce Commerce Department See

International Trade Administration

See

National Oceanic and Atmospheric Administration

See

National Telecommunications and Information Administration

Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55260-55263 2016-19721 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55183-55184 2016-19655 Defense Department Defense Department See

Engineers Corps

Energy Department Energy Department See

Federal Energy Regulatory Commission

RULES Energy Conservation Program: Test Procedures for Central Air Conditioners and Heat Pumps; Correction, 55111-55115 2016-19227 PROPOSED RULES Energy Conservation Program: Energy Conservation Standards for Residential Dehumidifiers, 55155 2016-19612 NOTICES Charter Renewals: Electricity Advisory Committee, 55185 2016-19525 Meetings: Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation, 55185 2016-19719
Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Proposed Flood Risk Management Project for the Souris River Basin, ND, 55184-55185 2016-19738 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Utah; Area Source Rules for Attainment of Fine Particulate Matter Standards, 55156-55160 2016-19775 NOTICES Applications for Emergency Exemptions: Lambda-Cyhalothrin, 55194-55195 2016-19781 Environmental Assessments; Availability, etc.: National Pollutant Discharge Elimination System General Permit for the Eastern Portion of the Outer Continental Shelf of the Gulf of Mexico, 55196-55199 2016-19099 National Pollutant Discharge Elimination System General Permits: Remediation Activity Discharges in Massachusetts and New Hampshire, 55194 2016-19541 Pesticide Product Registrations: Applications for New Active Ingredients, 55191-55192 2016-19762 Applications for New Uses, 55195-55196 2016-19759 Applications for New Uses and New Active Ingredients, 55192-55194 2016-19758 Public Water System Supervision Programs: Massachusetts, Rhode Island, Vermont, 55190-55191 2016-19786 Federal Aviation Federal Aviation Administration RULES Reciprocal Waivers of Claims for Licensed or Permitted Launch and Reentry Activities, 55115-55133 2016-18765 Federal Communications Federal Communications Commission RULES Accessibility of User Interfaces, and Video Programming Guides and Menus, 55152-55153 2016-19742 Comprehensive Review of Licensing and Operating Rules for Satellite Services, 55316-55349 2016-14800 PROPOSED RULES Petitions for Reconsideration and Clarification of Action in Rulemaking Proceeding, 55166 2016-19739 2016-19743 Requirements for Licensees to Overcome a CMRS Presumption, 55161-55165 2016-19564 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55199-55202 2016-19741 2016-19744 Meetings: Communications Security, Reliability, and Interoperability Council, 55202 2016-19684 Terminations of Authority: JuBe Communications, LLC, 55199-55200 2016-19690 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55260-55263 2016-19721 Meetings; Sunshine Act, 55202 2016-19824 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 55149-55152 2016-19666 2016-19667 NOTICES Flood Hazard Determinations, 55209-55216, 55218-55220 2016-19659 2016-19663 2016-19664 2016-19665 2016-19668 2016-19669 Flood Hazard Determinations; Changes, 55216-55218, 55220-55222 2016-19658 2016-19662 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Natural Gas Pipeline Company of America, LLC, 55185-55186 2016-19752 Combined Filings, 55188-55189 2016-19750 2016-19756 Environmental Review: Atlantic Coast Pipeline, LLC; Dominion Transmission, Inc., Atlantic Coast Pipeline; Supply Header Project, 55189-55190 2016-19751 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Innovative Solar 31, LLC, 55187 2016-19754 License Transfer Applications: Benton Falls Associates, New York LP, Everett E. Whitman, 55187-55188 2016-19755 Requests under Blanket Authorizations: WBI Energy Transmission, Inc., 55186-55187 2016-19753 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waivers of Compliance, 55259 2016-19745 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55260-55263 2016-19721 Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 55203 2016-19735 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 55202-55203 2016-19736 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Acuna Cactus; Fickeisen Plains Cactus: Critical Habitat, 55266-55313 2016-19159 Hunting and Fishing; CFR Correction, 55153-55154 2016-19797 NOTICES Permit Applications: Endangered Species, 55223-55224 2016-19715 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: White River National Forest; Eagle County, CO; Berlaimont Estates Access Route EIS, 55173-55174 2016-19700 New Fee Sites: Tongass National Forest, 55172-55173 2016-19714 General Services General Services Administration RULES Federal Management Regulation; Nondiscrimination Clarification in the Federal Workplace, 55148-55149 2016-19450 Health and Human Health and Human Services Department See

Centers for Medicare & Medicaid Services

See

National Institutes of Health

NOTICES Meetings: Physician-Focused Payment Model Technical Advisory Committee, 55206 2016-19732 Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria, 55205-55206 2016-19657 Presidential Advisory Council on HIV and AIDS, 55206-55207 2016-19660 Technical Advisory Panel on Medicare Trustee Reports, 55204-55205 2016-19731
Homeland Homeland Security Department See

Coast Guard

See

Federal Emergency Management Agency

NOTICES Meetings: Homeland Security Information Network Advisory Committee, 55222-55223 2016-19661
Interior Interior Department See

Fish and Wildlife Service

See

Land Management Bureau

See

National Park Service

See

Ocean Energy Management Bureau

NOTICES Meetings: Exxon Valdez Oil Spill Public Advisory Committee, 55224-55225 2016-19674
Internal Revenue Internal Revenue Service RULES Tax on Certain Foreign Procurement, 55133-55146 2016-19452 International Trade Adm International Trade Administration NOTICES Meetings: Civil Nuclear Trade Advisory Committee, 55174-55175 2016-19692 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Large Residential Washers from China, 55231-55233 2016-19729 Meetings; Sunshine Act, 55231 2016-19806 Justice Department Justice Department See

Antitrust Division

Land Land Management Bureau NOTICES Competitive Coal Lease Sales: Greens Hollow Tract, UT, 55226-55227 2016-19727 Plats of Surveys: Nebraska; Wyoming, 55225-55226 2016-19708 NASA National Aeronautics and Space Administration NOTICES Meetings: NASA Advisory Council Science Committee Earth Science Subcommittee, 55235 2016-19734 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55235 2016-19500 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certificate of Confidentiality Electronic Application System, 55207-55208 2016-19523 Meetings: Fogarty International Center, 55208 2016-19682 National Institute of Allergy and Infectious Diseases, 55207 2016-19679 National Institute of Mental Health, 55209 2016-19680 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Northeastern United States: Scup Fishery; Framework Adjustment 9, 55166-55169 2016-19702 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55180 2016-19681 Meetings: Mid-Atlantic Fishery Management Council, 55181-55182 2016-19712 Pacific Fishery Management Council, 55180-55181 2016-19713 Permanent Advisory Committee to Advise the U.S. Commissioners to the Western and Central Pacific Fisheries Commission, 55181 2016-19747 Takes of Marine Mammals: Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar, 55177-55180 2016-19673 Taking and Importing Marine Mammals: Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar, 55175-55177 2016-19711 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 55227 2016-19701 National Telecommunications National Telecommunications and Information Administration NOTICES Incentives, Benefits, Costs, and Challenges to Internet Protocol Version 6 Implementation, 55182-55183 2016-19722 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemptions: South Carolina Electric and Gas Co. and South Carolina Public Service Authority; Virgil C. Summer Nuclear Station Units 2 and 3, 55237-55240 2016-19730 Standard Review Plans: Design of Structures, Components, Equipment, and Systems; Revisions, 55235-55237 2016-19636 Ocean Energy Management Ocean Energy Management Bureau NOTICES Potential Commercial Leasing for Wind Power on the Outer Continental Shelf Offshore California, 55228-55231 2016-19349 Postal Regulatory Postal Regulatory Commission NOTICES Meetings; Sunshine Act, 55240 2016-19880 Postal Service Postal Service NOTICES Privacy Act; Computer Matching Program, 55241-55245 2016-19710 Product Changes: First-Class Package Service Negotiated Service Agreement, 55241 2016-19694 Priority Mail and First-Class Package Service Negotiated Service Agreement, 55240 2016-19693 Priority Mail Express Negotiated Service Agreement, 55241 2016-19695 Priority Mail Negotiated Service Agreement, 55240-55241 2016-19704 2016-19707 2016-19696 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Colombia; Continuation of Drug Interdiction Assistance (Presidential Determination No. 2016-09 of August 4, 2016), 55107 2016-19832 Foreign Assistance Act of 1961; Delegation of Authority (Memorandum of August 5, 2016), 55109 2016-19837 Protect and Preserve International Cultural Property Act; Delegation of Functions and Authorities (Memorandum of August 1, 2016), 55105 2016-19821 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange LLC, 55251-55254 2016-19687 ICE Clear Credit LLC, 55254-55256 2016-19688 NASDAQ Stock Market LLC, 55245-55247 2016-19689 NYSE Arca, Inc., 55247-55250 2016-19686 Small Business Small Business Administration NOTICES Disaster Declarations: California, 55256 2016-19761 Maryland, 55256-55257 2016-19760 Wisconsin, 55256 2016-19757 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: A Feast for the Senses; Art and Experience in Medieval Europe, 55258 2016-19765 Francis Picabia—Our Heads Are Round so Our Thoughts Can Change Direction, 55258 2016-19746 Monumental Lhasa; Fortress, Palace, Temple, 55258 2016-19763 Spreading Canvas: Eighteenth-Century British Marine Painting, 55257 2016-19740 Meetings: U.S. Advisory Commission on Public Diplomacy, 55257 2016-19632 Surface Transportation Surface Transportation Board NOTICES Acquisitions and Operation Exemptions: Kokomo Rail Co., Inc. from Rail Line of Indian Creek Railroad Co., 55258-55259 2016-19717 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Railroad Administration

Treasury Treasury Department See

Comptroller of the Currency

See

Internal Revenue Service

Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 55266-55313 2016-19159 Part III Federal Communications Commission, 55316-55349 2016-14800 Reader Aids

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

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81 160 Thursday, August 18, 2016 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Parts 429 and 430 [Docket No. EERE-2009-BT-TP-0004] RIN 1904-AB94 Energy Conservation Program: Test Procedures for Central Air Conditioners and Heat Pumps; Correction AGENCY:

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

ACTION:

Final rule; technical correction.

SUMMARY:

On June 8, 2016, the U.S. Department of Energy (DOE) published a final rule in the Federal Register that amended the test procedures for central air conditioners and heat pumps. This final rule corrects multiple editorial errors in that final rule.

DATES:

Effective Date: August 18, 2016.

FOR FURTHER INFORMATION CONTACT:

Ms. Ashley Armstrong, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-6590. Email: [email protected]

Ms. Johanna Jochum, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 287-6307. Email: [email protected]

SUPPLEMENTARY INFORMATION: I. Background

On June 8, 2016, DOE's Office of Energy Efficiency and Renewable Energy published a test procedure final rule in the Federal Register titled, “Test Procedures for Central Air Conditioners and Heat Pumps” (“June 2016 final rule”). 81 FR 36992. Since the publication of that final rule, it has come to DOE's attention that, due to a technical oversight, certain portions of the regulatory text adopted in the June 2016 final rule for 10 CFR part 429 and appendix M to subpart B of 10 CFR part 430 (“appendix M”) contained editorial errors.

As part of that final rule, DOE amended 10 CFR 429.16, which addresses certification of central air conditioners and heat pumps, and 10 CFR 429.70, which addresses alternate efficiency determination methods. This correction addresses editorial errors in § 429.16(a)(1), (d)(1), (d)(2), and (e)(4). Specifically, at § 429.16(a)(1), DOE included a cross reference to paragraph (c)(2) that should have referred to paragraph (b)(2)(i). In § 429.16(d)(1) and (2), DOE mistakenly transposed the words “less” and “greater.” At § 429.16(e)(4), DOE erroneously referred to cubic feet per minute (cfm) instead of cubic feet per minute of standard air (scfm). At § 429.16(e)(4)(viii), DOE failed to remove regulatory text associated with changes to the test procedure for variable speed heat pumps not adopted in the June 2016 final rule that had been proposed on November 9, 2015 in a supplementary notice of proposed rulemaking (“November 2015 SNOPR”). 80 FR 69278. In order to remedy these errors, DOE is issuing this final rule correction to revise the text in these sections.

In addition, the June 2016 final rule revised appendix M to subpart B of 10 CFR part 430 (“appendix M”), which specifies the “Uniform Test Method for the Measurement the Energy Consumption of Central Air Conditioners and Heat Pumps.” This correction also addresses several editorial errors in appendix M.

In section 3.11.1 of appendix M, “If using the outdoor air enthalpy method as the secondary test method,” DOE erroneously numbered two subsections with the number “3.11.1.1.” The second of these two is renumbered to “3.11.1.2.”

In section 4.1 of appendix M, “Seasonal Energy Efficiency Ratio (SEER) Calculations,” DOE erroneously numbered subsection 4.1.3 as “4.1.2.3,” which propagated errors in numbering from that point through the end of section 4.1 and created erroneous cross-references to these sections. Section 4.1.2.3 is renumbered as section “4.1.3,” and the following section numbers through the end of section 4.1 are renumbered accordingly. Additionally, cross-references to the renumbered sections are revised.

Sections 2.11 and 3.19 of appendix M contain errors in the tolerance allowed between temperature measurements. The preamble to the June 2016 final rule states that the maximum allowable temperature difference is 2.0 °F and that it applies to the average measurements for the test period. 81 FR 36991, 37028 (June 8, 2016). In section 2.11, DOE erroneously referred to “maximum difference between readings” rather than adding the clarification discussed in the preamble that “readings” referred to the average temperatures measured during the test period. In section 3.1.9, DOE similarly failed to include the clarifying information on the tolerance and erroneously provided a tolerance of 1.5 °F rather than 2.0 °F. DOE is correcting section 2.11 accordingly and correcting 3.1.9 to refer directly to section 2.11 rather than correcting the provided tolerance.

Tables 8, 9, 15, 16, and 17 of appendix M contained various errors in testing tolerances for external resistance to airflow, airflow nozzle pressure difference, and electric voltage. In the preamble of the June 2016 Final Rule, DOE explained its intention to maintain the external resistance to airflow tolerance at 0.05 inches of water, to maintain the airflow nozzle pressure difference tolerance at 2.0%, and to maintain the electric voltage tolerance at 2.0%. 81 FR 36991, 37036 (June 8, 2016). However, this was not reflected in tables 8, 9, 15, 16 and 17 of appendix M, and the tables are revised to reflect these corrections.

In section 3.13.1.d of appendix M, P2 x was erroneously printed instead of P x in two instances. This section provides instructions for measurement of the indoor unit low voltage power P x, which is later subtracted from the measurement of heating season total off mode power (P2 x) for coil-only split systems and for blower coil split systems for which a furnace or a modular blower is the designated air mover. Instances of P2 x in section 3.13.1.d of appendix M are revised to P x.

Finally, many of the instructions in the final rule that indicate that a default cyclic degradation coefficient is to be used if the tests to determine this value are not conducted, but erroneously did not specify that the default value is to be used if the value determined using the test exceeded the default value. 81 FR 36991, 37033 (June 8, 2016). DOE intended that the default value is to be used if the value determined using the test exceeds the default value for the cyclic degradation coefficient, and is correcting this omission in this final rule correction.

II. Need for Correction

As published, the adopted test procedure text may potentially result in confusion regarding how to correctly conduct DOE's central air conditioners and heat pumps test procedure.

Because this final rule would simply correct errors in the regulatory text without making substantive changes to the test procedures, the changes addressed in this document are technical in nature. Accordingly, DOE finds that there is good cause under 5 U.S.C. 553(b)(B) to not issue a separate notice to solicit public comment on the changes contained in this document. Issuing a separate notice to solicit public comment would be impracticable, unnecessary, and contrary to the public interest.

III. Procedural Requirements

DOE has concluded that the determinations made pursuant to the various procedural requirements applicable to the June 8, 2016 test procedure final rule remain unchanged for this final rule technical correction. These determinations are set forth in the June 8, 2016 final rule. 81 FR 36992.

List of Subjects 10 CFR Part 429

Administrative practice and procedure, Confidential business information, Energy conservation, Reporting and recordkeeping requirements.

10 CFR Part 430

Administrative practice and procedure, Confidential business information, Energy conservation, Energy conservation test procedures, Household appliances, Imports, Incorporation by reference, Intergovernmental relations, Small businesses.

Issued in Washington, DC, on August 5, 2016. Kathleen Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy.

For the reasons stated in the preamble, DOE amends parts 429 and 430 of chapter II of title 10, Code of Federal Regulations to read as follows:

PART 429—CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT 1. The authority citation for part 429 continues to read as follows: Authority:

42 U.S.C. 6291-6317; 28 U.S.C. 2461 note.

§ 429.16 [Amended]
2. Section 429.16 is amended: a. In paragraph (a)(1), in the last row of the table, by removing “(c)(2)” and adding in its place “(b)(2)(i)”; b. In paragraph (d)(1) by removing “less” and adding in its place “greater”; c. In paragraph (d)(2) by removing “greater” and adding in its place “less”; d. In paragraph (e)(4) by: i. Adding “of standard air” after “(in cubic feet per minute”; ii. Removing the two instances of “(cfm)” and adding in its place “(scfm)”; and iii. Removing paragraph (viii).
PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS 3. The authority citation for part 430 continues to read as follows: Authority:

42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

4. Appendix M to subpart B of part 430 is amended by: a. In section 2.11.b(2), first paragraph, last sentence, removing “readings” and adding in its place “average temperatures measured during the test period”; b. Revising section 3.1.9; c. Revising section 3.2.1, introductory text; d. In section 3.2.3.d., adding a sentence after the first sentence; e. In section 3.3, paragraph d., revising Table 8; f. In section 3.5, paragraph h., revising Table 9 and its footnotes; g. In section 3.5.3, adding a sentence after the second sentence; h. Revising section 3.6.3.b., introductory text; i. In section 3.7, paragraph a., revising Table 15; j. In section 3.8.a., removing the sixth sentence; k. In section 3.8.1, adding a sentence after the third sentence and revising Table 16; l. In section 3.9, paragraph f., revising Table 17; m. In section 3.11, redesignating the second section 3.11.1.1 (“Official Test”) as section 3.11.1.2; n. In section 3.13.1.d, removing the two instances of “P2 x” and adding in their places “P x”; o. In section 4.1.1.b, adding a second sentence; p. In section 4.1.2.1.c, adding a second sentence; q. Redesignating sections 4.1.4.1 and 4.1.4.2 as sections 4.1.5.1 and 4.1.5.2, respectively; r. Redesignating section 4.1.4 as section 4.1.5; s. Redesignating sections 4.1.3.1, 4.1.3.2, and 4.1.3.3 as sections 4.1.4.1, 4.1.4.2, and 4.1.4.3, respectively; t. Redesignating section 4.1.3 as section 4.1.4; u. Redesignating section 4.1.2.7 as section 4.1.3.4; v. Redesignating section 4.1.2.6 as section 4.1.3.3; w. Redesignating section 4.1.2.5 as section 4.1.3.2; x. Redesignating section 4.1.2.4 as section 4.1.3.1; y. Redesignating section 4.1.2.3 as section 4.1.3; z. In newly redesignated section 4.1.3.1, revising the equation and related information immediately before Table 18; aa. In newly redesignated section 4.1.4.1, adding a sentence after the last sentence of the section; bb. In section 4.2.1, adding the sentence “Evaluate the heating mode cyclic degradation factor ĊD h as specified in section 3.8.1 of this appendix.”, after “Use Equation 4.2-2 to determine BL(Tj). Obtain fractional bin hours for the heating season, nj/N, from Table 19.”; and cc. In section 4.2.3.1, adding the sentence “Evaluate the heating mode cyclic degradation factor CD h as specified in section 3.8.1 of this appendix.”, after “δ′(Tj) = the low temperature cutoff factor, dimensionless.”;

The revisions and additions read as follows.

Appendix M to Subpart B of Part 430—Uniform Test Method for Measuring the Energy Consumption of Central Air Conditioners and Heat Pumps 3.1.9 Requirement for the Air Temperature Distribution Entering the Outdoor Coil

Monitor the temperatures of the air entering the outdoor coil using air sampling devices and/or temperature sensor grids, maintaining the required tolerances, if applicable, as described in section 2.11 of this appendix.

3.2.1 Tests for a System Having a Single-Speed Compressor and Fixed Cooling Air Volume Rate

This set of tests is for single-speed-compressor units that do not have a cooling minimum air volume rate or a cooling intermediate air volume rate that is different than the cooling full load air volume rate. Conduct two steady-state wet coil tests, the A and B Tests. Use the two optional dry-coil tests, the steady-state C Test and the cyclic D Test, to determine the cooling mode cyclic degradation coefficient, CD c. If the two optional tests are conducted but yield a tested CD c that exceeds the default CD c or if the two optional tests are not conducted, assign CD c the default value of 0.25 (for outdoor units with no match) or 0.20 (for all other systems). Table 4 specifies test conditions for these four tests.

3.2.3 Tests for a Unit Having a Two-Capacity Compressor (See Section 1.2 of This Appendix, Definitions)

d. * * * If the two optional tests are conducted but yield a tested CD c (k = 2) that exceeds the default CD c (k = 2) or if the two optional tests are not conducted, assign CD c (k = 2) the default value. ***

3.3. * * *

d. * * *

Table 8—Test Operating and Test Condition Tolerances for Section 3.3 Steady-State Wet Coil Cooling Mode Tests and Section 3.4 Dry Coil Cooling Mode Tests Test operating
  • tolerance 1
  • Test condition
  • tolerance 1
  • Indoor dry-bulb, °F: Entering temperature 2.0 0.5 Leaving temperature 2.0 Indoor wet-bulb, °F: Entering temperature 1.0 2 0.3 Leaving temperature 2 1.0 Outdoor dry-bulb, °F: Entering temperature 2.0 0.5 Leaving temperature 3 2.0 Outdoor wet-bulb, °F: Entering temperature 1.0 4 0.3 Leaving temperature 3 1.0 External resistance to airflow, inches of water 0.05 5 0.02 Electrical voltage, % of rdg. 2.0 1.5 Nozzle pressure drop, % of rdg. 2.0 1 See section 1.2 of this appendix, Definitions. 2 Only applies during wet coil tests; does not apply during steady-state, dry coil cooling mode tests. 3 Only applies when using the outdoor air enthalpy method. 4 Only applies during wet coil cooling mode tests where the unit rejects condensate to the outdoor coil. 5 Only applies when testing non-ducted units.
    3.5 * * *

    h. * * *

    Table 9—Test Operating and Test Condition Tolerances for Cyclic Dry Coil Cooling Mode Tests Test operating
  • tolerance 1
  • Test condition
  • tolerance 1
  • Indoor entering dry-bulb temperature 2, °F 2.0 0.5 Indoor entering wet-bulb temperature, °F (3) Outdoor entering dry-bulb temperature 2, °F 2.0 0.5 External resistance to airflow 2, inches of water 0.05 Airflow nozzle pressure difference or velocity pressure 2, % of reading 2.0 4 2.0 Electrical voltage 5, % of rdg. 2.0 1.5 1 See section 1.2 of this appendix, Definitions. 2 Applies during the interval that air flows through the indoor (outdoor) coil except for the first 30 seconds after flow initiation. For units having a variable-speed indoor blower that ramps, the tolerances listed for the external resistance to airflow apply from 30 seconds after achieving full speed until ramp down begins. 3 Shall at no time exceed a wet-bulb temperature that results in condensate forming on the indoor coil. 4 The test condition shall be the average nozzle pressure difference or velocity pressure measured during the steady-state dry coil test. 5 Applies during the interval when at least one of the following—the compressor, the outdoor fan, or, if applicable, the indoor blower—are operating except for the first 30 seconds after compressor start-up.
    3.5.3 Cooling-Mode Cyclic-Degradation Coefficient Calculation

    * * * If the two optional tests are conducted but yield a tested CD c that exceeds the default CD c or if the two optional tests are not conducted, assign CD c the default value of 0.25 for variable-speed compressor systems and outdoor units with no match, and 0.20 for all other systems.* * *

    3.6.3 Tests for a Heat Pump Having a Two-Capacity Compressor (see Section 1.2 of This Appendix, Definitions), Including Two-Capacity, Northern Heat Pumps (see Section 1.2 of This Appendix, Definitions)

    b. Conduct the optional high temperature cyclic test (H1C1) to determine the heating mode cyclic-degradation coefficient, CD h. If this optional test is conducted but yields a tested CD h that exceeds the default CD h or if the optional test is not conducted, assign CD h the default value of 0.25. If a two-capacity heat pump locks out low capacity operation at lower outdoor temperatures, conduct the high temperature cyclic test (H1C2) to determine the high-capacity heating mode cyclic-degradation coefficient, CD h (k=2). If this optional test at high capacity is conducted but yields a tested CD h (k = 2) that exceeds the default CD h (k = 2) or if the optional test is not conducted, assign CD h the default value. The default CD h (k=2) is the same value as determined or assigned for the low-capacity cyclic-degradation coefficient, CD h [or equivalently, CD h (k=1)]. Table 12 specifies test conditions for these nine tests.

    3.7 * * *

    a. * * *

    Table 15—Test Operating and Test Condition Tolerances for Section 3.7 and Section 3.10 Steady-State Heating Mode Tests Test operating
  • tolerance 1
  • Test condition
  • tolerance 1
  • Indoor dry-bulb, °F: Entering temperature 2.0 0.5 Leaving temperature 2.0 Indoor wet-bulb, °F: Entering temperature 1.0 Leaving temperature 1.0 Outdoor dry-bulb, °F: Entering temperature 2.0 0.5 Leaving temperature 2 2.0 Outdoor wet-bulb, °F: Entering temperature 1.0 0.3 Leaving temperature 2 1.0 External resistance to airflow, inches of water 0.05 3 0.02 Electrical voltage, % of rdg 2.0 1.5 Nozzle pressure drop, % of rdg 2.0 1 See section 1.2 of this appendix, Definitions. 2 Only applies when the Outdoor Air Enthalpy Method is used. 3 Only applies when testing non-ducted units.
    3.8.1 * * *

    * * * If the optional cyclic test is conducted but yields a tested CD h that exceeds the default CD h or if the optional test is not conducted, assign CD h the default value of 0.25.* * *

    Table 16—Test Operating and Test Condition Tolerances for Cyclic Heating Mode Tests Test operating
  • tolerance 1
  • Test condition
  • tolerance 1
  • Indoor entering dry-bulb temperature,2 °F 2.0 0.5 Indoor entering wet-bulb temperature,2 °F 1.0 Outdoor entering dry-bulb temperature,2 °F 2.0 0.5 Outdoor entering wet-bulb temperature,2 °F 2.0 1.0 External resistance to air-flow,2 inches of water 0.05 Airflow nozzle pressure difference or velocity pressure,2 % of reading 2.0 3 2.0 Electrical voltage,4 % of rdg 2.0 1.5 1 See section 1.2 of this appendix, Definitions. 2 Applies during the interval that air flows through the indoor (outdoor) coil except for the first 30 seconds after flow initiation. For units having a variable-speed indoor blower that ramps, the tolerances listed for the external resistance to airflow shall apply from 30 seconds after achieving full speed until ramp down begins. 3 The test condition shall be the average nozzle pressure difference or velocity pressure measured during the steady-state test conducted at the same test conditions. 4 Applies during the interval that at least one of the following—the compressor, the outdoor fan, or, if applicable, the indoor blower—are operating, except for the first 30 seconds after compressor start-up.
    3.9 * * *

    f. * * *

    Table 17—Test Operating and Test Condition Tolerances for Frost Accumulation Heating Mode Tests Test operating tolerance 1 Sub-interval H 2 Sub-interval D 3 Test condition
  • tolerance 1
  • Sub-interval H 2
    Indoor entering dry-bulb temperature, °F 2.0 4 4.0 0.5 Indoor entering wet-bulb temperature, °F 1.0 Outdoor entering dry-bulb temperature, °F 2.0 10.0 1.0 Outdoor entering wet-bulb temperature, °F 1.5 0.5 External resistance to airflow, inches of water 0.05 5 0.02 Electrical voltage, % of rdg 2.0 1.5 1 See section 1.2 of this appendix, Definitions. 2 Applies when the heat pump is in the heating mode, except for the first 10 minutes after termination of a defrost cycle. 3 Applies during a defrost cycle and during the first 10 minutes after the termination of a defrost cycle when the heat pump is operating in the heating mode. 4 For heat pumps that turn off the indoor blower during the defrost cycle, the noted tolerance only applies during the 10 minute interval that follows defrost termination. 5 Only applies when testing non-ducted heat pumps.
    4.1.1 * * *

    b. * * * Evaluate the cooling mode cyclic degradation factor CD c as specified in section 3.5.3 of this appendix.

    4.1.2.1 * * *

    c. * * * Evaluate the cooling mode cyclic degradation factor CD c as specified in section 3.5.3 of this appendix.

    4.1.3.1 * * * nj/N = fractional bin hours for the cooling season; the ratio of the number of hours during the cooling season when the outdoor temperature fell within the range represented by bin temperature Tj to the total number of hours in the cooling season, dimensionless.

    Obtain the fractional bin hours for the cooling season, nj/N, from Table 18. Use Equations 4.1.3-1 and 4.1.3-2, respectively, to evaluate Q c k=1(Tj) and Ėc k=1(Tj). Evaluate the cooling mode cyclic degradation factor CD c as specified in section 3.5.3 of this appendix.

    4.1.4.1 * * *

    * * * Evaluate the cooling mode cyclic degradation factor CD c as specified in section 3.5.3 of this appendix.

    Appendix M to Subpart B of Part 430—[Amended] 5. In the table below, for each section of appendix M to subpart B of part 430 indicated in the left column, remove the language indicated in the middle column from wherever it appears in that section, and add the language indicated in the right column. Sections Remove Add 3.2.2.1, 3.2.3.a A default value of CD c may be used in lieu of conducting the cyclic test. The default value of CD c is 0.20 If the two optional tests are conducted but yield a tested CD c that exceeds the default CD c or if the two optional tests are not conducted, assign CD c the default value of 0.20. 3.2.4.a A default value for CD c may be used in lieu of conducting the cyclic test. The default value of CD c is 0.25 If the two optional tests are conducted but yield a tested CD c that exceeds the default CD c or if the two optional tests are not conducted, assign CD c the default value of 0.25. 3.6.1 A default value for CD h may be used in lieu of conducting the cyclic test. The default value of CD h is 0.25 If this optional test is conducted but yields a tested CD h that exceeds the default CD h or if the optional test is not conducted, assign CD h the default value of 0.25. 3.6.2, 3.6.4.a A default value for CD h may be used in lieu of conducting the cyclic. The default value of CD h is 0.25 If this optional test is conducted but yields a tested CD h that exceeds the default CD h or if the optional test is not conducted, assign CD h the default value of 0.25. Appendix M to Subpart B of Part 430—[Amended] 6. For each newly redesignated section of appendix M to subpart B of part 430 in the first column, remove the cross reference sections in the middle column, and add in their places, the cross reference sections in the right column. Section Remove Add 4.1.3 4.1.2.4 4.1.3.1 4.1.2.5 4.1.3.2 4.1.2.6 4.1.3.3 4.1.2.7 4.1.3.4 4.1.4.3 4.1.2.7 4.1.3.4
    [FR Doc. 2016-19227 Filed 8-17-16; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 440 [Docket No.: FAA-2014-1012; Amdt. No. 440-4] RIN 2120-AK44 Reciprocal Waivers of Claims for Licensed or Permitted Launch and Reentry Activities AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    The FAA is amending its commercial space regulations governing reciprocal waivers of claims to require that customers waive claims against all the customers involved in a launch or reentry, including those signing a different set of reciprocal waivers. Also, customers of a customer contracting directly with a licensee or permittee will not have to sign a waiver directly with the licensee or permittee, other customers, or the FAA. The FAA is also adding an appendix to provide permittees with an example of a Waiver of Claims and Assumption of Responsibility for Permitted Activities with No Customer.

    DATES:

    Effective October 17, 2016.

    ADDRESSES:

    For information on where to obtain copies of rulemaking documents and other information related to this final rule, see “How To Obtain Additional Information” in the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    For questions concerning this rule, contact Shirley McBride, Regulations Program Lead, AST-300, Office of Commercial Space Transportation, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-7470; email [email protected]

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The Commercial Space Launch Act of 1984, as amended at 51 U.S.C. 50901-50923 (Chapter 509), authorizes the Department of Transportation and thus the FAA, through delegations, to oversee, license, and regulate commercial launch and reentry activities, and the operation of launch and reentry sites as carried out by U.S. citizens or within the United States. 51 U.S.C. 50904, 50905. The Act directs the FAA to exercise this responsibility consistent with public health and safety, safety of property, and the national security and foreign policy interests of the United States. 51 U.S.C. 50905. Section 50901(a)(7) directs the FAA to regulate only to the extent necessary, in relevant part, to protect the public health and safety and safety of property. The FAA is also responsible for encouraging, facilitating, and promoting commercial space launches by the private sector. 51 U.S.C. 50903.

    Chapter 509 requires that, for each commercial space launch or reentry, the Department of Transportation (DOT) and, through delegation, the Federal Aviation Administration (FAA) enter into a reciprocal waiver of claims agreement with “the licensee or transferee, contractors, subcontractors, crew, space flight participants, and customers of the licensee or transferee, and contractors and subcontractors of the customers. . . .” 51 U.S.C. 50914(b)(2). This requirement also applies to permittees under 51 U.S.C. 50906(i).

    I. Overview of Final Rule

    This rule revises part 440 in the following ways: (1) Amends § 440.17 to describe fully the reciprocal waiver of claims requirements applicable to the relevant appendices; (2) amends § 440.17 and updates appendices B and C so that customers of any customer contracting directly with a licensee or permittee do not have to sign a waiver directly with the licensee or permittee, other customers, or the FAA; (3) amends § 440.17 and updates appendices B and C of part 440 so that customers waive claims, as required by statute, against all the customers involved in the launch or reentry, including those signing a different set of reciprocal waivers; (4) amends § 440.3 to add a definition of “first-tier customer” and “part 440 customer”; and (5) adds an appendix to provide licensees with an example of a Waiver of Claims and Assumption of Responsibility for Permitted Activities with No Customer.

    These changes will result in cost savings to the licensee, government and customers, and minimal cost to any customer in a direct contractual relationship with the licensee or permittee if it has customers to the launch. This rule does not address changes to the reciprocal waiver of claims created by the U.S. Commercial Space Launch Competitiveness Act, P.L. 114-90 (2015). Those changes will be addressed by a future rulemaking.

    II. Background

    On January 13, 2015, the FAA published a notice of proposed rulemaking (NPRM), “Reciprocal Waivers of Claims for Licensed or Permitted Launch and Reentry Activities,” 80 FR 1590, proposing to amend the FAA's regulations regarding reciprocal waivers of claims agreements. The NPRM also discussed the potential burden the reciprocal waivers of claims requirements may impose on licensees and permittees launching hosted payloads. The comment period closed on March 16, 2015. On June 15, 2015, the FAA reopened the comment period for 30 days because the regulatory evaluation was not posted to the docket prior to the close of the NPRM's comment period. This second comment period was limited to comments on the regulatory evaluation only, and closed on July 15, 2015. The FAA received five comments on the NPRM and no comments on the regulatory evaluation.

    III. Discussion of Final Rule and Public Comments

    The FAA received comments from five entities, including launch operators, service providers, and one individual. Launch operators who provided comments are Blue Origin, LLC (Blue Origin), Lockheed Martin Corporation (Lockheed), and Space Exploration Technologies Corporation (SpaceX). Harris Corporation (Harris) and an individual also commented.

    In general, the commenters supported the proposed requirements. A few commenters suggested changes to the proposed regulatory text in order to achieve the FAA's proposed outcome. After careful consideration of the comments, the FAA generally adopts the provisions as proposed, but makes the following changes. The FAA amends § 440.17(b) and (c) and part 440, appendices B and C, to include part 440 customers and their contractors and subcontractors in the reciprocal waiver of claims scheme. The FAA adds § 440.17(c)(1)(iii)(D) to preserve the statutory and regulatory requirements that all customers waive claims against all the other parties involved in the licensed permitted activity. Lastly, the FAA removes permittees from the indemnification scheme reserved by statute for licensees only, thereby maintaining the scope of the indemnification scheme as set out in 51 U.S.C. 50915.

    A. First-Tier and Part 440 Customers

    As originally proposed, § 440.17(c) is amended to require the FAA, the licensee or permittee, and each first-tier customer to enter into a reciprocal waiver of claims agreement for each licensed or permitted activity in which the U.S. Government, any agency, or its contractors and subcontractors are involved, or where property insurance is required under § 440.9(d). Additionally, as proposed, § 440.3 is amended to define the terms “first-tier customer” and “part 440 customer.” A first-tier customer is one who satisfies the definition of a customer and has a contractual relationship with a license or permit holder to obtain launch or reentry services. A part 440 customer means one who satisfies the regulatory definition of a customer and who is not a first-tier customer. Blue Origin requested that the FAA clarify how a licensee or permittee should identify its customers under the proposed rule. The FAA adopts these provisions as proposed, and provides further clarification below.

    Blue Origin requested clarification on how the requirement to enter into a reciprocal waiver of claims agreement with each first-tier customer would apply to a situation in which a first-tier customer was a single entity representing a group of persons. Blue Origin stated that it “interprets the proposal to require that only the single entity representing the group will be required to sign a reciprocal waiver with the licensee/permittee and FAA.” 1 Blue Origin also requested that the FAA confirm that “if a first-tier customer is a single entity representing a group of persons, the licensee/permittee is required to enter into a cross waiver of claims only with a representative of the group as the first-tier customer.” 2

    1 Blue Origin Comment at 2.

    2 Blue Origin Comment at 2.

    An entity's status as the representative of a group is not the determining factor as to whether or not that entity is required to sign a reciprocal waiver with the licensee or permittee and the FAA. Rather, a licensee or permittee is only required to enter into a reciprocal waiver with customers with whom it is in a contractual relationship.

    To determine the entities with which it must execute a reciprocal waiver, the licensee or permittee should determine what entities it has contracted with for the licensed or permitted activity who also qualify as customers under 14 CFR 440.3. Accordingly, if a licensee entered into a contract with a number of entities for launch or reentry services, it would enter into reciprocal waivers with each of them.

    Blue Origin provided a hypothetical scenario in which a school, university research lab, or other educational institution represented a group of students that contributed to the development of a payload. In this hypothetical situation, the single entity representing the group may be the only entity required to sign a reciprocal waiver with the licensee or permittee and the FAA. However, the hypothetical entity would be the only entity required to sign the reciprocal waiver only if it was the only entity in a contractual relationship with the licensee or permittee, and therefore the only entity who would qualify as a first-tier customer.3 In that case, the representative would be the only first-tier customer and, therefore, the only party required to sign the reciprocal waiver of claims with the licensee or permittee and the FAA. If, however, any other member of the group was also in a direct contractual relationship with the licensee or permittee and also met the FAA's definition of customer under § 440.3, that member would also be a first-tier customer and would also be required to sign a reciprocal waiver of claims with the licensee or permittee and the FAA. It would not, however, have to sign with all other first-tier customers because this final rule ensures that customers waive claims against all other customers involved in a launch or reentry, including those signing different reciprocal waivers.

    3 The FAA assumes for purposes of this hypothetical that the entity representing the group meets the FAA's definition of customer in 14 CFR 440.3, by, for example, being the one who procures the launch.

    Blue Origin also expressed concern regarding how a licensee or permittee will determine who its customers are. Specifically, Blue Origin pointed out that determining whether each party has an interest in the payload is complicated by the fact that “people have varying levels of involvement (e.g., a student works an entire semester on a project, vs. one who works a few hours), or have left the group (e.g., some students graduate prior to completion of a payload, and are replaced by other students).” 4

    4 Blue Origin Comment at 2.

    The FAA is not changing the definition of “customer” under § 440.3 in this rulemaking. However, the burden of identifying part 440 customers does shift with this rule, not to the licensee or permittee as Blue Origin suggests, but to the appropriate first-tier customer. This is because under this rule a licensee or permittee is responsible for implementing a reciprocal waiver of claims only with those customers with whom it is in a direct contractual relationship. A first-tier customer, as a result of this rule, will be responsible for implementing a reciprocal waiver of claims with each of its customers.

    Although it is not changing the definition of customer under § 440.3, the FAA reiterates what it has said about the definition of customer in previous rulemakings. In its 1996 rulemaking, the FAA pointed out that it construes the term customer in proposed § 440.3 more broadly than just “the party that actually contracts with the commercial launch services provider and prospective licensee.” 5 The 1996 NPRM provided the example of a customer who had placed its property on board the payload in order to receive an on-orbit service, such as microgravity experiments, and stated that such an entity would be considered a customer to the launch even though it did not procure the launch.6 In the final rule that resulted from the 1996 NPRM, the FAA stated: “The definition of `customer' is further modified in the final rule to include any person who places property on board a payload for the purpose of obtaining launch or payload services . . . .” 7

    5Financial Responsibility Requirements for Licensed Launch Activities, NPRM, 61 FR 38992, 39002 (July 25, 1996).

    6Financial Responsibility, 61 FR at 39002.

    7Financial Responsibility Requirements for Licensed Launch Activities, Final Rule, 63 FR 45592, 45607 (August 26, 1998).

    The FAA's definition of customer, therefore, as applied to Blue Origin's hypothetical, would be based on ownership rights in the payload rather than the level of involvement in developing the payload. For example, a person may build a payload and sell it to a company. The company may then place that payload on board a rocket. The builder has no ownership rights in the payload, and therefore would not be a customer under § 440.3. The company who purchased, and therefore owns the payload, would be a customer under § 440.3. The person facing financial exposure for failing to properly identify these other non-signing customers would be the first-tier customer.

    B. Government Customers

    A Government customer need not sign a reciprocal waiver of claims because the FAA signs the reciprocal waiver of claims on behalf of the Government. Although, the proposed rule did not mention Government customers, Harris Corporation requested clarification on the treatment of Government-hosted payload customers on commercial payloads launched pursuant to Chapter 509. The FAA makes no change based on this comment.

    Specifically, Harris asked whether the FAA would sign the waiver form on behalf of a Government customer, whether a Government customer could be considered a part 440 customer, and whether a Government customer's contractor would be considered a contractor of the United States for purposes of § 440.14(c). As the agency has stated in previous rulemakings, “[w]hen the licensee's customer is a U.S. Government agency, the agency is treated the same as any nongovernmental customer for purposes of determining the appropriate amount of property insurance required of the licensee and in terms of the U.S. Government's waiver of claims or property damage or less above the required amount of property insurance under [51 U.S.C. 50914(b)(2)]. That is, a Government payload is not covered by the required Government property insurance and the United States Government agency-customer accepts responsibility for property damage to the payload.” 8

    8Financial Responsibility, 61 FR at 39001.

    Because the FAA signs on behalf of the U.S. Government, any Government customer would not separately sign any reciprocal waiver of claims. The designation as a part 440 customer does not change a customer's responsibilities under the reciprocal waivers of claims, it only affects with whom the customer must sign a reciprocal waiver of claims. A Government customer's status as a first-tier or part 440 customer does not matter, because the FAA signs on behalf of the Government.

    As to Harris' last question concerning whether a contractor of a Government customer would be considered a contractor of the United States for purposes of § 440.14(c), it is beyond the scope of the current rulemaking. Additionally, the FAA notes that § 440.14(c) is not currently a regulatory provision.

    C. Extension of the Reciprocal Waivers of Claims Requirements

    The FAA intended to amend only the method by which the obligations under the reciprocal waiver of claims were extended. Rather than requiring the licensee or permittee to implement the reciprocal waiver of claims with its contractors, subcontractors, customers, and customers' contractors and subcontractors, this rule requires that each customer extend the reciprocal waiver of claims to its contractors and subcontractors. Although it did not receive comment on the issue, the FAA adds the extension of the reciprocal waiver of claims requirements to § 440.17(b) to require the licensee or permittee, each first-tier customer, and each part 440 customer to extend the requirements to their respective contractors and subcontractors. Therefore, and as discussed below, a part 440 customer must waive and release claims, assume responsibility, hold harmless, and indemnify other parties identified in the waiver as a result of both the explicit requirement in § 440.17(c)(1)(iii)(D) and the extension of the reciprocal waiver of claims requirements in § 440.17(c)(2) and (c)(1)(iii).

    Additionally, the FAA adds language to § 440.17(c)(2)(i), (ii), and (iii), and the associated part 440 appendices specifying that a party to a reciprocal waiver of claims must agree in that waiver to indemnify another party to the agreement from claims by the indemnifying party's contractors, subcontractors, and in the case of the customer, customers, arising out of the indemnifying party's failure to correctly extend the reciprocal waiver of claims requirement. This change was contemplated by the proposed rule, and preserves the requirements of this section prior to the amendments included in this final rule.

    1. Extension of Reciprocal Waiver of Claims to Part 440 Customers' Contractors and Subcontractors

    SpaceX commented that the proposed rule did not effectively extend the reciprocal waiver of claims requirements to a part 440 customer's contractors and subcontractors such that those contractors and subcontractors waived claims against all other parties otherwise protected by the reciprocal waiver of claims. SpaceX also commented that the appendices should be adjusted to state that a first-tier customer indemnifies the appropriate parties from and against liability, loss, or damage arising out of any claim brought by its customer's contractors and subcontractors. Harris commented that § 440.17(b) should be revised to include part 440 customers and their contractors and subcontractors in the waiver scheme to ensure that the parties to the reciprocal waiver of claims waive claims against them. In this rule the FAA changes § 440.17 to apply to part 440 customers' contractors and subcontractors, but does not adopt SpaceX's proposed language for the appendices. This marks a change from the regulatory text that the FAA originally proposed, based on comments discussed below.

    SpaceX recommended additions to proposed § 440.17 and the associated appendices “to ensure that the regulations maintain the current obligations of all customers' contractors and subcontractors with respect to the licensee/permittee.” 9 SpaceX stated that although the proposed rule might streamline the reciprocal waiver of claims process, “it does not expressly provide the same protections to the licensee or permittee contained in the current rule.” 10 Specifically, SpaceX argued that, under the proposed rule, the licensee or permittee would have been required to waive and release any claims it might have against a part 440 customer and its contractors and subcontractors, but a part 440 customer's contractors and subcontractors would not have been required to waive claims against all other parties to which the reciprocal waiver requirements extended. SpaceX also noted that the contractors and subcontractors of a part 440 customer were not accounted for in proposed § 440.17 or in proposed sections 4(b) and 5(b) of the part 440 appendices in the same way as under the current rules. SpaceX provided suggested language to address what it saw as inconsistencies.

    9 SpaceX comment p. 1

    10 SpaceX comment at p. 2

    After considering the comments, the FAA has decided to make changes to the regulatory text to preserve the intent of this rulemaking and Chapter 509. Accordingly, § 440.17(b) and (c) require that each customer extends the reciprocal waiver of claims requirements to the customer's contractors and subcontractors. The reciprocal waiver of claims requires that the contractors and subcontractors of each customer waive and release claims, assume responsibility, hold harmless, and indemnify other parties identified in the waiver, including the licensee or permittee. This rule explicitly requires the licensee or permittee, each first-tier customer, and each part 440 customer to extend the reciprocal waiver of claims requirements to their contractors, subcontractors and customers.

    The FAA notes, however, that SpaceX recommended changing the text in each of the appendices to part 440 at section 4(b) to read: “Customer shall extend the requirements of the waiver . . . respectively, to its Contractors, Subcontractors, customers, and such customers' contractors and subcontractors . . . .” The FAA is not adopting this suggested change for two reasons. First, this suggested language misappropriates the responsibility to extend the reciprocal waiver of claims requirements. Under SpaceX's proposed language, each first-tier customer would be required to extend the reciprocal waiver of claims requirements to its customers' contractors and subcontractors. Instead, this rule requires each customer to extend the reciprocal waiver of claims requirements to its contractors and subcontractors, but not to its customers' contractors and subcontractors. This is consistent with the previous version of the part 440 appendices. Second, this language is unnecessary because the extension of responsibilities in § 440.17(b)(2) and (3) and (c)(1)(iii) created by this rulemaking ensure that a part 440 customer extends to the customer's contractors and subcontractors the requirements of the reciprocal waiver of claims, which include waiving and releasing claims, assuming responsibility, and holding harmless and indemnifying other parties identified in the waiver,11 because a first-tier customer must extend the waiver requirements to its customer. In other words, the requirements work as follows:

    11See, e.g., 80 FR 1590, 1600 (extending the assumption of responsibility and waiver and release of claims for a licensed launch with one customer).

    (1) Under § 440.17 and the part 440 appendices, a first-tier customer must waive and release claims, assume responsibility, hold harmless, and indemnify other parties identified in the waiver, as set forth in paragraphs 2(b) and 3(a) of the appendices. Additionally, a first-tier customer must extend each of these requirements to its contractors, subcontractors, and customers.

    (2) Because a first-tier customer must extend the requirements of the waiver, including the requirement to extend the waiver, to its customers, it follows that its customers will have the same obligation as a first-tier customer under the waiver.

    (3) Therefore, because of the extension of responsibilities, a first-tier customer's customers will be required, in turn, to extend the waiver requirements to their contractors, subcontractors and customers. Additionally, § 440.17(b)(3) and (c)(1)(iii) explicitly require that each part 440 customer extends the reciprocal waiver of claims requirements to its contractors and subcontractors.

    Therefore, the FAA does not need to amend section 4(b) of the appendices to ensure that part 440 customers extend the waiver requirements to their contractors and subcontractors. Section 440.17(b)(2) and (3) and (c)(1)(iii) and section 4(b) of the appendices already require this. The FAA also disagrees with SpaceX's suggestion to amend section 5(b) of the appendices to require that a first-tier customer indemnify the appropriate parties from and against liability, loss, or damage arising out of any claim brought by its customer's contractors and subcontractors. Adopting SpaceX's suggestion would place an additional burden of indemnification on a first-tier customer that did not previously exist in part 440. Previous part 440 appendices required only that a first-tier customer indemnify the appropriate parties from and against liability, loss, or damage arising out of certain claims brought by its contractors, subcontractors, and employees. SpaceX's proposed language would additionally require a first-tier customer to indemnify from claims brought by its customer's contractors, subcontractors, and employees. As explained above, a first-tier customer is required to extend the reciprocal waiver of claims requirements to its customers. As a result of this extension, a first-tier customer's customer, rather than the first-tier customer himself, is required to indemnify against certain claims brought by its contractors, subcontractors, and employees.

    Lastly, Harris pointed out that the absence of part 440 customers and their contractors and subcontractors in proposed § 440.17(b) exposes these parties to liability that represents a departure from Chapter 509. The FAA agrees, and this rule requires parties to the reciprocal waiver of claims described in § 440.17(b) to waive claims against part 440 customers and their contractors and subcontractors.

    2. Extension of Reciprocal Waiver of Claims to Part 440 Customers

    In its comment, Harris also noted that the FAA overlooked explicitly requiring each part 440 customer to comply with the reciprocal waiver of claims requirements. Therefore, the FAA now adds an explicit requirement in addition to the extension of requirements provisions in order to clarify that each part 440 customer must enter into a reciprocal waiver of claims agreement. This marks a change from the regulatory text that the FAA originally proposed.

    Harris commented that proposed § 440.17(b) and (c) would not have ensured that part 440 customers waive claims against the other parties included in the waiver scheme. Harris further asserted that the purpose behind the waiver scheme is “(1) [t]o limit the total universe of claims that might arise as a result of a launch; and (2) to eliminate the necessity for all of these parties to obtain property and casualty insurance to protect against these claims.” 12

    12 Commercial Space Launch Act Amendments of 1988, Report of the Senate Committee on Commerce, Science, and Transportation on H.R. 4399, S. Rep. No. 100-593 at 14 (Oct. 7, 1988).

    The FAA agrees. Under Chapter 509 and the FAA's current rules, the licensee or permittee is required to enter into a reciprocal waiver of claims with all customers and their respective contractors and subcontractors involved in launch or reentry services. In other words, each customer must waive and release claims, assume responsibility, hold harmless, and indemnify other parties identified in the waiver. In the NPRM, the FAA proposed to require only first-tier customers to sign a reciprocal waiver of claims with the FAA and the licensee or permittee. By separating first-tier customers from part 440 customers, the proposed rule did not explicitly require part 440 customers to waive and release claims, assume responsibility, hold harmless, and indemnify other parties identified in the waiver. Instead, these requirements were implied by the extension of requirements in which a first-tier customer is required to extend the reciprocal waiver of claims requirements to its customers, contractors, and subcontractors. Because commenters expressed some confusion about the requirements, the FAA amends § 440.17(b) and adds § 440.17(c)(1)(iii)(D) to explicitly require that part 440 customers waive claims against all the other parties involved in the licensed activity.

    As stated previously, these requirements levied on part 440 customers also exist as a result of the extension of the reciprocal waiver of claims that is required by § 440.17(b)(2), (b)(3), and (c)(1)(iii). By shifting the responsibility to extend the reciprocal waiver of claims from the licensee or permittee to the appropriate customer, the burden to indemnify also shifts. Therefore, should a customer fail to extend the reciprocal waiver of claims requirements to its customer, and its customer bring a claim against a party involved in the launch, the customer who failed to extend would be required to indemnify that party against its customer's claim. This represents a shift from the old scheme in which all customers signed the reciprocal waiver of claims, and therefore no one would be required to indemnify against a customer's claim unless the licensee failed to identify a customer and ensure that that customer signed the reciprocal waiver of claims.

    D. Removal of Permittees From Indemnification Scheme

    This rule does not change the indemnification scheme created by 51 U.S.C. 50915. Chapter 509 provides that the United States Government shall pay for a successful third party claim to the extent the claim exceeds the insurance coverage required by statute but does not exceed the statutory limit for such coverage, provided Congress appropriates the funds.13 Chapter 509 also lists the persons against whom the claim may be brought in order to qualify for this coverage.14 This list includes licensees, but does not include permittees. Therefore, Congress will not appropriate funds for a third party claim against a permittee that exceeds the insurance requirements in Chapter 509.

    13 51 U.S.C. 50915(a)(1).

    14 51 U.S.C. 50915(a)(3)(A).

    Although it received no comments on the issue, the FAA has identified an error in the proposed rule that it corrects with the final rule. In the proposed rule, the FAA would have included permittees in the indemnification scheme reserved by statute for licensees only. Because this error would create a conflict with the FAA's statutory authority, which the FAA did not intend, the FAA has amended the regulatory text in this final rule to comply with Chapter 509 by removing permittees from the section 50915 indemnification scheme.

    E. Miscellaneous

    This rule includes a new § 440.17(f) to include all provisions related to willful misconduct. The NPRM did not propose changing the willful misconduct provisions, and this rule also does not change those provisions but located them in § 440.17(f) for clarity.

    IV. Regulatory Notices and Analyses A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic analyses. First, Executive Order 12866 and Executive Order 13563 direct that each Federal agency shall propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Public Law 96-354) requires agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Public Law 96-39) prohibits agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, this Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Public Law 104-4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with base year of 1995). This portion of the preamble summarizes the FAA's analysis of the economic impacts of this final rule. We suggest readers seeking greater detail read the full regulatory evaluation, a copy of which we have placed in the docket for this rulemaking.

    In conducting these analyses, FAA has determined that this final rule: (1) Has benefits that justify its costs, (2) is not an economically “significant regulatory action” as defined in section 3(f) of Executive Order 12866, (3) is not “significant” as defined in DOT's Regulatory Policies and Procedures; (4) will not have a significant economic impact on a substantial number of small entities; (5) will not create unnecessary obstacles to the foreign commerce of the United States; and (6) will not impose an unfunded mandate on State, local, or tribal governments, or on the private sector by exceeding the threshold identified above. These analyses are summarized below. As we received no comments on the benefit cost methodology, we used the same methodology here.

    Total Benefits and Costs of This Rule

    These changes will result in cost savings to the licensee or permittee, Government and customers and minimal cost to the first-tier customer if it has customers to the launch.

    Cost savings are presented in the table below, which is discussed in more detail in the paragraphs that follow.

    Cost Savings from the Final Rule Average 7% Present
  • value cost
  • savings
  • 3% Present
  • value cost
  • savings
  • Government Cost Savings $138,440 $97,232 $118,092 Licensee and Permittee Cost Savings: No Longer Requesting Waivers 136,282 95,716 116,251 No Longer Obtaining Part 440 Customer Signatures 17,035 11,965 14,531 Cost Savings from Allowing Signatures on Different Set of Reciprocal Waiver of Claims 365 256 311 Total estimated cost savings 292,121 205,169 249,185 Minor rounding occurs in summation.

    The final rule might result in minimal costs to first-tier customers who will be responsible for implementing reciprocal waivers of claims with their customers.

    Who Is Potentially Affected by This Rule? Launch Licensees and Permittees Federal Government Customers of the Launch Licensees and Permittees Assumptions

    The following assumptions apply to the analysis:

    • Ten year time horizon • 2013 dollars • Without the rule, the FAA will issue 4 partial waivers to the reciprocal cross waiver requirement per year • Without the rule, a licensee or permittee will have to obtain some signatures from part 440 customers on launches unless waivers have been issued Benefits of This Rule

    The final rule will result in cost savings because licensees and permittees will no longer have to obtain signatures of part 440 customers on the reciprocal waiver of claims. Cost savings may result because licensees and permittees will not have to incur expenses to obtain part 440 signatures or licensees and permittees will not seek waivers from the FAA to the requirement that part 440 customers sign the reciprocal waiver of claims. The estimated cost savings to the licensee, permittee, and the Federal Government that will result were indicated in the table above.

    Also, the FAA estimated a small cost savings due to the final rule allowing a customer added at the last minute to sign a new and separate waiver of claims agreement.

    Finally, the FAA expects minimal cost savings with the addition of a template for permitted activities with no customer.

    Costs of This Rule

    The responsibility to obtain signatures of customers who are not in a direct contractual relationship (i.e., part 440 customers) with the licensee or permittee will shift under the final rule, from the licensee or permittee to the appropriate first-tier customer. The FAA expects the costs the first-tier customer will incur under the rule to implement the reciprocal waiver of claims to be minimal because the first-tier customer could modify the templates provided in appendices B and C to part 440 and add them to the contract that it has with its customers. The FAA thinks that this will be a one-time cost that could be accomplished in a short period of time by the company's in-house lawyers. In addition, customers are currently required to extend the FAA reciprocal waiver of claims obligations to their respective contractors and subcontractors, so the FAA does not expect the changes to the NPRM to result in additional costs.

    B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) establishes “as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation. To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals and to explain the rationale for their actions to assure that such proposals are given serious consideration.” The RFA covers a wide-range of small entities, including small businesses, not-for-profit organizations, and small governmental jurisdictions.

    Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in the RFA.

    However, if an agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the RFA provides that the head of the agency may so certify and a regulatory flexibility analysis is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear.

    The FAA believes that this final rule will not have a significant impact on a substantial number of entities because the rule will result in cost savings and some minimal costs as described below. The FAA solicited comments in the NPRM regarding the initial regulatory flexibility analysis minimal cost determination, and received none. As we made the same determination for the initial regulatory flexibility analysis, we accept this determination for the final regulatory flexibility analysis. The reasons for the minimal cost determination are provided below.

    Cost savings are expected because the licensee or permittee will no longer have to request waivers or obtain part 440 customers' signatures, nor have to reopen the original waivers to obtain signatures if a party is added to the launch at the last minute. However, there might be minimal costs to first-tier customers. The responsibility to obtain signatures of customers who are not in a direct contractual relationship (i.e., part 440 customers) with the licensee or permittee will shift under the final rule, from the licensee or permittee to the appropriate first-tier customer. This will be a new requirement on the first-tier customer.

    Under the final rule, the first-tier customers will be responsible, as described above, for implementing a reciprocal waiver of claims with their customers. These costs will be minimal because the first-tier customer could modify the templates provided in appendices B and C to part 440 and add it to the contract that it has with its customers. The FAA thinks that this will be a one-time cost that could be accomplished in a short period of time by the company's in-house lawyers at an estimated cost of $185.

    It is not clear whether this minimal cost will impact a substantial number of small entities. To date, the FAA is unaware of any small entities who would be affected. The agency does not know whether in the future there might be small entities, that will have to implement a reciprocal waiver of claims with their customers, but even if there were a substantial number of small entities, the final rule will not have a significant impact on these entities.

    Therefore, as provided in section 605(b), the head of the FAA certifies that this rulemaking will not result in a significant economic impact on a substantial number of small entities.

    C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal agencies from establishing standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standard has a legitimate domestic objective, such as the protection of safety, and does not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. The FAA has assessed the potential effect of this final rule and determined that it will impose the same costs on domestic and international entities and thus has a neutral trade impact.

    D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub.L. 104-4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (in 1995 dollars) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a “significant regulatory action.” The FAA currently uses an inflation-adjusted value of $155.0 million in lieu of $100 million. This final rule does not contain such a mandate; therefore, the requirements of Title II of the Act do not apply.

    E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. The FAA has determined that there would be no new requirement for information collection associated with this rule.

    F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO) Standards and Recommended Practices to the maximum extent practicable. The FAA has determined that there are no ICAO Standards and Recommended Practices that correspond to these proposed regulations.

    G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. The FAA has determined this rulemaking action qualifies for the categorical exclusion identified in paragraph 5-6.6 and involves no extraordinary circumstances.

    V. Executive Order Determinations A. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. The agency determined that this action will not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, does not have Federalism implications.

    B. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use

    The FAA analyzed this final rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). The agency has determined that it is not a “significant energy action” under the executive order and it is not likely to have a significant adverse effect on the supply, distribution, or use of energy.

    VI. How To Obtain Additional Information A. Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained by using the Internet—

    1. Search the Federal eRulemaking Portal (http://www.regulations.gov);

    2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or

    3. Access the Government Printing Office's Web page at http://www.thefederalregister.org/fdsys/.

    Copies may also be obtained by sending a request (identified by notice, amendment, or docket number of this rulemaking) to the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591, or by calling (202) 267-9680.

    B. Comments Submitted to the Docket

    Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the docket number for this action. Anyone is able to search the electronic form of all comments received into any of the FAA's dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.).

    C. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires the FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. A small entity with questions regarding this document, may contact its local FAA official, or the person listed under the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

    List of Subjects in 14 CFR Part 440

    Indemnity payments, Insurance, Reporting and recordkeeping requirements, Space transportation and exploration.

    The Amendments

    In consideration of the foregoing, the Federal Aviation Administration amends chapter III of title 14, Code of Federal Regulations as follows:

    PART 440—FINANCIAL RESPONSIBILITY 1. The authority citation for part 440 continues to read as follows: Authority:

    51 U.S.C. 50901-50923.

    2. Amend § 440.3 by adding the definitions of first-tier customer and part 440 customer in alphabetical order to read as follows:
    § 440.3 Definitions.

    First-tier customer means a customer as defined in this section, and who has a contractual relationship with a license or permit holder to obtain launch or reentry services.

    Part 440 customer means a customer as defined in this section, other than a first-tier customer.

    3. Amend § 440.17 by revising paragraphs (b) through (f) to read as follows:
    § 440.17 Reciprocal waiver of claims requirements.

    (b) The licensee or permittee and each of its contractors and subcontractors, each customer, and each customer's contractors and subcontractors, must enter into a reciprocal waiver of claims agreement under which each party waives and releases claims against all the other parties to the waiver and against any other customer, and agrees to assume financial responsibility for property damage it sustains and for bodily injury or property damage sustained by its own employees, and to hold harmless and indemnify each other from bodily injury or property damage sustained by its employees, resulting from a licensed or permitted activity, regardless of fault.

    (1) The licensee or permittee must extend the reciprocal waiver of claims requirements to each of its contractors and subcontractors involved in launch or reentry services, and each of its first-tier customers.

    (2) Any first-tier customer must extend the reciprocal waiver of claims requirements to each of its contractors and subcontractors involved in launch or reentry services, and each of its customers.

    (3) Any part 440 customer must extend the reciprocal waiver of claims requirements to each of its contractors and subcontractors involved in launch or reentry services, and each of its customers.

    (c) For each licensed or permitted activity in which the United States, or its contractors and subcontractors, is involved or where property insurance is required under § 440.9(d), the Federal Aviation Administration of the Department of Transportation, the licensee or permittee, and each first-tier customer must enter into a reciprocal waiver of claims agreement. The reciprocal waiver of claims must be in the form set forth in appendix B of this part for a licensed activity, in appendix C of this part for a permitted activity, or in a form that otherwise provides all the same obligations and benefits. The reciprocal waiver of claims must provide that:

    (1) Each party to the reciprocal waiver of claims, including the United States but only to the extent provided in legislation:

    (i) Waives and releases claims it may have against each other party to the reciprocal waiver of claims, any customer, and against their respective contractors and subcontractors, for property damage it sustains and for bodily injury or property damage sustained by its own employees, resulting from licensed or permitted activities, regardless of fault;

    (ii) Assumes responsibility for property damage it sustains and for bodily injury or property damage sustained by its own employees, resulting from licensed or permitted activities, regardless of fault. A licensee or permittee and each first-tier customer shall each hold harmless and indemnify each other, the United States, any other customer, and the contractors and subcontractors of each for bodily injury or property damage sustained by its own employees, resulting from licensed or permitted activities, regardless of fault; and

    (iii) Extends the requirements of the waiver and release of claims, and the assumption of responsibility, hold harmless, and indemnification, to its contractors and subcontractors involved in launch and reentry services, and, for each customer, to its contractors and subcontractors involved in launch and reentry services, and customers, by requiring them to waive and release all claims as follows:

    (A) For each contractor and subcontractor of the licensee or permittee, all claims against any customer, the United States, and each of their respective contractors and subcontractors, and to agree to be responsible for property damage they sustain and to be responsible, hold harmless and indemnify any customer, the United States, and each of their respective contractors and subcontractors, for bodily injury or property damage sustained by their own employees, resulting from licensed activities, regardless of fault;

    (B) For each contractor and subcontractor of any customer, all claims against the licensee or permittee, any other customer, the United States, and each of their respective contractors and subcontractors, and to agree to be responsible for property damage they sustain and to be responsible, hold harmless and indemnify the licensee or permittee, any other customer, the United States, and each of their respective contractors and subcontractors, for bodily injury or property damage sustained by their own employees, resulting from licensed activities, regardless of fault;

    (C) For each contractor and subcontractor of the United States, all claims against the licensee or permittee, any customer, and each of their respective contractors and subcontractors, and to agree to be responsible for property damage they sustain and to be responsible, hold harmless and indemnify the licensee or permittee, any other customer, the United States, and each of their respective contractors and subcontractors, for bodily injury or property damage sustained by their own employees, resulting from licensed activities, regardless of fault to the extent that claims they would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e);

    (D) For each part 440 customer, all claims against the licensee or permittee, any other customer, the United States, and each of their respective contractors and subcontractors; and to agree to be responsible for property damage they sustain and to be responsible, hold harmless and indemnify the licensee or permittee, any other customer, the United States, and each of their respective contractors and subcontractors, for bodily injury or property damage sustained by their own employees, resulting from licensed activities, regardless of fault; and

    (2) For the following parties—

    (i) The licensee or permittee must hold harmless and indemnify each first-tier customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them; the United States and its servants, agents, subsidiaries, employees and assignees, or any of them; and any part 440 customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them from and against liability, loss or damage arising out of claims that any of licensee's or permittee's contractors and subcontractors may have for property damage sustained by them and for bodily injury or property damage sustained by their employees, resulting from licensed or permitted activities and arising out of the indemnifying party's failure to implement properly the waiver requirement. The requirement of paragraph (c)(2)(i) of this section to hold harmless and indemnify the United States and its servants, agents, subsidiaries, employees and assignees, or any of them, does not apply when:

    (A) Claims result from willful misconduct of the United States or its agents;

    (B) Claims for property damage sustained by the United States or its contractors and subcontractors exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(e);

    (C) For licensed activity, claims by a third party for bodily injury or property damage exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c), and do not exceed $1,500,000,000 (as adjusted for inflation after January 1, 1989) above such amount, and are payable pursuant to the provisions of 51 U.S.C. 50915 and § 440.19; or

    (D) The licensee has no liability for claims exceeding $1,500,000,000 (as adjusted for inflation after January 1, 1989) above the amount of insurance or demonstration of financial responsibility required under § 440.9(c).

    (ii) Each first-tier customer must hold harmless and indemnify the licensee or permittee and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them; the United States and its servants, agents, subsidiaries, employees and assignees, or any of them; and any part 440 customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims that any of each first-tier customer's customers, contractors, or subcontractors, may have for property damage sustained by them and for bodily injury or property damage sustained by their employees, resulting from licensed or permitted activities and arising out of the indemnifying party's failure to implement properly the waiver requirement.

    (iii) The Federal Aviation Administration of the Department of Transportation on behalf of the United States, but only to the extent provided in legislation, must hold harmless and indemnify the licensee or permittee, each first-tier customer, any part 440 customer, and their respective directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims that contractors and subcontractors of the United States may have for property damage sustained by them and for bodily injury or property damage sustained by their employees, resulting from licensed or permitted activities and arising out of the indemnifying party's failure to implement properly the waiver requirement to the extent that claims they would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e).

    (d) For each licensed or permitted activity in which the United States or its contractors and subcontractors are involved, the Federal Aviation Administration of the Department of Transportation and each space flight participant must enter into or have in place a reciprocal waiver of claims agreement. The reciprocal waiver of claims must be in the form set forth in appendix E of this part, or in a form that otherwise provides all the same obligations and benefits.

    (1) The reciprocal waiver of claims must provide that each space flight participant:

    (i) Waive and release claims he or she may have against the United States, and against each of its contractors and subcontractors, for bodily injury or property damage sustained by the space flight participant, resulting from licensed or permitted activities, regardless of fault;

    (ii) Assume responsibility for bodily injury or property damage, sustained by the space flight participant, resulting from licensed or permitted activities, regardless of fault;

    (iii) Hold harmless the United States, and its contractors and subcontractors, for bodily injury or property damage, sustained by the space flight participant, resulting from licensed or permitted activities, regardless of fault; and

    (iv) Hold harmless and indemnify the United States and its servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss, or damage arising out of claims brought by anyone for property damage or bodily injury sustained by the space flight participant, resulting from licensed or permitted activities.

    (2) The reciprocal waiver of claims must provide that the United States:

    (i) Waive and release claims it may have against the space flight participant for property damage it sustains, and for bodily injury or property damage sustained by its own employees, resulting from licensed or permitted activities, regardless of fault;

    (ii) Assume responsibility for property damage it sustains, and for bodily injury or property damage sustained by its own employees, resulting from licensed activities, regardless of fault, to the extent that claims it would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e), respectively;

    (iii) Assume responsibility for property damage it sustains, resulting from permitted activities, regardless of fault, to the extent that claims it would otherwise have for such damage exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(e);

    (iv) Extend the requirements of the waiver and release of claims, and the assumption of responsibility to its contractors and subcontractors by requiring them to waive and release all claims they may have against the space flight participant, and to agree to be responsible, for any property damage they sustain and for any bodily injury or property damage sustained by their own employees, resulting from licensed activities, regardless of fault; and

    (v) Extend the requirements of the waiver and release of claims, and the assumption of responsibility to its contractors and subcontractors by requiring them to waive and release all claims they may have against the space flight participant, and to agree to be responsible, for any property damage they sustain, resulting from permitted activities, regardless of fault.

    (e) For each licensed or permitted activity in which the United States or its contractors and subcontractors is involved, the Federal Aviation Administration of the Department of Transportation and each crew member must enter into or have in place a reciprocal waiver of claims agreement. The reciprocal waiver of claims must be in the form set forth in appendix D of this part, or in a form that otherwise provides all the same obligations and benefits.

    (1) The reciprocal waiver of claims must provide that each crew member:

    (i) Waive and release claims he or she may have against the United States, and against each of its contractors and subcontractors, for bodily injury or property damage sustained by the crew member, resulting from licensed or permitted activities, regardless of fault;

    (ii) Assume responsibility for bodily injury or property damage, sustained by the crew member, resulting from licensed or permitted activities, regardless of fault;

    (iii) Hold harmless the United States, and its contractors and subcontractors, for bodily injury or property damage, sustained by the crew member, resulting from licensed or permitted activities, regardless of fault; and

    (iv) Hold harmless and indemnify the United States and its agencies, servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss, or damage arising out of claims brought by anyone for property damage or bodily injury sustained by the crew member, resulting from licensed or permitted activities.

    (2) The reciprocal waiver of claims must provide that the United States:

    (i) Waive and release claims it may have against the crew member for property damage it sustains, and for bodily injury, including death, or property damage sustained by its own employees, resulting from licensed or permitted activities, regardless of fault;

    (ii) Assume responsibility for property damage it sustains, and for bodily injury or property damage sustained by its own employees, resulting from licensed activities, regardless of fault, to the extent that claims it would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e), respectively;

    (iii) Assume responsibility for property damage it sustains, resulting from permitted activities, regardless of fault, to the extent that claims it would otherwise have for such damage exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(e);

    (iv) Extend the requirements of the waiver and release of claims, and the assumption of responsibility to its contractors and subcontractors by requiring them to waive and release all claims they may have against the crew member and to agree to be responsible, for any property damage they sustain and for any bodily injury or property damage sustained by their own employees, resulting from licensed activities, regardless of fault; and

    (v) Extend the requirements of the waiver and release of claims, and the assumption of responsibility to its contractors and subcontractors by requiring them to waive and release all claims they may have against the crew member and to agree to be responsible, for any property damage they sustain, resulting from permitted activities, regardless of fault.

    (f) Any waiver, release, assumption of responsibility or agreement to hold harmless and indemnify pursuant to this section does not apply to claims for bodily injury or property damage resulting from willful misconduct of any of the parties to the reciprocal waiver of claims, the contractors and subcontractors of any of the parties to the reciprocal waiver of claims, and in the case of licensee or permittee and customers and the contractors and subcontractors of each of them, the directors, officers, agents and employees of any of the foregoing, and in the case of the United States, its agents.

    4. Revise appendix B to part 440 to read as follows: Appendix B to Part 440—Agreement for Waiver of Claims and Assumption of Responsibility for Licensed Activities Part 1—Waiver of Claims and Assumption of Responsibility for Licensed Launch, Including Suborbital Launch Subpart A—Waiver of Claims and Assumption of Responsibility for Licensed Launch, Including Suborbital Launch, With One Customer

    This agreement is entered into this__day of____, by and among [Licensee] (the “Licensee”), [Customer] (the “Customer”) and the Federal Aviation Administration of the Department of Transportation, on behalf of the United States Government (collectively, the “Parties”), to implement the provisions of § 440.17(c) of the Commercial Space Transportation Licensing Regulations, 14 CFR Ch. III (the “Regulations”). This agreement applies to the launch of [Payload] payload on a [Launch Vehicle] vehicle at [Location of Launch Site]. In consideration of the mutual releases and promises contained herein, the Parties hereby agree as follows:

    1. Definitions

    Contractors and Subcontractors means entities defined by § 440.3 of the Regulations.

    Customer means the above-named Customer.

    Part 440 Customer means a customer defined by § 440.3 of the Regulations, other than the above-named Customer.

    License means License No.__issued on____, by the Associate Administrator for Commercial Space Transportation, Federal Aviation Administration, Department of Transportation, to the Licensee, including all license orders issued in connection with the License.

    Licensee means the Licensee and any transferee of the Licensee under 51 U.S.C. Subtitle V, ch. 509.

    United States means the United States and its agencies involved in Licensed Activities. Except as otherwise defined herein, terms used in this Agreement and defined in 51 U.S.C. Subtitle V, ch. 509—Commercial Space Launch Activities, or in the Regulations, shall have the same meaning as contained in 51 U.S.C. Subtitle V, ch. 509, or the Regulations, respectively.

    2. Waiver and Release of Claims

    (a) Licensee hereby waives and releases claims it may have against Customer, the United States, any Part 440 Customer, and each of their respective Contractors and Subcontractors, for Property Damage it sustains and for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault.

    (b) Customer hereby waives and releases claims it may have against Licensee, the United States, any other customer, and each of their respective Contractors and Subcontractors, for Property Damage it sustains and for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault.

    (c) The United States hereby waives and releases claims it may have against Licensee, Customer, any Part 440 Customer, and each of their respective Contractors and Subcontractors, for Property Damage it sustains, and for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault, to the extent that claims it would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e), respectively, of the Regulations.

    3. Assumption of Responsibility

    (a) Licensee and Customer shall each be responsible for Property Damage it sustains and for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault. Licensee and Customer shall each hold harmless and indemnify each other, the United States, any other customer, and the Contractors and Subcontractors of each, for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault.

    (b) The United States shall be responsible for Property Damage it sustains, and for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault, to the extent that claims it would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e), respectively, of the Regulations.

    4. Extension of Assumption of Responsibility and Waiver and Release of Claims

    (a) Licensee shall extend the requirements of the waiver and release of claims, and the assumption of responsibility, hold harmless, and indemnification, as set forth in paragraphs 2(a) and 3(a), respectively, to its Contractors and Subcontractors by requiring them to waive and release all claims they may have against Customer, the United States, any Part 440 Customer, and each of their respective Contractors and Subcontractors, and to agree to be responsible, for Property Damage they sustain and to be responsible, hold harmless and indemnify Customer, the United States, any Part 440 Customer, and each of their respective Contractors and Subcontractors, for Bodily Injury or Property Damage sustained by their own employees, resulting from Licensed Activities, regardless of fault.

    (b) Customer shall extend the requirements of the waiver and release of claims, and the assumption of responsibility, hold harmless, and indemnification, as set forth in paragraphs 2(b) and 3(a), respectively, to its customers, Contractors, and Subcontractors, by requiring them to waive and release all claims they may have against Licensee, the United States, and any other customer, and each of their respective Contractors and Subcontractors, and to agree to be responsible, for Property Damage they sustain and to be responsible, hold harmless and indemnify Licensee, the United States, and any other customer, and each of their respective Contractors and Subcontractors for Bodily Injury or Property Damage sustained by their own employees, resulting from Licensed Activities, regardless of fault.

    (c) The United States shall extend the requirements of the waiver and release of claims, and the assumption of responsibility as set forth in paragraphs 2(c) and 3(b), respectively, to its Contractors and Subcontractors by requiring them to waive and release all claims they may have against Licensee, Customer, any Part 440 Customer, and each of their respective Contractors and Subcontractors, and to agree to be responsible, for any Property Damage they sustain and for any Bodily Injury or Property Damage sustained by their own employees, resulting from Licensed Activities, regardless of fault, to the extent that claims they would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e), respectively, of the Regulations.

    5. Indemnification

    (a) Licensee shall hold harmless and indemnify Customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them; the United States and its agencies, servants, agents, subsidiaries, employees and assignees, or any of them; and any Part 440 Customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims that Licensee's Contractors and Subcontractors may have for Property Damage sustained by them and for Bodily Injury or Property Damage sustained by their employees, resulting from Licensed Activities and arising out of the indemnifying party's failure to implement properly the waiver requirement.

    (b) Customer shall hold harmless and indemnify Licensee and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them; the United States and its agencies, servants, agents, subsidiaries, employees and assignees, or any of them; and any other customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims that Customer's Contractors, Subcontractors, or customers, may have for Property Damage sustained by them and for Bodily Injury or Property Damage sustained by their employees, resulting from Licensed Activities and arising out of the indemnifying party's failure to implement properly the waiver requirement.

    (c) To the extent provided in advance in an appropriations law or to the extent there is enacted additional legislative authority providing for the payment of claims, the United States shall hold harmless and indemnify Licensee, Customer, any Part 440 Customer, and their respective directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims that Contractors and Subcontractors of the United States may have for Property Damage sustained by them, and for Bodily Injury or Property Damage sustained by their employees, resulting from Licensed Activities and arising out of the indemnifying party's failure to implement properly the waiver requirement, to the extent that claims they would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e), respectively, of the Regulations.

    6. Assurances Under 51 U.S.C. 50914(e)

    Notwithstanding any provision of this Agreement to the contrary, Licensee shall hold harmless and indemnify the United States and its agencies, servants, agents, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims for Bodily Injury or Property Damage, resulting from Licensed Activities, regardless of fault, except to the extent that: (i) As provided in paragraph 7(b) of this Agreement, claims result from willful misconduct of the United States or its agents; (ii) claims for Property Damage sustained by the United States or its Contractors and Subcontractors exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(e) of the Regulations; (iii) claims by a Third Party for Bodily Injury or Property Damage exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) of the Regulations, and do not exceed $1,500,000,000 (as adjusted for inflation after January 1, 1989) above such amount, and are payable pursuant to the provisions of 51 U.S.C. 50915 and § 440.19 of the Regulations; or (iv) Licensee has no liability for claims exceeding $1,500,000,000 (as adjusted for inflation after January 1, 1989) above the amount of insurance or demonstration of financial responsibility required under § 440.9(c) of the Regulations.

    7. Miscellaneous

    (a) Nothing contained herein shall be construed as a waiver or release by Licensee, Customer or the United States of any claim by an employee of the Licensee, Customer or the United States, respectively, including a member of the Armed Forces of the United States, for Bodily Injury or Property Damage, resulting from Licensed Activities.

    (b) Notwithstanding any provision of this Agreement to the contrary, any waiver, release, assumption of responsibility or agreement to hold harmless and indemnify herein shall not apply to claims for Bodily Injury or Property Damage resulting from willful misconduct of any of the Parties, the Contractors and Subcontractors of any of the Parties, any Part 440 Customer, the Contractors and Subcontractors of any Part 440 Customer, and in the case of Licensee, Customer, any Part 440 Customer, and the Contractors and Subcontractors of each of them, the directors, officers, agents and employees of any of the foregoing, and in the case of the United States, its agents.

    (c) This Agreement shall be governed by and construed in accordance with United States Federal law.

    In witness whereof, the Parties to this Agreement have caused the Agreement to be duly executed by their respective duly authorized representatives as of the date written above.

    Licensee By: Its: Customer By: Its: Federal Aviation Administration of the Department of Transportation on Behalf of the United States Government By: Its: Associate Administrator for Commercial Space Transportation Subpart B—Waiver of Claims and Assumption of Responsibility for Licensed Launch, Including Suborbital Launch, With More Than One Customer

    This agreement is entered into this__day of____, by and among [Licensee] (the “Licensee”); [List of Customers]; (with [List of Customers] hereinafter referred to in their individual capacity as “Customer”); and the Federal Aviation Administration of the Department of Transportation, on behalf of the United States Government (collectively, the “Parties”), to implement the provisions of § 440.17(c) of the Commercial Space Transportation Licensing Regulations, 14 CFR Ch. III (the “Regulations”). This agreement applies to the launch of [Payload] payload on a [Launch Vehicle] vehicle at [Location of Launch Site].

    In consideration of the mutual releases and promises contained herein, the Parties hereby agree as follows:

    1. Definitions

    Contractors and Subcontractors means entities defined by § 440.3 of the Regulations.

    Customer means each above-named Customer.

    Part 440 Customer means a customer defined by § 440.3 of the Regulations, other than the above-named Customer.

    License means License No.__issued on____, by the Associate Administrator for Commercial Space Transportation, Federal Aviation Administration, Department of Transportation, to the Licensee, including all license orders issued in connection with the License.

    Licensee means the Licensee and any transferee of the Licensee under 51 U.S.C. Subtitle V, ch. 509.

    United States means the United States and its agencies involved in Licensed Activities. Except as otherwise defined herein, terms used in this Agreement and defined in 51 U.S.C. Subtitle V, ch. 509—Commercial Space Launch Activities, or in the Regulations, shall have the same meaning as contained in 51 U.S.C. Subtitle V, ch. 509, or the Regulations, respectively.

    2. Waiver and Release of Claims

    (a) Licensee hereby waives and releases claims it may have against each Customer, the United States, any Part 440 Customer, and each of their respective Contractors and Subcontractors, for Property Damage it sustains and for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault.

    (b) Each Customer hereby waives and releases claims it may have against Licensee, the United States, any other customer, and each of their respective Contractors and Subcontractors for Property Damage it sustains and for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault.

    (c) The United States hereby waives and releases claims it may have against Licensee, each Customer, any Part 440 Customer, and each of their respective Contractors and Subcontractors, for Property Damage it sustains, and for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault, to the extent that claims it would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e), respectively, of the Regulations.

    3. Assumption of Responsibility

    (a) Licensee and each Customer shall each be responsible for Property Damage it sustains and for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault. Licensee and each Customer shall each hold harmless and indemnify each other, the United States, any other customer, and the Contractors and Subcontractors of each, for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault.

    (b) The United States shall be responsible for Property Damage it sustains, and for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault, to the extent that claims it would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e), respectively, of the Regulations.

    4. Extension of Assumption of Responsibility and Waiver and Release of Claims

    (a) Licensee shall extend the requirements of the waiver and release of claims, and the assumption of responsibility, hold harmless, and indemnification, as set forth in paragraphs 2(a) and 3(a), respectively, to its Contractors and Subcontractors by requiring them to waive and release all claims they may have against each Customer, the United States, any Part 440 Customer, and each of their respective Contractors and Subcontractors, and to agree to be responsible, for Property Damage they sustain and to be responsible, hold harmless and indemnify each Customer, the United States, any Part 440 Customer, and each of their respective Contractors and Subcontractors, for Bodily Injury or Property Damage sustained by their own employees, resulting from Licensed Activities, regardless of fault.

    (b) Each Customer shall extend the requirements of the waiver and release of claims, and the assumption of responsibility, hold harmless, and indemnification, as set forth in paragraphs 2(b) and 3(a), respectively, to its customers, Contractors, and Subcontractors, by requiring them to waive and release all claims they may have against Licensee, the United States, and any other customer, and each of their respective Contractors and Subcontractors, and to agree to be responsible, for Property Damage they sustain and to be responsible, hold harmless and indemnify Licensee, the United States, and any other customer, and each of their respective Contractors and Subcontractors, for Bodily Injury or Property Damage sustained by their own employees, resulting from Licensed Activities, regardless of fault.

    (c) The United States shall extend the requirements of the waiver and release of claims, and the assumption of responsibility as set forth in paragraphs 2(c) and 3(b), respectively, to its Contractors and Subcontractors by requiring them to waive and release all claims they may have against Licensee, each Customer, any Part 440 Customer, and each of their respective Contractors and Subcontractors, and to agree to be responsible, for any Property Damage they sustain and for any Bodily Injury or Property Damage sustained by their own employees, resulting from Licensed Activities, regardless of fault, to the extent that claims they would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e), respectively, of the Regulations.

    5. Indemnification

    (a) Licensee shall hold harmless and indemnify each Customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them; the United States and its agencies, servants, agents, subsidiaries, employees and assignees, or any of them; and any part 440 customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims that Licensee's Contractors and Subcontractors may have for Property Damage sustained by them and for Bodily Injury or Property Damage sustained by their employees, resulting from Licensed Activities and arising out of the indemnifying party's failure to implement properly the waiver requirement.

    (b) Each Customer shall hold harmless and indemnify Licensee and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them; the United States and its agencies, servants, agents, subsidiaries, employees and assignees, or any of them; and any other customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims that each Customer's Contractors, Subcontractors, or customers, may have for Property Damage sustained by them and for Bodily Injury or Property Damage sustained by their employees, resulting from Licensed Activities and arising out of the indemnifying party's failure to implement properly the waiver requirement.

    (c) To the extent provided in advance in an appropriations law or to the extent there is enacted additional legislative authority providing for the payment of claims, the United States shall hold harmless and indemnify Licensee, each Customer, any Part 440 Customer, and their respective directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims that Contractors and Subcontractors of the United States may have for Property Damage sustained by them, and for Bodily Injury or Property Damage sustained by their employees, resulting from Licensed Activities and arising out of the indemnifying party's failure to implement properly the waiver requirement, to the extent that claims they would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e), respectively, of the Regulations.

    6. Assurances Under 51 U.S.C. 50914(e)

    Notwithstanding any provision of this Agreement to the contrary, Licensee shall hold harmless and indemnify the United States and its agencies, servants, agents, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims for Bodily Injury or Property Damage, resulting from Licensed Activities, regardless of fault, except to the extent that: (i) As provided in paragraph 7(b) of this Agreement, claims result from willful misconduct of the United States or its agents; (ii) claims for Property Damage sustained by the United States or its Contractors and Subcontractors exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(e) of the Regulations; (iii) claims by a Third Party for Bodily Injury or Property Damage exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) of the Regulations, and do not exceed $1,500,000,000 (as adjusted for inflation after January 1, 1989) above such amount, and are payable pursuant to the provisions of 51 U.S.C. 50915 and § 440.19 of the Regulations; or (iv) Licensee has no liability for claims exceeding $1,500,000,000 (as adjusted for inflation after January 1, 1989) above the amount of insurance or demonstration of financial responsibility required under § 440.9(c) of the Regulations.

    7. Miscellaneous

    (a) Nothing contained herein shall be construed as a waiver or release by Licensee, any Customer or the United States of any claim by an employee of the Licensee, any Customer or the United States, respectively, including a member of the Armed Forces of the United States, for Bodily Injury or Property Damage, resulting from Licensed Activities.

    (b) Notwithstanding any provision of this Agreement to the contrary, any waiver, release, assumption of responsibility or agreement to hold harmless and indemnify herein shall not apply to claims for Bodily Injury or Property Damage resulting from willful misconduct of any of the Parties, the Contractors and Subcontractors of any of the Parties, any Part 440 Customer, the Contractors and Subcontractors of any Part 440 Customer, and in the case of Licensee, each Customer, any Part 440 Customer, and the Contractors and Subcontractors of each of them, the directors, officers, agents and employees of any of the foregoing, and in the case of the United States, its agents.

    (c) References herein to Customer shall apply to, and be deemed to include, each such customer severally and not jointly.

    (d) This Agreement shall be governed by and construed in accordance with United States Federal law.

    In witness whereof, the Parties to this Agreement have caused the Agreement to be duly executed by their respective duly authorized representatives as of the date written above.

    Licensee By: Its: Customer 1 By: Its: [Signature lines for each additional customer] Federal Aviation Administration of the Department of Transportation on Behalf of the United States Government By: Its: Associate Administrator for Commercial Space Transportation Part 2—Waiver of Claims and Assumption of Responsibility for Licensed Reentry Subpart A—Waiver of Claims and Assumption of Responsibility for Licensed Reentry With One Customer

    This Agreement is entered into this __ day of ____, by and among [Licensee] (the “Licensee”), [Customer] (the “Customer”), and the Federal Aviation Administration of the Department of Transportation, on behalf of the United States Government (collectively, the “Parties”), to implement the provisions of § 440.17(c) of the Commercial Space Transportation Licensing Regulations, 14 CFR Ch. III (the “Regulations”). This agreement applies to the reentry of the [Payload] payload on a [Reentry Vehicle] vehicle.

    In consideration of the mutual releases and promises contained herein, the Parties hereby agree as follows:

    1. Definitions

    Contractors and Subcontractors means entities defined by § 440.3 of the Regulations.

    Customer means the above-named Customer.

    Part 440 Customer means a customer defined by § 440.3 of the Regulations, other than the above named Customer.

    License means License No. __ issued on ____, by the Associate Administrator for Commercial Space Transportation, Federal Aviation Administration, Department of Transportation, to the Licensee, including all license orders issued in connection with the License.

    Licensee means the Licensee and any transferee of the Licensee under 51 U.S.C. Subtitle V, ch. 509.

    United States means the United States and its agencies involved in Licensed Activities. Except as otherwise defined herein, terms used in this Agreement and defined in 51 U.S.C. Subtitle V, ch. 509—Commercial Space Launch Activities, or in the Regulations, shall have the same meaning as contained in 51 U.S.C. Subtitle V, ch. 509, or the Regulations, respectively.

    2. Waiver and Release of Claims

    (a) Licensee hereby waives and releases claims it may have against Customer, the United States, any Part 440 Customer, and each of their respective Contractors and Subcontractors, for Property Damage it sustains and for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault.

    (b) Customer hereby waives and releases claims it may have against Licensee, the United States, any other customer, and each of their respective Contractors and Subcontractors, for Property Damage it sustains and for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault.

    (c) The United States hereby waives and releases claims it may have against Licensee, Customer, any Part 440 Customer, and each of their respective Contractors and Subcontractors, for Property Damage it sustains, and for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault, to the extent that claims it would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e), respectively, of the Regulations.

    3. Assumption of Responsibility

    (a) Licensee and Customer shall each be responsible for Property Damage it sustains and for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault. Licensee and Customer shall each hold harmless and indemnify each other, the United States, any other customer, and the Contractors and Subcontractors of each, for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault.

    (b) The United States shall be responsible for Property Damage it sustains, and for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault, to the extent that claims it would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e) of the Regulations.

    4. Extension of Assumption of Responsibility and Waiver and Release of Claims

    (a) Licensee shall extend the requirements of the waiver and release of claims, and the assumption of responsibility, hold harmless, and indemnification, as set forth in paragraphs 2(a) and 3(a), respectively, to its Contractors and Subcontractors by requiring them to waive and release all claims they may have against Customer, the United States, any Part 440 Customer, and each of their respective Contractors and Subcontractors, and to agree to be responsible, for Property Damage they sustain and to be responsible, hold harmless and indemnify Customer, the United States, any Part 440 Customer, and each of their respective Contractors and Subcontractors, for Bodily Injury or Property Damage sustained by their own employees, resulting from Licensed Activities, regardless of fault.

    (b) Customer shall extend the requirements of the waiver and release of claims, and the assumption of responsibility, hold harmless, and indemnification, as set forth in paragraphs 2(b) and 3(a), respectively, to its customers, Contractors, and Subcontractors, by requiring them to waive and release all claims they may have against Licensee, the United States, and any other customer, and each of their respective Contractors and Subcontractors, and to agree to be responsible, for Property Damage they sustain and to be responsible, hold harmless and indemnify Licensee, the United States, and any other customer, and each of their respective Contractors and Subcontractors, for Bodily Injury or Property Damage sustained by their own employees, resulting from Licensed Activities, regardless of fault.

    (c) The United States shall extend the requirements of the waiver and release of claims, and the assumption of responsibility as set forth in paragraphs 2(c) and 3(b), respectively, to its Contractors and Subcontractors by requiring them to waive and release all claims they may have against Licensee, Customer, any Part 440 Customer, and each of their respective Contractors and Subcontractors, and to agree to be responsible, for any Property Damage they sustain and for any Bodily Injury or Property Damage sustained by their own employees, resulting from Licensed Activities, regardless of fault, to the extent that claims they would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e), respectively, of the Regulations.

    5. Indemnification

    (a) Licensee shall hold harmless and indemnify Customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them; the United States and its agencies, servants, agents, subsidiaries, employees and assignees, or any of them; and any Part 440 Customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them from and against liability, loss or damage arising out of claims that Licensee's Contractors and Subcontractors may have for Property Damage sustained by them and for Bodily Injury or Property Damage sustained by their employees, resulting from Licensed Activities and arising out of the indemnifying party's failure to implement properly the waiver requirement.

    (b) Customer shall hold harmless and indemnify Licensee and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them; the United States and its agencies, servants, agents, subsidiaries, employees and assignees, or any of them; and any other customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them from and against liability, loss or damage arising out of claims that Customer's Contractors, Subcontractors, or customers may have for Property Damage sustained by them and for Bodily Injury or Property Damage sustained by their employees, resulting from Licensed Activities and arising out of the indemnifying party's failure to implement properly the waiver requirement.

    (c) To the extent provided in advance in an appropriations law or to the extent there is enacted additional legislative authority providing for the payment of claims, the United States shall hold harmless and indemnify Licensee, Customer, any Part 440 Customer, and their respective directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims that Contractors and Subcontractors of the United States may have for Property Damage sustained by them, and for Bodily Injury or Property Damage sustained by their employees, resulting from Licensed Activities and arising out of the indemnifying party's failure to implement properly the waiver requirement, to the extent that claims they would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e) of the Regulations.

    6. Assurances Under 51 U.S.C. 50914(e)

    Notwithstanding any provision of this Agreement to the contrary, Licensee shall hold harmless and indemnify the United States and its agencies, servants, agents, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims for Bodily Injury or Property Damage, resulting from Licensed Activities, regardless of fault, except to the extent that: (i) As provided in paragraph 7(b) of this Agreement, claims result from willful misconduct of the United States or its agents; (ii) claims for Property Damage sustained by the United States or its Contractors and Subcontractors exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(e) of the Regulations; (iii) claims by a Third Party for Bodily Injury or Property Damage exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) of the Regulations, and do not exceed $1,500,000,000 (as adjusted for inflation after January 1, 1989) above such amount, and are payable pursuant to the provisions of 51 U.S.C. 50915 and § 440.19 of the Regulations; or (iv) Licensee has no liability for claims exceeding $1,500,000,000 (as adjusted for inflation after January 1, 1989) above the amount of insurance or demonstration of financial responsibility required under § 440.9(c) of the Regulations.

    7. Miscellaneous

    (a) Nothing contained herein shall be construed as a waiver or release by Licensee, Customer or the United States of any claim by an employee of the Licensee, Customer or the United States, respectively, including a member of the Armed Forces of the United States, for Bodily Injury or Property Damage, resulting from Licensed Activities.

    (b) Notwithstanding any provision of this Agreement to the contrary, any waiver, release, assumption of responsibility or agreement to hold harmless and indemnify herein shall not apply to claims for Bodily Injury or Property Damage resulting from willful misconduct of any of the Parties, the Contractors and Subcontractors of any of the Parties, any Part 440 Customer, the Contractors and Subcontractors of any Part 440 Customer, and in the case of Licensee, Customer, any Part 440 Customer, and the Contractors and Subcontractors of each of them, the directors, officers, agents and employees of any of the foregoing, and in the case of the United States, its agents.

    (c) This Agreement shall be governed by and construed in accordance with United States Federal law.

    In Witness Whereof, the Parties to this Agreement have caused the Agreement to be duly executed by their respective duly authorized representatives as of the date written above.

    Licensee By: Its: Customer By: Its: Federal Aviation Administration of the Department of Transportation on Behalf of the United States Government By: Its: Associate Administrator for Commercial Space Transportation Subpart B—Waiver of Claims and Assumption of Responsibility for Licensed Reentry With More Than One Customer

    This agreement is entered into this __ day of ____, by and among [Licensee] (the “Licensee”); [List of Customers] (with [List of Customers] hereinafter referred to in their individual capacity as “Customer”); and the Federal Aviation Administration of the Department of Transportation, on behalf of the United States Government (collectively, the “Parties”), to implement the provisions of § 440.17(c) of the Commercial Space Transportation Licensing Regulations, 14 CFR Ch. III (the “Regulations”). This agreement applies to the reentry of [Payload] payload on a [Reentry Vehicle] vehicle.

    In consideration of the mutual releases and promises contained herein, the Parties hereby agree as follows:

    1. Definitions

    Contractors and Subcontractors means entities described in § 440.3 of the Regulations.

    Customer means each above-named Customer.

    Part 440 Customer means a customer defined by § 440.3 of the Regulations, other than the above-named customer.

    License means License No. __ issued on ____, by the Associate Administrator for Commercial Space Transportation, Federal Aviation Administration, Department of Transportation, to the Licensee, including all license orders issued in connection with the License.

    Licensee means the Licensee and any transferee of the Licensee under 51 U.S.C. Subtitle V, ch. 509.

    United States means the United States and its agencies involved in Licensed Activities. Except as otherwise defined herein, terms used in this Agreement and defined in 51 U.S.C. Subtitle V, ch. 509—Commercial Space Launch Activities, or in the Regulations, shall have the same meaning as contained in 51 U.S.C. Subtitle V, ch. 509, or the Regulations, respectively.

    2. Waiver and Release of Claims

    (a) Licensee hereby waives and releases claims it may have against each Customer, the United States, any Part 440 Customer, and each of their respective Contractors and Subcontractors, for Property Damage it sustains and for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault.

    (b) Each Customer hereby waives and releases claims it may have against Licensee, the United States, any other customer, and each of their respective Contractors and Subcontractors, for Property Damage it sustains and for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault.

    (c) The United States hereby waives and releases claims it may have against Licensee, each Customer, any Part 440 Customer, and each of their respective Contractors and Subcontractors, for Property Damage it sustains, and for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault, to the extent that claims it would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e), respectively, of the Regulations.

    3. Assumption of Responsibility

    (a) Licensee and each Customer shall each be responsible for Property Damage it sustains and for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault. Licensee and each Customer shall each hold harmless and indemnify each other, the United States, any other customer, and the Contractors and Subcontractors of each, for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault.

    (b) The United States shall be responsible for Property Damage it sustains, and for Bodily Injury or Property Damage sustained by its own employees, resulting from Licensed Activities, regardless of fault, to the extent that claims it would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e), respectively, of the Regulations.

    4. Extension of Assumption of Responsibility and Waiver and Release of Claims

    (a) Licensee shall extend the requirements of the waiver and release of claims, and the assumption of responsibility, hold harmless, and indemnification, as set forth in paragraphs 2(a) and 3(a), respectively, to its Contractors and Subcontractors by requiring them to waive and release all claims they may have against each Customer, the United States, any Part 440 Customer, and each of their respective Contractors and Subcontractors, and to agree to be responsible, for Property Damage they sustain and to be responsible, hold harmless and indemnify each Customer, the United States, any Part 440 Customer, and each of their respective Contractors and Subcontractors, for Bodily Injury or Property Damage sustained by their own employees, resulting from Licensed Activities, regardless of fault.

    (b) Each Customer shall extend the requirements of the waiver and release of claims, and the assumption of responsibility, hold harmless, and indemnification, as set forth in paragraphs 2(b) and 3(a), respectively, to its customers, Contractors, and Subcontractors, by requiring them to waive and release all claims they may have against Licensee, the United States, and any other customer, and each of their respective Contractors and Subcontractors, and to agree to be responsible, for Property Damage they sustain and to be responsible, hold harmless and indemnify Licensee, the United States, and any other customer, and each of their respective Contractors and Subcontractors, for Bodily Injury or Property Damage sustained by their own employees, resulting from Licensed Activities, regardless of fault.

    (c) The United States shall extend the requirements of the waiver and release of claims, and the assumption of responsibility as set forth in paragraphs 2(c) and 3(b), respectively, to its Contractors and Subcontractors by requiring them to waive and release all claims they may have against Licensee, each Customer, any Part 440 Customer, and each of their respective Contractors and Subcontractors, and to agree to be responsible, for any Property Damage they sustain and for any Bodily Injury or Property Damage sustained by their own employees, resulting from Licensed Activities, regardless of fault, to the extent that claims they would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e), respectively, of the Regulations.

    5. Indemnification

    (a) Licensee shall hold harmless and indemnify each Customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them; the United States and its agencies, servants, agents, subsidiaries, employees and assignees, or any of them; and any Part 440 Customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims that Licensee's Contractors and Subcontractors may have for Property Damage sustained by them and for Bodily Injury or Property Damage sustained by their employees, resulting from Licensed Activities and arising out of the indemnifying party's failure to implement properly the waiver requirement.

    (b) Each Customer shall hold harmless and indemnify Licensee and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them; and the United States and any other customer as defined by § 440.3 its agencies, servants, agents, subsidiaries, employees and assignees, or any of them; and any other customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims that each Customer's Contractors, Subcontractors, and customers, may have for Property Damage sustained by them and for Bodily Injury or Property Damage sustained by their employees, resulting from Licensed Activities and arising out of the indemnifying party's failure to implement properly the waiver requirement.

    (c) To the extent provided in advance in an appropriations law or to the extent there is enacted additional legislative authority providing for the payment of claims, the United States shall hold harmless and indemnify Licensee, each Customer, any Part 440 Customer, and their respective directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims that Contractors and Subcontractors of the United States may have for Property Damage sustained by them, and for Bodily Injury or Property Damage sustained by their employees, resulting from Licensed Activities and arising out of the indemnifying party's failure to implement properly the waiver requirement, to the extent that claims they would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e), respectively, of the Regulations.

    6. Assurances Under 51 U.S.C. 50914(e)

    Notwithstanding any provision of this Agreement to the contrary, Licensee shall hold harmless and indemnify the United States and its agencies, servants, agents, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims for Bodily Injury or Property Damage, resulting from Licensed Activities, regardless of fault, except to the extent that: (i) As provided in paragraph 7(b) of this Agreement, claims result from willful misconduct of the United States or its agents; (ii) claims for Property Damage sustained by the United States or its Contractors and Subcontractors exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(e) of the Regulations; (iii) claims by a Third Party for Bodily Injury or Property Damage exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) of the Regulations, and do not exceed $1,500,000,000 (as adjusted for inflation after January 1, 1989) above such amount, and are payable pursuant to the provisions of 51 U.S.C. 50915 and § 440.19 of the Regulations; or (iv) Licensee has no liability for claims exceeding $1,500,000,000 (as adjusted for inflation after January 1, 1989) above the amount of insurance or demonstration of financial responsibility required under § 440.9(c) of the Regulations.

    7. Miscellaneous

    (a) Nothing contained herein shall be construed as a waiver or release by Licensee, any Customer or the United States of any claim by an employee of the Licensee, any Customer or the United States, respectively, including a member of the Armed Forces of the United States, for Bodily Injury or Property Damage, resulting from Licensed Activities.

    (b) Notwithstanding any provision of this Agreement to the contrary, any waiver, release, assumption of responsibility or agreement to hold harmless and indemnify herein shall not apply to claims for Bodily Injury or Property Damage resulting from willful misconduct of any of the Parties, the Contractors and Subcontractors of any of the Parties, any Part 440 Customers, the Contractors and Subcontractors of any Part 440 Customer, and in the case of Licensee, each Customer, any Part 440 Customer, and the Contractors and Subcontractors of each of them, the directors, officers, agents and employees of any of the foregoing, and in the case of the United States, its agents.

    (c) References herein to Customer shall apply to, and be deemed to include, each such customer severally and not jointly.

    (d) This Agreement shall be governed by and construed in accordance with United States Federal law.

    In witness whereof, the Parties to this Agreement have caused the Agreement to be duly executed by their respective duly authorized representatives as of the date written above.

    Licensee By: Its: Customer 1 By: Its: [Signature lines for each additional customer] Federal Aviation Administration of the Department of Transportation on Behalf of the United States Government By: Its: Associate Administrator for Commercial Space Transportation
    5. Revise appendix C to part 440 to read as follows: Appendix C to Part 440—Agreement for Waiver of Claims and Assumption of Responsibility for Permitted Activities Part 1—Waiver of Claims and Assumption of Responsibility for Permitted Activities With No Customer

    This agreement is entered into this __ day of ____, by and between [Permittee] (the “Permittee”) and the Federal Aviation Administration of the Department of Transportation, on behalf of the United States Government (collectively, the “Parties”), to implement the provisions of § 440.17(c) of the Commercial Space Transportation Licensing Regulations, 14 CFR Ch. III (the “Regulations”). This agreement applies to [describe permitted activity]. In consideration of the mutual releases and promises contained herein, the Parties hereby agree as follows:

    1. Definitions

    Contractors and Subcontractors means entities defined by § 440.3 of the Regulations.

    Permit means Permit No._______issued on ____________, by the Associate Administrator for Commercial Space Transportation, Federal Aviation Administration, Department of Transportation, to the Permittee, including all permit orders issued in connection with the Permit.

    Permittee means the holder of the Permit issued under 51 U.S.C. Subtitle V, ch. 509.

    United States means the United States and its agencies involved in Permitted Activities. Except as otherwise defined herein, terms used in this Agreement and defined in 51 U.S.C. Subtitle V, ch. 509—Commercial Space Launch Activities, or in the Regulations, shall have the same meaning as contained in 51 U.S.C. Subtitle V, ch. 509, or the Regulations, respectively.

    2. Waiver and Release of Claims

    (a) Permittee hereby waives and releases claims it may have against the United States, and against its Contractors and Subcontractors, for Property Damage it sustains and for Bodily Injury or Property Damage sustained by its own employees, resulting from Permitted Activities, regardless of fault.

    (b) The United States hereby waives and releases claims it may have against Permittee and against its Contractors and Subcontractors, for Property Damage it sustains resulting from Permitted Activities, regardless of fault, to the extent that claims it would otherwise have for such damage exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(e) of the Regulations.

    3. Assumption of Responsibility

    (a) Permittee shall be responsible for Property Damage it sustains and for Bodily Injury or Property Damage sustained by its own employees, resulting from Permitted Activities, regardless of fault. Permittee shall hold harmless and indemnify the United States, and the Contractors and Subcontractors of the United States, for Bodily Injury or Property Damage sustained by its own employees, resulting from Permitted Activities, regardless of fault.

    (b) The United States shall be responsible for Property Damage it sustains, resulting from Permitted Activities, regardless of fault, to the extent that claims it would otherwise have for such damage exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(e) of the Regulations.

    4. Extension of Assumption of Responsibility and Waiver and Release of Claims

    (a) Permittee shall extend the requirements of the waiver and release of claims, and the assumption of responsibility, hold harmless, and indemnification, as set forth in paragraphs 2(a) and 3(a), respectively, to its Contractors and Subcontractors by requiring them to waive and release all claims they may have against the United States, and against the Contractors and Subcontractors of the United States, and to agree to be responsible for Property Damage they sustain and to be responsible, hold harmless, and indemnify the United States, and the Contractors and Subcontractors of the United States, for Bodily Injury or Property Damage sustained by their own employees, resulting from Permitted Activities, regardless of fault.

    (b) The United States shall extend the requirements of the waiver and release of claims, and the assumption of responsibility as set forth in paragraphs 2(b) and 3(b), respectively, to its Contractors and Subcontractors by requiring them to waive and release all claims they may have against Permittee, and against the Contractors and Subcontractors of Permittee, and to agree to be responsible, for any Property Damage they sustain, resulting from Permitted Activities, regardless of fault, to the extent that claims they would otherwise have for such damage exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(e) of the Regulations.

    5. Indemnification

    Permittee shall hold harmless and indemnify the United States and its agencies, servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss, or damage arising out of claims that Permittee's Contractors and Subcontractors may have for Property Damage sustained by them and for Bodily Injury or Property Damage sustained by their employees, resulting from Permitted Activities and arising out of the indemnifying party's failure to implement properly the waiver requirement.

    6. Assurances Under 51 U.S.C. 50914(e)

    (a) Permittee shall hold harmless and indemnify Customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them; the United States and its agencies, servants, agents, subsidiaries, employees and assignees, or any of them; and any Part 440 Customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims that Permittee's Contractors and Subcontractors may have for Property Damage sustained by them and for Bodily Injury or Property Damage sustained by their employees, resulting from Permitted Activities.

    (b) Customer shall hold harmless and indemnify Permittee and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them; the United States and its agencies, servants, agents, subsidiaries, employees and assignees, or any of them; and any other customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims that Customer's Contractors, Subcontractors, and customers, may have for Property Damage sustained by them and for Bodily Injury or Property Damage sustained by their employees, resulting from Permitted Activities.

    7. Miscellaneous

    (a) Nothing contained herein shall be construed as a waiver or release by Permittee or the United States of any claim by an employee of the Permittee or the United States, respectively, including a member of the Armed Forces of the United States, for Bodily Injury or Property Damage, resulting from Permitted Activities.

    (b) Notwithstanding any provision of this Agreement to the contrary, any waiver, release, assumption of responsibility, or agreement to hold harmless and indemnify herein shall not apply to claims for Bodily Injury or Property Damage resulting from willful misconduct of any of the Parties, the Contractors and Subcontractors of any of the Parties, and in the case of Permittee and its Contractors and Subcontractors, the directors, officers, agents, and employees of any of the foregoing, and in the case of the United States, its agents.

    (c) This Agreement shall be governed by and construed in accordance with United States Federal law.

    In witness whereof, the Parties to this Agreement have caused the Agreement to be duly executed by their respective duly authorized representatives as of the date written above.

    Permittee By: Its: Federal Aviation Administration of the Department of Transportation on Behalf of the United States Government By: Its: Associate Administrator for Commercial Space Transportation Part 2—Waiver of Claims and Assumption of Responsibility for Permitted Activities With One Customer

    This agreement is entered into this __ day of ____, by and among [Permittee] (the “Permittee”), [Customer] (the “Customer”) and the Federal Aviation Administration of the Department of Transportation, on behalf of the United States Government (collectively, the “Parties”), to implement the provisions of § 440.17(c) of the Commercial Space Transportation Licensing Regulations, 14 CFR Ch. III (the “Regulations”). This agreement applies to [describe permitted activity]. In consideration of the mutual releases and promises contained herein, the Parties hereby agree as follows:

    1. Definitions

    Contractors and Subcontractors means entities defined by § 440.3 of the Regulations.

    Customer means the above-named Customer.

    Part 440 Customer means a customer defined by § 440.3 of the Regulations, other than the above-named customer.

    Permit means Permit No. __ issued on ____, by the Associate Administrator for Commercial Space Transportation, Federal Aviation Administration, Department of Transportation, to the Permittee, including all permit orders issued in connection with the Permit.

    Permittee means the holder of the Permit issued under 51 U.S.C. Subtitle V, ch. 509.

    United States means the United States and its agencies involved in Permitted Activities.

    Except as otherwise defined herein, terms used in this Agreement and defined in 51 U.S.C. Subtitle V, ch. 509—Commercial Space Launch Activities, or in the Regulations, shall have the same meaning as contained in 51 U.S.C. Subtitle V, ch. 509, or the Regulations, respectively.

    2. Waiver and Release of Claims

    (a) Permittee hereby waives and releases claims it may have against Customer, the United States, any Part 440 Customer, and each of their respective Contractors and Subcontractors, for Property Damage it sustains and for Bodily Injury or Property Damage sustained by its own employees, resulting from Permitted Activities, regardless of fault.

    (b) Customer hereby waives and releases claims it may have against Permittee, the United States, any other customer, and each of their respective Contractors and Subcontractors, for Bodily Injury or Property Damage sustained by its own employees, resulting from Permitted Activities, regardless of fault.

    (c) The United States hereby waives and releases claims it may have against Permittee, Customer, any Part 440 Customer, and each of their respective Contractors and Subcontractors, for Property Damage it sustains, and for Bodily Injury or Property Damage sustained by its own employees, resulting from Permitted Activities, regardless of fault, to the extent that claims it would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e), respectively, of the Regulations.

    3. Assumption of Responsibility

    (a) Permittee and Customer shall each be responsible for Property Damage it sustains and for Bodily Injury or Property Damage sustained by its own employees, resulting from Permitted Activities, regardless of fault. Permittee and Customer shall each hold harmless and indemnify each other, the United States, any other customer, and the Contractors and Subcontractors of each, for Bodily Injury or Property Damage sustained by its own employees, resulting from Permitted Activities, regardless of fault.

    (b) The United States shall be responsible for Property Damage it sustains, resulting from Permitted Activities, regardless of fault, to the extent that claims it would otherwise have for such damage exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(e) of the Regulations.

    4. Extension of Assumption of Responsibility and Waiver and Release of Claims

    (a) Permittee shall extend the requirements of the waiver and release of claims, and the assumption of responsibility, hold harmless, and indemnification, as set forth in paragraphs 2(a) and 3(a), respectively, to its Contractors and Subcontractors by requiring them to waive and release all claims they may have against Customer, the United States, any Part 440 Customer, and each of their respective Contractors and Subcontractors, and to agree to be responsible, for Property Damage they sustain and to be responsible, hold harmless and indemnify Customer, the United States, any Part 440 Customer, and each of their respective Contractors and Subcontractors, for Bodily Injury or Property Damage sustained by their own employees, resulting from Permitted Activities, regardless of fault.

    (b) Customer shall extend the requirements of the waiver and release of claims, and the assumption of responsibility, hold harmless, and indemnification, as set forth in paragraphs 2(b) and 3(a), respectively, to its customers, Contractors, and Subcontractors, by requiring them to waive and release all claims they may have against Permittee, the United States, any other customer, and each of their respective Contractors and Subcontractors, and to agree to be responsible, for Property Damage they sustain and to be responsible, hold harmless and indemnify Permittee, the United States, any other customer, and each of their respective Contractors and Subcontractors, for Bodily Injury or Property Damage sustained by their own employees, resulting from Permitted Activities, regardless of fault.

    (c) The United States shall extend the requirements of the waiver and release of claims, and the assumption of responsibility as set forth in paragraphs 2(c) and 3(b), respectively, to its Contractors and Subcontractors by requiring them to waive and release all claims they may have against Permittee, Customer, any Part 440 Customer, and each of their respective Contractors and Subcontractors, and to agree to be responsible, for any Property Damage they sustain and for any Bodily Injury or Property Damage sustained by their own employees, resulting from Permitted Activities, regardless of fault, to the extent that claims they would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e), respectively, of the Regulations.

    5. Indemnification

    (a) Permittee shall hold harmless and indemnify Customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them; the United States and its agencies, servants, agents, subsidiaries, employees and assignees, or any of them; and any Part 440 Customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims that Permittee's Contractors and Subcontractors may have for Property Damage sustained by them and for Bodily Injury or Property Damage sustained by their employees, resulting from Permitted Activities and arising out of the indemnifying party's failure to implement properly the waiver requirement.

    (b) Customer shall hold harmless and indemnify Permittee and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them; the United States and its agencies, servants, agents, subsidiaries, employees and assignees, or any of them; and any other customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims that Customer's Contractors, Subcontractors, and customers, may have for Property Damage sustained by them and for Bodily Injury or Property Damage sustained by their employees, resulting from Permitted Activities and arising out of the indemnifying party's failure to implement properly the waiver requirement.

    6. Assurances Under 51 U.S.C. 50914(e)

    Notwithstanding any provision of this Agreement to the contrary, Permittee shall hold harmless and indemnify the United States and its agencies, servants, agents, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims for Bodily Injury or Property Damage, resulting from Permitted Activities, regardless of fault, except to the extent that: (i) As provided in paragraph 7(b) of this Agreement, claims result from willful misconduct of the United States or its agents; (ii) claims for Property Damage sustained by the United States or its Contractors and Subcontractors exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(e) of the Regulations; (iii) claims by a Third Party for Bodily Injury or Property Damage exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) of the Regulations, and do not exceed $1,500,000,000 (as adjusted for inflation after January 1, 1989) above such amount, and are payable pursuant to the provisions of 51 U.S.C. 50915 and § 440.19 of the Regulations; or (iv) Licensee has no liability for claims exceeding $1,500,000,000 (as adjusted for inflation after January 1, 1989) above the amount of insurance or demonstration of financial responsibility required under § 440.9(c) of the Regulations.

    7. Miscellaneous

    (a) Nothing contained herein shall be construed as a waiver or release by Permittee, Customer or the United States of any claim by an employee of the Permittee, Customer or the United States, respectively, including a member of the Armed Forces of the United States, for Bodily Injury or Property Damage, resulting from Permitted Activities.

    (b) Notwithstanding any provision of this Agreement to the contrary, any waiver, release, assumption of responsibility or agreement to hold harmless and indemnify herein shall not apply to claims for Bodily Injury or Property Damage resulting from willful misconduct of any of the Parties, the Contractors and Subcontractors of any of the Parties, any Part 440 Customer, the Contractors and Subcontractors of any Part 440 Customer, and in the case of Permittee, Customer, any Part 440 Customer, and the Contractors and Subcontractors of each of them, the directors, officers, agents and employees of any of the foregoing, and in the case of the United States, its agents.

    (c) This Agreement shall be governed by and construed in accordance with United States Federal law.

    In witness whereof, the Parties to this Agreement have caused the Agreement to be duly executed by their respective duly authorized representatives as of the date written above.

    Permittee By: Its: Customer By: Its: Federal Aviation Administration of the Department of Transportation on Behalf of the United States Government By: Its: Associate Administrator for Commercial Space Transportation Part 3—Waiver of Claims and Assumption of Responsibility for Permitted Activities With More Than One Customer

    This agreement is entered into this __ day of ____, by and among [Permittee] (the “Permittee”); [List of Customers]; (with [List of Customers] hereinafter referred to in their individual capacity as “Customer”); and the Federal Aviation Administration of the Department of Transportation, on behalf of the United States Government (collectively, the “Parties”), to implement the provisions of § 440.17(c) of the Commercial Space Transportation Licensing Regulations, 14 CFR Ch. III (the “Regulations”). This agreement applies to [describe permitted activity].

    In consideration of the mutual releases and promises contained herein, the Parties hereby agree as follows:

    1. Definitions

    Contractors and Subcontractors means entities defined by § 440.3 of the Regulations.

    Customer means each above-named Customer.

    Part 440 Customer means a customer defined by § 440.3 of the Regulations, other than the above-named Customer.

    Permit means Permit No. __ issued on ____, by the Associate Administrator for Commercial Space Transportation, Federal Aviation Administration, Department of Transportation, to the Permittee, including all permit orders issued in connection with the Permit.

    Permittee means the holder of the Permit issued under 51 U.S.C. Subtitle V, ch. 509.

    United States means the United States and its agencies involved in Permitted Activities. Except as otherwise defined herein, terms used in this Agreement and defined in 51 U.S.C. Subtitle V, ch. 509—Commercial Space Launch Activities, or in the Regulations, shall have the same meaning as contained in 51 U.S.C. Subtitle V, ch. 509, or the Regulations, respectively.

    2. Waiver and Release of Claims

    (a) Permittee hereby waives and releases claims it may have against each Customer, the United States, any Part 440 Customer, and each of their respective Contractors and Subcontractors, for Property Damage it sustains and for Bodily Injury or Property Damage sustained by its own employees, resulting from Permitted Activities, regardless of fault.

    (b) Each Customer hereby waives and releases claims it may have against Permittee, the United States, any other customer, and each of their Contractors and Subcontractors, for Property Damage it sustains and for Bodily Injury or Property Damage sustained by its own employees, resulting from Permitted Activities, regardless of fault.

    (c) The United States hereby waives and releases claims it may have against Permittee, each Customer, any Part 440 Customer, and each of their respective Contractors and Subcontractors, for Property Damage it sustains, and for Bodily Injury or Property Damage sustained by its own employees, resulting from Permitted Activities, regardless of fault, to the extent that claims it would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e), respectively, of the Regulations.

    3. Assumption of Responsibility

    (a) Permittee and each Customer shall each be responsible for Property Damage it sustains and for Bodily Injury or Property Damage sustained by its own employees, resulting from Permitted Activities, regardless of fault. Permittee and each Customer shall each hold harmless and indemnify each other, the United States, any other customer, and the Contractors and Subcontractors of each, for Bodily Injury or Property Damage sustained by its own employees, resulting from Permitted Activities, regardless of fault.

    (b) The United States shall be responsible for Property Damage it sustains, resulting from Permitted Activities, regardless of fault, to the extent that claims it would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(e) of the Regulations.

    4. Extension of Assumption of Responsibility and Waiver and Release of Claims

    (a) Permittee shall extend the requirements of the waiver and release of claims, and the assumption of responsibility, hold harmless, and indemnification, as set forth in paragraphs 2(a) and 3(a), respectively, to its Contractors and Subcontractors by requiring them to waive and release all claims they may have against each Customer, the United States, any Part 440 Customer, and each of their respective Contractors and Subcontractors, and to agree to be responsible, for Property Damage they sustain and to be responsible, hold harmless and indemnify each Customer, the United States, any Part 440 Customer, and each of their respective Contractors and Subcontractors, for Bodily Injury or Property Damage sustained by their own employees, resulting from Permitted Activities, regardless of fault.

    (b) Each Customer shall extend the requirements of the waiver and release of claims, and the assumption of responsibility, hold harmless, and indemnification, as set forth in paragraphs 2(b) and 3(a), respectively, to its customers, Contractors, and Subcontractors, by requiring them to waive and release all claims they may have against Permittee, the United States, any other customer, and each of their respective Contractors and Subcontractors, and to agree to be responsible, for Property Damage they sustain and to be responsible, hold harmless and indemnify Permittee, the United States, any other customer, and each of their respective Contractors and Subcontractors, for Bodily Injury or Property Damage sustained by their own employees, resulting from Permitted Activities, regardless of fault.

    (c) The United States shall extend the requirements of the waiver and release of claims, and the assumption of responsibility as set forth in paragraphs 2(c) and 3(b), respectively, to its Contractors and Subcontractors by requiring them to waive and release all claims they may have against Permittee, each Customer, any Part 440 Customer, and each of their respective Contractors and Subcontractors, and to agree to be responsible, for any Property Damage they sustain and for any Bodily Injury or Property Damage sustained by their own employees, resulting from Permitted Activities, regardless of fault, to the extent that claims they would otherwise have for such damage or injury exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) and (e), respectively, of the Regulations.

    5. Indemnification

    (a) Permittee shall hold harmless and indemnify each Customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them; the United States and its agencies, servants, agents, subsidiaries, employees and assignees, or any of them; and any Part 440 Customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims that Permittee's Contractors and Subcontractors may have for Property Damage sustained by them and for Bodily Injury or Property Damage sustained by their employees, resulting from Permitted Activities and arising out of the indemnifying party's failure to implement properly the waiver requirement.

    (b) Each Customer shall hold harmless and indemnify Permittee and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them; the United States and its agencies, servants, agents, subsidiaries, employees and assignees, or any of them; and any other customer and its directors, officers, servants, agents, subsidiaries, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims that each Customer's Contractors, Subcontractors, and customers, may have for Property Damage sustained by them and for Bodily Injury or Property Damage sustained by their employees, resulting from Permitted Activities and arising out of the indemnifying party's failure to implement properly the waiver requirement.

    6. Assurances Under 51 U.S.C. 50914(e)

    Notwithstanding any provision of this Agreement to the contrary, Permittee shall hold harmless and indemnify the United States and its agencies, servants, agents, employees and assignees, or any of them, from and against liability, loss or damage arising out of claims for Bodily Injury or Property Damage, resulting from Permitted Activities, regardless of fault, except to the extent that: (i) As provided in paragraph 7(b) of this Agreement, claims result from willful misconduct of the United States or its agents; (ii) claims for Property Damage sustained by the United States or its Contractors and Subcontractors exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(e) of the Regulations; (iii) claims by a Third Party for Bodily Injury or Property Damage exceed the amount of insurance or demonstration of financial responsibility required under § 440.9(c) of the Regulations, and do not exceed $1,500,000,000 (as adjusted for inflation after January 1, 1989) above such amount, and are payable pursuant to the provisions of 51 U.S.C. 50915 and § 440.19 of the Regulations; or (iv) Licensee has no liability for claims exceeding $1,500,000,000 (as adjusted for inflation after January 1, 1989) above the amount of insurance or demonstration of financial responsibility required under § 440.9(c) of the Regulations.

    7. Miscellaneous

    (a) Nothing contained herein shall be construed as a waiver or release by Permittee, any Customer or the United States of any claim by an employee of the Permittee, any Customer or the United States, respectively, including a member of the Armed Forces of the United States, for Bodily Injury or Property Damage, resulting from Permitted Activities.

    (b) Notwithstanding any provision of this Agreement to the contrary, any waiver, release, assumption of responsibility or agreement to hold harmless and indemnify herein shall not apply to claims for Bodily Injury or Property Damage resulting from willful misconduct of any of the Parties, the Contractors and Subcontractors of any of the Parties, any Part 440 Customer, the Contractors and Subcontractors of any Part 440 Customer, and in the case of Permittee, each Customer, any Part 440 Customer, and the Contractors and Subcontractors of each of them, the directors, officers, agents and employees of any of the foregoing, and in the case of the United States, its agents.

    (c) References herein to Customer shall apply to, and be deemed to include, each such customer severally and not jointly.

    (d) This Agreement shall be governed by and construed in accordance with United States Federal law.

    In witness whereof, the Parties to this Agreement have caused the Agreement to be duly executed by their respective duly authorized representatives as of the date written above.

    Permittee By: Its: Customer 1 By: Its:

    [Signature lines for each additional customer]

    Federal Aviation Administration of the Department of Transportation on Behalf of the United States Government By: Its:
    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), and 44703 in Washington, DC, on July 25, 2016. Michael P. Huerta, Administrator.
    [FR Doc. 2016-18765 Filed 8-17-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Parts 1, 301, and 602 [TD 9782] RIN 1545-BK06 Tax on Certain Foreign Procurement AGENCY:

    Internal Revenue Service (IRS), Treasury.

    ACTION:

    Final regulations.

    SUMMARY:

    This document contains final regulations under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. government to foreign persons pursuant to certain contracts. The regulations affect U.S. government acquiring agencies and foreign persons providing certain goods or services to the U.S. government pursuant to a contract. This document also contains final regulations under section 6114, with respect to foreign persons claiming an exemption from the 2 percent tax under an income tax treaty.

    DATES:

    Effective Date: These regulations are effective on August 18, 2016.

    Applicability Date: For dates of applicability, see § 1.5000C-7 and § 301.6114-1(e)(2).

    FOR FURTHER INFORMATION CONTACT:

    Kate Hwa at (202) 317-6934, and for questions related to tax treaties and the regulations under section 6114, Rosy Lor at (202) 317-6933, (not toll-free numbers).

    SUPPLEMENTARY INFORMATION: Background

    On January 2, 2011, section 301 of the James Zadroga 9/11 Health and Compensation Act of 2010, Public Law 111-347 (the Act), 124 Stat. 3623, added section 5000C to the Internal Revenue Code (Code). Section 5000C(a) imposes on any foreign person that receives a specified Federal procurement payment a tax equal to 2 percent of the amount such payment. Section 5000C(b) defines the term specified Federal procurement payment as any payment made pursuant to a contract with the Government of the United States (U.S. government) for goods or services if the goods are manufactured or produced or the services are provided in any country that is not a party to an international procurement agreement with the United States. Section 301(a)(3) of the Act provides that section 5000C applies to payments received pursuant to contracts entered into on and after January 2, 2011. Additionally, section 301(b)(1)(c) of the Act states that this section must be applied in a manner consistent with U.S. obligations under international agreements. Section 5000C(d)(1) provides that the amount deducted and withheld under chapter 3 shall be increased by the amount of tax imposed under section 5000C.

    On April 22, 2015, the Department of Treasury (Treasury Department) and the Internal Revenue Service (IRS) published in the Federal Register (80 FR 22449) a notice of proposed rulemaking (REG-103281-11) (NPRM) under sections 5000C and 6114 (the proposed regulations). The regulations set forth a number of exemptions from the tax and provided procedures for collecting the tax. Notice 2015-35, 2015-18 I.R.B. 943, issued contemporaneously with the proposed regulations, provided a list of income tax treaties in effect that prevented the imposition of the tax. No public hearing was requested or held. Written comments on the proposed regulations were received and are available at www.regulations.gov or upon request. After consideration of the comments, the proposed regulations are adopted as amended by this Treasury decision. The revisions are discussed below.

    Explanation and Summary of Comments 1. Payments by Contracting Parties to Subcontractors

    A commenter asked for clarification that the proposed regulations apply only to payments made by the U.S. government to direct (prime) contractors with the U.S. government, and not to payments made by prime contractors pursuant to subcontracts. Consistent with the proposed regulations, the final regulations provide section 5000C imposes the tax on any foreign contracting party, which means a foreign person that is a party to a contract with the U.S. government that was entered into on or after January 2, 2011. Therefore, the final regulations do not generally impose the tax on a subcontractor that is not party to a contract with the U.S. government. For example, if an acquiring agency contracts with a domestic corporation (prime contractor) for goods or services, and the prime contractor separately contracts with a foreign subcontractor for goods and services to be provided under the contract, section 5000C will not ordinarily apply to payments by the prime contractor to its foreign subcontractor that relate to those goods or services.

    However, the activities of a subcontractor are taken into account when determining the country in which goods are manufactured or produced or in which services are provided under § 1.5000C-1(e). Furthermore, the final regulations retain the rules in the proposed regulations that payments received by a nominee or agent on behalf of a contracting party are considered to be received by that contracting party. For the definition of a contracting party, see § 1.5000C-1(c)(4). The final regulations also retain the anti-abuse rule in § 1.5000C-5 that in certain circumstances may treat a subcontractor that is a foreign person as being liable for tax under section 5000C.

    2. Exemption for Certain Foreign Humanitarian Assistance Contracts

    The United States Agency for International Development (USAID) regularly enters into contracts with foreign persons for goods and services for purposes of implementing USAID's development projects and programs in a host country. The proposed regulations do not provide relief from the tax under section 5000C for payments made pursuant to some of these contracts. The Treasury Department and the IRS have concluded that it is appropriate to exempt from the tax payments made to foreign contracting parties that USAID engages to execute its development projects and programs in a host country. In this context, the U.S. government is not procuring goods and services for its own benefit, but rather to provide humanitarian assistance for the benefit of the host countries. As a result, the final regulations add an exemption under which section 5000C does not apply to a contract for the purpose of obtaining goods or services described in or authorized under certain specified statutes that are for the purpose of providing foreign humanitarian assistance when the acquiring agency determines that the payment is for the purpose of providing foreign humanitarian assistance. This exemption generally applies to a contract entered into by an acquiring agency with a foreign contracting party to obtain goods or services for purposes of implementing an agreement between the United States and a foreign country or a group of countries to provide foreign humanitarian assistance as authorized under the Food for Peace Act (7 U.S.C. 1691, et seq.) and the Foreign Assistance Act of 1961 (22 U.S.C. 2151, et seq.).

    Similarly, this exemption also generally applies to contacts providing foreign humanitarian assistance under the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601 et seq.), the Freedom Support Act of 1992 (22 U.S.C. 5801 et seq.), and the SEED Act of 1989 (22 U.S.C. 5401 et seq.), and to transportation of humanitarian relief supplies to foreign countries described in 10 U.S.C. 402, foreign disaster assistance described in 10 U.S.C. 404, humanitarian demining assistance described in 10 U.S.C. 407, excess non-lethal supplies for humanitarian relief purposes described in 10 U.S.C. 2557, and transportation of humanitarian relief and for other humanitarian purposes described in 10 U.S.C. 2561. See § 1.5000C-1(d)(4). A corresponding change is made to the withholding rules to take into account this exemption. See § 1.5000C-2(b)(6).

    3. Procurement Not Pursuant to the Federal Acquisition Regulations

    A commenter noted that it was unclear whether payments by acquiring agencies under contracts that are not entered into pursuant to the Federal Acquisition Regulations (FAR) are subject to tax under section 5000C. The FAR is the body of rules that generally governs acquisitions and contracting procedures for federal agencies. See 48 CFR Chapter 1. Although the final regulations utilize certain concepts and definitions contained in the FAR, neither the Act nor the final regulations are limited to contracts executed pursuant to the FAR. Thus, while the term “contract” in the proposed and final regulations uses the FAR definition of the term “contract”, it can nevertheless include a contract that is not executed under the FAR. A sentence was added to the definition of contract in the final regulations to clarify this point.

    4. Definition of International Procurement Agreement and Least Developed Countries

    The General Explanation of Tax Legislation prepared by the Staff of the Joint Committee on Taxation accompanying section 5000C explains that parties engaged in cross-border transactions are required to comply with relevant trade agreements of the jurisdictions in which they operate. See Staff of the Joint Committee on Taxation, General Explanation of Tax Legislation Enacted in the 111th Congress (JCS-2-11), at 694, March 16, 2011 (Joint Committee Explanation). In describing these obligations, the Joint Committee Explanation listed the Government Procurement Agreement (GPA) that is an annex to the World Trade Organization agreement, as well as the government procurement obligations of U.S. free trade agreements. Id. Accordingly, the proposed regulations defined the term international procurement agreement as the World Trade Organization GPA (WTO GPA) within the meaning of 48 CFR 25.400(a)(1) and any free trade agreement to which the United States is a party that includes government procurement obligations that provide appropriate competitive government procurement opportunities to U.S. goods, services, and suppliers.

    One commenter noted that the FAR provides that eligible products from WTO GPA and free trade agreement countries are entitled to certain nondiscriminatory treatment, and that 48 CFR 25.404 expands this nondiscriminatory treatment to include least developed countries described in 48 CFR 25.400(a)(3). The commenter requested that the final regulations also expand the definition of international procurement agreement to include goods manufactured or produced or services provided in a least developed country.

    The final regulations do not adopt this comment for two reasons. First, the proposed regulations referred to 48 CFR 25.400(a)(1) in order to utilize a term that was widely understood in the context of government procurement but was not intended to incorporate any related provisions of the FAR. Second, the Joint Committee Explanation indicates that Congress intended the exemption under section 5000C(b) related to international procurement agreements to be limited to signatories of free trade agreements with government procurement obligations or procurement agreements.

    5. Definition of International Agreements

    Section 301(c) of the Act requires that section 5000C be applied in a manner consistent with the United States' obligations under international agreements. A commenter indicated that the proposed regulations limit international agreements that may affect the application of section 5000C to income tax treaties and requested that final regulations include other international agreements that may impact taxation. In particular, the commenter indicated that the Vienna Convention on Consular Relations and bilateral framework agreements negotiated and administered by USAID contain tax provisions.

    The final regulations do not adopt this request. The specific international agreements to which the commenter referred prohibit host country taxation of expenditures of a U.S. consulate or amounts provided through USAID programs but do not limit the United States' taxing rights. Consequently, these international agreements do not provide relief from the tax imposed under section 5000C. Furthermore, in identifying the income tax treaties that provide relief from the tax under section 5000C, the regulations do not preclude a foreign contracting party from claiming relief from the tax under any other applicable international agreement.

    6. Simplified Acquisition Threshold

    The proposed regulations provide that that the tax imposed under section 5000C will not apply to payments for purchases under the simplified acquisition procedures described in the FAR that do not exceed the simplified acquisition threshold in 48 CFR 2.101. One commenter recommended that the determination of the $150,000 simplified acquisition threshold should be computed on an annual basis rather than on a contract-by-contract basis. The final regulations do not adopt this suggestion because the Treasury Department and the IRS have determined that it is generally more administrable to make a determination of the threshold amount when entering into a particular contract. However, as described in 7. Personal Service Contacts of this preamble, this suggestion has been adopted in the limited context of personal service contracts.

    7. Personal Service Contracts

    A commenter requested a new exemption from the tax for service contracts entered into with individuals (personal service contracts). The commenter further stated that some acquiring agencies do not use the FAR to procure personal services from individuals. As such, the commenter stated that these personal service contracts do not fall within the simplified acquisition procedures of the FAR but typically are for an amount less than $150,000 per contract. The commenter also suggested that the threshold amount of personal service contracts with individuals would be more appropriately determined on an annual (rather than a per contract) basis.

    Section 5000C applies to contracts for the provision of services, so the final regulations do not provide an exemption for all personal service contracts. However, the Treasury Department and the IRS have decided that it is appropriate to extend the simplified acquisition exemption to personal service contracts, whether or not they are not executed pursuant to the FAR. Further, the Treasury Department and the IRS agree with the comment that when applying this exemption, the amount paid for personal services under the contracts should be determined on an annual basis. Accordingly, the final regulations provide an exemption in § 1.5000C-1(d)(3) for payments for services provided by, and under contracts with, a single individual in which the payments do not exceed on an annual basis the simplified acquisition threshold as described in 48 CFR 2.101 for all years of the contract. A corresponding change is made to the withholding rules to take into account this exemption. See § 1.5000C-2(b)(5).

    8. Definition of Emergency Acquisition

    Proposed § 1.5000C-1(d)(2) exempts payments pursuant to contracts awarded for certain emergency acquisitions. One commenter suggested that this exemption be broadened to include contracts that involve other agency acquisitions of importance to the government, such as contracts for acquisitions determined to be in the national interest by the acquiring agency. The final regulations do not adopt this comment for two reasons. First, the Treasury Department and the IRS have concluded that the more limited exemption in the proposed regulations appropriately balances compliance with section 5000C with the government's need to procure goods and services in certain emergency situations. Second, the commenter's suggestion would introduce a subjective, potentially overbroad exemption from the tax imposed by section 5000C.

    9. Credit Card Payments

    One commenter requested a new exemption from the section 5000C tax for payments made with a credit card. The commenter indicated that applying the section 5000C tax to payments made with a credit card would be difficult to administer because of the volume of these transactions.

    The final regulations do not adopt this suggestion for several reasons. First, in most cases, payments made with a credit card will be in an amount that will fall within the exemption for payments for simplified acquisitions, which applies to purchases under the simplified acquisition procedures described in the FAR that do not exceed the simplified acquisition threshold as described in 48 CFR 2.101. See § 1.5000C-1(d)(1). Second, in cases in which payments made with a credit card do not meet the exemption for simplified acquisitions, adopting this comment would allow foreign contracting parties to avoid the tax by receiving payment with a credit card for large amounts that should be subject to the tax.

    10. Payments Only in Part for Goods or Services

    A commenter indicated that, in some circumstances, a contract may be for goods or services but also include payments that are not for goods or services, giving as an example payments to reimburse taxes incurred by the contracting party. In response to the comment, the withholding steps in the final regulations clarify that acquiring agencies should not withhold to the extent that a payment is for something other than goods or services. See § 1.5000C-2(b)(1). However, this clarification should not be read to mean that payments to reimburse taxes incurred by the contracting party in providing goods or services are anything other than payments for those goods or services.

    11. Form W-14, “Certificate of Foreign Contracting Party Receiving Federal Procurement Payments”

    The proposed regulations provided that a foreign contracting party must submit a “Section 5000C Certificate” that provides all of the information required by the proposed regulations to claim an exemption from section 5000C. The proposed regulations also contained a model Section 5000C Certificate. Simultaneous with the publication of the final regulations, the IRS is publishing Form W-14, “Certificate of Foreign Contracting Party Receiving Federal Procurement Payments,” which may be used as the Section 5000C Certificate. Accordingly, the final regulations do not contain a model Section 5000C Certificate but rather provide that a foreign person may use Form W-14 as its Section 5000C Certificate provided that it includes all the necessary information. See §§ 1.5000C-1(c)(14) and 1.5000C-2(d)(7).

    Notice 2015-35 listed the countries that had entered into qualified income tax treaties with the United States as of the date of its publication. The instructions to Form W-14, issued contemporaneously with the publication of these final regulations, identify income tax treaties in force, as of the date of the issuance of the form, that are qualified income tax treaties. When new income tax treaties come into force, foreign persons and acquiring agencies should review IRS Forms, Instructions, Publications or other media (including www.irs.gov) for an updated list of qualified income tax treaties, rather than Notice 2015-35.

    12. Change in Circumstances

    Section 1.5000C-2(d)(6) provides that a foreign contracting party must submit a revised Section 5000C Certificate within 30 days of a change in circumstances that causes the information in a Section 5000C Certificate held by the acquiring agency to be incorrect with respect to the acquiring agency's determination of whether to withhold or the amount of withholding under Section 5000C. One commenter suggested that an example would be helpful to illustrate this rule. In response to this comment, an example was added to illustrate the withholding obligation of an acquiring agency when it receives a revised Section 5000C Certificate due to a change in circumstances. See § 1.5000C-6, Example 6.

    13. Effective Date of Section 5000C and the Final Regulations

    Comments recommended that the final regulations delay the applicability of the tax imposed by section 5000C to contracts entered into on or after the date of the publication of the final regulations. Alternatively, one commenter recommended that the final regulations delay the applicability of the tax until the issuance of final amendments to the FAR as promulgated by the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA), if any, that may take into account these final regulations. This commenter reasoned that a delay in the application of the final regulations would allow the necessary time needed to amend the FAR in order to take into account the rules provided in the final regulations. While the DoD, GSA, and NASA have amended some sections of the FAR to reflect the enactment of section 5000C (see 48 CFR 31.205-41(b), 52.229-3(b)(2), 52.229-4(b)(2), 52.229-6(c)(2), and 52.229-7(b)(2)), commenters stated that other sections of the FAR (such as CFR 52.229-3) will also need to be amended.

    Section 301(a)(3) of the Act specifically provides that the tax imposed by section 5000C applies to payments received pursuant to contracts entered into on and after January 2, 2011, indicating a clear Congressional intent as to the effective date. Further, the Act does not require Treasury regulations or FAR amendments to be applicable before the requirements of the statute take effect. Thus, the final regulations do not adopt this comment and confirm the statutory effective date.

    Consistent with the proposed regulations, the final regulations apply on and after the date that is 90 days after the date they are published as final regulations in the Federal Register (applicability date). However, contracting parties and acquiring agencies may rely upon the rules in the final regulations before the applicability date.

    Under the Act, while acquiring agencies have an obligation to withhold, the foreign contracting parties remain liable for the tax if withholding does not fully satisfy the foreign person's tax liability. The Treasury Department and the IRS are aware that some foreign persons subject to statutory obligations under section 5000C may have deferred compliance actions pending the applicability of the final regulations. The Treasury Department and the IRS have concluded that 90 days is sufficient for these foreign persons to satisfy their tax and filing obligations with respect to section 5000C for prior periods. Accordingly, § 1.5000C-7 provides that if a foreign contracting party fully satisfies its tax and filing obligations under section 5000C with respect to any payments received in tax years ending before the applicability date of the regulations on or before the later of the applicability date of the final regulations or the due date for the foreign person's income tax return for the year in which the payment was received in a manner consistent with the final regulations, penalties will not be asserted on the foreign contracting parties with respect to those payments or returns. For example, assume a foreign corporation received a single specified Federal procurement payment during its tax year ending on December 31, 2013 that is not described in any of the exemptions in these final regulations, and the payment was not withheld upon. If the corporation files Form 1120-F, “U.S. Income Tax Return of a Foreign Corporation,” for 2013 and pays the tax imposed under section 5000C in the manner described in § 1.5000C-4(d) before the applicability date of the final regulations, penalties will not be asserted with respect to that payment or return. However, the final regulations do not relieve a foreign person of any applicable rules relating to interest under Subtitle F.

    Additionally, for purposes of section 6114 and the regulations thereunder, if a foreign contracting party has received a payment exempt from tax under a qualified income tax treaty before the effective date of the final regulations under section 5000C, reporting is waived if the foreign contracting party has properly relied on Notice 2015-35. See § 301.6114-1(e)(2).

    Special Analyses

    Certain IRS regulations, including these, are exempt from the requirements of Executive Order 12866, as supplemented and reaffirmed by Executive Order 13563. It has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to this regulation. It is hereby certified that the collection of information contained in this regulation will not have a significant economic impact on a substantial number of small entities. Accordingly, a regulatory flexibility analysis is not required. The collection of information requirement in the regulations will not have a significant economic impact on a substantial number of small entities because a limited number of foreign contracting parties that are small entities will be subject to the tax, in part because the final regulations provide exemptions for simplified acquisitions and for certain personal service contracts. Because section 5000C(a) applies to foreign persons regardless of the size of the entity, a limited number of small foreign entities that received specified Federal procurement payments are affected by the regulation. Pursuant to section 7805(f) of the Internal Revenue Code, the NPRM preceding these regulations was submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business.

    Drafting Information

    The principal authors of these regulations are Kate Hwa and Rosy Lor, Office of Associate Chief Counsel (International). However, other personnel from the Treasury Department and the IRS participated in their development.

    List of Subjects 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

    26 CFR Part 301

    Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income taxes, Penalties, Reporting and recordkeeping requirements.

    26 CFR Part 602

    Reporting and recordkeeping requirements.

    Adoption of Amendments to the Regulations

    Accordingly, 26 CFR parts 1, 301, and 602 are amended as follows:

    PART I—INCOME TAXES Paragraph 1. The authority citation for part 1 is amended by adding entries in numerical order to read in part as follows: Authority:

    26 U.S.C. 7805 * * *

    Section 1.5000C-1 is also issued under 26 U.S.C. 5000C

    Section 1.5000C-2 is also issued under 26 U.S.C. 5000C

    Section 1.5000C-3 is also issued under 26 U.S.C. 5000C

    Section 1.5000C-4 is also issued under 26 U.S.C. 5000C

    Section 1.5000C-5 is also issued under 26 U.S.C. 5000C

    Section 1.5000C-6 is also issued under 26 U.S.C. 5000C

    Par. 2. An undesignated center heading is added following § 1.5000A-5 to read as follows: Tax on Certain Foreign Procurement Par. 3. Section 1.5000C-0 is added after the undesignated center heading to read as follows:
    § 1.5000C-0 Outline of regulation provisions for section 5000C.

    This section lists the captions contained in §§ 1.5000C-1 through 1.5000C-7.

    § 1.5000C-1 Tax on specified Federal procurement payments.

    (a) Overview.

    (b) Imposition of tax.

    (c) Definitions.

    (d) Exemptions.

    (1) Simplified acquisitions.

    (2) Emergency acquisitions.

    (3) Certain personal service contracts.

    (4) Certain foreign humanitarian assistance contracts.

    (5) Certain international agreements.

    (6) Goods manufactured or produced or services provided in the United States.

    (7) Goods manufactured or produced or services provided in a country that is a party to an international procurement agreement.

    (e) Country in which goods are manufactured or produced or services provided.

    (1) Goods manufactured or produced.

    (2) Provision of services.

    (3) Allocation of total contract price to determine the nonexempt amount.

    (4) Reduction or elimination of withholding by an acquiring agency.

    § 1.5000C-2 Withholding on specified Federal procurement payments.

    (a) In general.

    (b) Steps in determining the obligation to withhold under section 5000C.

    (1) Determine whether the payment is pursuant to a contract for goods or services.

    (2) Determine whether the payment is made pursuant to a contract with a U.S. person.

    (3) Determine whether the payment is for purchases under the simplified acquisition procedures.

    (4) Determine whether the payment is for emergency acquisitions.

    (5) Determine whether the payment is for personal services under the simplified acquisition threshold.

    (6) Determine whether the payment is pursuant to a foreign humanitarian assistance contract.

    (7) Determine whether the foreign contracting party is entitled to relief pursuant to an international agreement.

    (8) Determine whether the contract is for goods manufactured or produced or services provided in the United States or in a foreign country that is a party to an international procurement agreement.

    (9) Compute amounts to withhold.

    (10) Deposit and report amounts withheld.

    (c) Determining whether the contracting party is a U.S. person.

    (1) In general.

    (2) Determination based on Taxpayer Identification Number (TIN).

    (3) Determination based on the Form W-9.

    (4) Contracting party treated as a foreign contracting party.

    (d) Withholding when a foreign contracting party submits a Section 5000C Certificate.

    (1) In general.

    (2) Exemption for a foreign contracting party entitled to the benefit of relief pursuant to certain international agreements.

    (3) Exemption when goods are manufactured or produced or services provided in the United States, or in a foreign country that is a party to an international procurement agreement.

    (4) Information required for Section 5000C Certificate.

    (5) Validity period of Section 5000C Certificate.

    (6) Change in circumstances.

    (7) Form W-14.

    (8) Time for submitting Section 5000C Certificate.

    (e) Offset for underwithholding or overwithholding.

    (1) In general.

    (2) Underwithholding.

    (3) Overwithholding.

    § 1.5000C-3 Payment and returns of tax withheld by the acquiring agency.

    (a) In general.

    (b) Deposit rules.

    (1) Acquiring agency with a chapter 3 deposit requirement treats amounts withheld as under chapter 3.

    (2) Acquiring agency with no chapter 3 filing obligation deposits withheld amounts monthly.

    (c) Return requirements.

    (1) In general.

    (2) Classified or confidential contracts.

    (d) Special arrangement for certain contracts.

    § 1.5000C-4 Requirement for the foreign contracting party to file a return and pay tax, and procedures for the contracting party to seek a refund.

    (a) In general.

    (b) Tax obligation of foreign contracting party independent of withholding.

    (c) Return of tax by the foreign contracting party.

    (d) Time and manner of paying tax.

    (e) Refund requests when amount withheld exceeds tax liability.

    § 1.5000C-5 Anti-abuse rule.
    § 1.5000C-6 Examples.
    § 1.5000C-7 Effective/applicability date.
    Par. 4. Sections 1.5000C-1 through 1.5000C-7 are added to read as follows:
    § 1.5000C-1 Tax on specified Federal procurement payments.

    (a) Overview. This section provides definitions and general rules relating to the imposition of, and exemption from, the tax on specified Federal procurement payments under section 5000C. Section 1.5000C-2 provides rules concerning withholding under section 5000C(d)(1), including the steps that must be taken to determine the obligation to withhold and whether an exemption from withholding applies. Section 1.5000C-3 provides the time and manner for depositing the amounts withheld under section 5000C and the related reporting requirements. Section 1.5000C-4 contains the rules that apply to a foreign contracting party that must pay and report the tax under section 5000C when the tax obligation under section 5000C is not fully satisfied by withholding, as well as procedures by which a contracting party may seek a refund when the amount withheld exceeds its tax liability under section 5000C. Section 1.5000C-5 contains an anti-abuse rule. Section 1.5000C-6 contains examples illustrating the principles of §§ 1.5000C-1 through 1.5000C-4. Finally, § 1.5000C-7 contains the effective/applicability date for §§ 1.5000C-1 through 1.5000C-7.

    (b) Imposition of tax. Except as otherwise provided, section 5000C imposes on any foreign contracting party a tax equal to 2 percent of the amount of a specified Federal procurement payment. In general, the tax imposed under section 5000C applies to specified Federal procurement payments received pursuant to contracts entered into on and after January 2, 2011. Specified Federal procurement payments received by a nominee or agent on behalf of a contracting party are considered to be received by that contracting party. The tax imposed under section 5000C is to be applied in a manner consistent with U.S. obligations under international agreements. Payments for the purchase or lease of land or an interest in land are not subject to the tax imposed under section 5000C.

    (c) Definitions. Solely for purposes of section 5000C and §§ 1.5000C-1 through 1.5000C-7, the following definitions apply:

    (1) The term acquiring agency means the U.S. government department, agency, independent establishment, or corporation described in paragraph (c)(7) of this section that is a party to the contract. To the extent that a U.S. government department or agency, other than the acquiring agency, is making the payments pursuant to the contract, that department or agency is also considered to be the acquiring agency.

    (2) The term contract has the same meaning as provided in 48 CFR 2.101, and thus does not include a grant agreement or a cooperative agreement within the meaning of 31 U.S.C. 6304 and 6305, respectively. A contract may include an agreement that is not executed under the Federal Acquisition Regulations (FAR), 48 CFR Chapter 1.

    (3) The term contract ratio refers to the nonexempt amount over the total contract price.

    (4) The term contracting party means any person that is a party to a contract with the U.S. government that is entered into on or after January 2, 2011. See § 1.5000C-1(b) for situations involving a nominee or agent.

    (5) The term foreign contracting party means a contracting party that is a foreign person.

    (6) The term foreign person means any person other than a United States person (as defined in section 7701(a)(30)).

    (7) The term Government of the United States or U.S. government means the executive departments specified in 5 U.S.C. 101, the military departments specified in 5 U.S.C. 102, the independent establishments specified in 5 U.S.C. 104(1), and wholly owned government corporations specified in 31 U.S.C. 9101(3). Unless otherwise specified in 5 U.S.C. 101, 102, or 104(1), or 31 U.S.C. 9101(3), the term Government of the United States or U.S. government does not include any quasi-governmental entities or instrumentalities of the U.S. government.

    (8) The term international procurement agreement means the World Trade Organization Government Procurement Agreement within the meaning of 48 CFR 25.400(a)(1) and any free trade agreement to which the United States is a party that includes government procurement obligations that provide appropriate competitive government procurement opportunities to U.S. goods, services, and suppliers. A party to an international procurement agreement is a signatory to the agreement and does not include a country that is merely an observer with respect to the agreement.

    (9) The term nonexempt amount means the portion of the contract price allocated to nonexempt goods and nonexempt services.

    (10) The term nonexempt goods means goods manufactured or produced in a foreign country that is not a party to an international procurement agreement with the United States.

    (11) The term nonexempt services means services provided in a foreign country that is not a party to an international procurement agreement with the United States.

    (12) The term outlying areas has the same meaning as set forth in 48 CFR 2.101(b), which includes Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

    (13) The term qualified income tax treaty means a U.S. income tax treaty in force that contains a nondiscrimination provision that applies to the tax imposed under section 5000C and prohibits taxation that is more burdensome on a foreign national than a U.S. national (or in the case of certain income tax treaties, taxation that is more burdensome on a foreign citizen than a U.S. citizen), regardless of its residence.

    (14) The term Section 5000C Certificate means a written statement that includes the information described in § 1.5000C-2(d) that the foreign contracting party submits to an acquiring agency for the purposes of demonstrating that the foreign contracting party is eligible for certain exemptions from withholding (in whole or in part) under section 5000C with respect to a contract. The term may also include any form that the Internal Revenue Service may prescribe as a substitute for the Section 5000C Certificate, such as Form W-14, “Certificate of Foreign Contracting Party Receiving Federal Procurement Payments.”

    (15) The term specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods manufactured or produced or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

    (16) The term Taxpayer Identification Number or TIN means the identifying number assigned to a person under section 6109, as defined in section 7701(a)(41).

    (17) The term total contract price means the total cost to the U.S. Government of the goods and services procured under a contract and paid to the contracting party.

    (d) Exemptions. The tax imposed under paragraph (b) of this section does not apply to the payments made in the following situations. For the exemptions in paragraphs (d)(5), (6) and (7) of this section, see § 1.5000C-2(d) for the procedures to eliminate withholding by an acquiring agency.

    (1) Simplified acquisitions. Payments for purchases under the simplified acquisition procedures that do not exceed the simplified acquisition threshold as described in 48 CFR 2.101.

    (2) Emergency acquisitions. Payments made pursuant to a contract if the contract is—

    (i) Awarded under the “unusual and compelling urgency” authority of 48 CFR 6.302-2, or

    (ii) Entered into under the emergency acquisition flexibilities as defined in 48 CFR part 18.

    (3) Certain personal service contracts. Payments for services provided by, and under contracts with, a single individual in which the payments do not (and will not) exceed on an annual calendar year basis the simplified acquisition threshold as described in 48 CFR 2.101 for all years of the contract. Payments that satisfy this exemption remain exempt if the contract is later renegotiated so that future payments under the contract do not meet this exemption.

    (4) Certain foreign humanitarian assistance contracts. Payments made by the U.S. government pursuant to a contract with a foreign contracting party to obtain goods or services described in or authorized under 7 U.S.C. 1691, et seq., 22 U.S.C. 2151, et seq., 22 U.S.C. 2601 et seq., 22 U.S.C. 5801 et seq., 22 U.S.C. 5401 et seq., 10 U.S.C. 402, 10 U.S.C. 404, 10 U.S.C. 407, 10 U.S.C. 2557, and 10 U.S.C. 2561, if the acquiring agency determines that the payment is for the purpose of providing foreign humanitarian assistance.

    (5) Certain international agreements. Payments made by the U.S. government pursuant to a contract with a foreign contracting party when the payments are entitled to relief from the tax imposed under section 5000C pursuant to an international agreement with the United States, including relief pursuant to a nondiscrimination provision of a qualified income tax treaty, because the foreign contracting party is entitled to the benefit of that provision.

    (6) Goods manufactured or produced or services provided in the United States. A payment made pursuant to a contract to the extent that the payment is for goods manufactured or produced or services provided in the United States.

    (7) Goods manufactured or produced or services provided in a country that is a party to an international procurement agreement. A payment made pursuant to a contract to the extent the payment is for goods manufactured or produced or services provided in a country that is a party to an international procurement agreement, as defined in paragraph (c)(8) of this section.

    (e) Country in which goods are manufactured or produced or services provided

    (1) Goods manufactured or produced. Solely for purposes of section 5000C, goods are manufactured or produced in the country (or countries)—

    (i) Where property has been substantially transformed into the goods that are procured pursuant to a contract; or

    (ii) Where there has been assembly or conversion of component parts (involving activities that are substantial in nature and generally considered to constitute the manufacture or production of property) into the final product that constitutes the goods procured pursuant to a contract.

    (2) Provision of services. Solely for purposes of section 5000C, services are considered to be provided in the country where the individuals performing the services are physically located when they perform their duties pursuant to the contract.

    (3) Allocation of total contract price to determine the nonexempt amount. If, pursuant to a contract, goods are manufactured or produced, or services are provided, in multiple countries and only a portion of the goods manufactured or produced, or the services provided, pursuant to the contract are nonexempt goods or nonexempt services, a foreign contracting party may use a reasonable allocation method to determine the nonexempt amount. A reasonable allocation method would include taking into account the proportionate costs (including the cost of labor and raw materials) incurred to manufacture or produce the goods in each country, or taking into account the proportionate costs incurred to provide the services in each country.

    (4) Reduction or elimination of withholding by an acquiring agency. For procedures to reduce or eliminate withholding by an acquiring agency based on where goods are manufactured or produced or where services are provided, including as a result of an allocation under this paragraph (e), see § 1.5000C-2(d).

    § 1.5000C-2 Withholding on specified Federal procurement payments.

    (a) In general. Except as otherwise provided in this section, every acquiring agency making a specified Federal procurement payment on which tax is imposed under section 5000C and §§ 1.5000C-1 through 1.5000C-7 must deduct and withhold an amount equal to 2 percent of the payment. For rules relating to the liability of a foreign contracting party with respect to specified Federal procurement payments not fully withheld upon at source, see § 1.5000C-4. An acquiring agency may rely upon any information furnished by a contracting party under this section unless the acquiring agency has reason to know that the information is incorrect or unreliable. An acquiring agency has reason to know that the information is incorrect or unreliable if it has knowledge of relevant facts or statements contained in the submitted information such that a reasonably prudent person in the position of the acquiring agency would know that the information provided is incorrect or unreliable.

    (b) Steps in determining the obligation to withhold under section 5000C. An acquiring agency generally determines its obligation to withhold under section 5000C according to the steps described in this paragraph (b). See, however, paragraph (e) of this section for situations in which withholding may be increased in the case of underwithholding, or may be decreased in the case of overwithholding.

    (1) Determine whether the payment is pursuant to a contract for goods or services. The acquiring agency determines whether it is making a payment pursuant to a contract for goods or services. To the extent that the acquiring agency is making a payment for any other purpose, it does not have an obligation to withhold under section 5000C on the payment.

    (2) Determine whether the payment is made pursuant to a contract with a U.S. person. The acquiring agency determines whether the payment is made pursuant to a contract with a person considered to be a United States person (U.S. person) in accordance with paragraph (c) of this section. If the other contracting party is a U.S. person, the acquiring agency does not have an obligation to withhold under section 5000C on the payment.

    (3) Determine whether the payment is for purchases under the simplified acquisition procedures. The acquiring agency determines whether the payment is for purchases under the simplified acquisitions procedures that do not exceed the simplified acquisition threshold as described in 48 CFR 2.101. If it is, the acquiring agency does not have an obligation to withhold under section 5000C on the payment.

    (4) Determine whether the payment is for emergency acquisitions. The acquiring agency determines whether the payment is made for certain emergency acquisitions within the meaning of § 1.5000C-1(d)(2). If it is, the acquiring agency does not have an obligation to withhold under section 5000C on the payment.

    (5) Determine whether the payment is for personal services under the simplified acquisition threshold. The acquiring agency determines whether payments for services under contracts with a single individual do not exceed the simplified acquisition threshold as described in 48 CFR 2.101 on an annual basis for all years of the contract. If that is the case, the acquiring agency does not have an obligation to withhold under section 5000C on the payment.

    (6) Determine whether the payment is pursuant to a foreign humanitarian assistance contract. The acquiring agency determines whether the payment is made pursuant to a foreign humanitarian assistance contract described in § 1.5000C-1(d)(4). If it is, the acquiring agency does not have an obligation to withhold under section 5000C on the payment.

    (7) Determine whether the foreign contracting party is entitled to relief pursuant to an international agreement. If the foreign contracting party submits a Section 5000C Certificate in accordance with paragraph (d) of this section representing that the foreign contracting party is entitled to relief from the tax imposed under section 5000C pursuant to an international agreement with the United States (such as relief pursuant to the nondiscrimination provision of a qualified income tax treaty), the acquiring agency does not have an obligation to withhold under section 5000C on the payment.

    (8) Determine whether the contract is for goods manufactured or produced or services provided in the United States or in a foreign country that is a party to an international procurement agreement. If the foreign contracting party submits a Section 5000C Certificate in accordance with paragraph (d) of this section that represents that the contract is for goods manufactured or produced or services provided in the United States, or in a foreign country that is a party to an international procurement agreement, the acquiring agency does not have an obligation to withhold. If the Section 5000C Certificate provides that payments under the contract are only partially exempt from withholding under section 5000C, the acquiring agency must withhold to the extent described in paragraph (b)(8) of this section.

    (9) Compute amounts to withhold. If, after evaluating each step described in this paragraph (b), the acquiring agency determines that it has an obligation to withhold, the acquiring agency computes the amount of withholding by multiplying the amount of the payment by 2 percent, unless the foreign contracting party has provided a Section 5000C Certificate or the payment is only in part for goods or services. In cases in which the Section 5000C Certificate demonstrates that the exemption in Step 8 applies, the acquiring agency generally computes the amount of withholding by multiplying the amount of the payment by the contract ratio provided on the most recent Section 5000C Certificate, the product of which is multiplied by 2 percent. However, in cases in which the exemption in Step 8 applies and the requirements of paragraph (d)(4)(iii)(B)(2) of this section are met, the acquiring agency computes the amount of withholding based on the payment for the specifically identified items, which may be identified by the contract line item number, or CLIN. In the case in which the payment is only in part for goods or services, the acquiring agency reduces the amount of the payment subject to the tax to the extent it is for something other than goods or services. The acquiring agency withholds the computed amount from the payment.

    (10) Deposit and report amounts withheld. The acquiring agency deposits and reports the amounts determined in the prior step in accordance with § 1.5000C-3.

    (c) Determining whether the contracting party is a U.S. person—(1) In general. An acquiring agency must rely on the provisions of this paragraph (c) to determine the status of the contracting party as a U.S. person for purposes of withholding under section 5000C.

    (2) Determination based on Taxpayer Identification Number (TIN). An acquiring agency must treat a contracting party as a U.S. person if the U.S. government information system (such as the System for Award Management (SAM)) indicates that the contracting party is a corporation (for example, because the name listed in SAM contains the term “Corporation,” “Inc.,” or “Corp.”) and that it has a TIN that begins with two digits other than “98” (a limited liability company or LLC is not treated as a corporation for purposes of this paragraph (c)(2)). Further, an acquiring agency must treat a contracting party as a U.S. person if the acquiring agency has access to a U.S. government information system that indicates that the contracting party is an individual with a TIN that begins with a digit other than “9”.

    (3) Determination based on the Form W-9. An acquiring agency must treat a contracting party as a U.S. person if the person has submitted to it a valid Form W-9, “Request for Taxpayer Identification Number (TIN) and Certificate” (or valid substitute form described in § 31.3406(h)-3(c)(2) of this chapter), signed under penalties of perjury.

    (4) Contracting party treated as a foreign contracting party. If an acquiring agency cannot determine that a contracting party is a U.S. person based on application of paragraph (c)(2) or (3) of this section, then the contracting party is treated as a foreign contracting party for purposes of this section.

    (d) Withholding when a foreign contracting party submits a Section 5000C Certificate—(1) In general. Unless the acquiring agency has reason to know that the information is incorrect or unreliable, the acquiring agency may rely on a claim that a foreign contracting party is entitled to an exemption (in whole or in part) from withholding on payments pursuant to a contract if the foreign contracting party provides a Section 5000C Certificate to the acquiring agency as prescribed in this paragraph (d). When a Section 5000C Certificate is furnished, the acquiring agency does not withhold, or must reduce the amount of withholding, on payments made to a foreign person if the certificate establishes that the foreign person is wholly or partially exempt from withholding. An acquiring agency may establish a system for a foreign contracting party to electronically furnish a Section 5000C Certificate.

    (2) Exemption for a foreign contracting party entitled to the benefit of relief pursuant to certain international agreements. An acquiring agency does not withhold on payments pursuant to a contract with a foreign contracting party when the payment is entitled to relief from the tax imposed under section 5000C pursuant to an international agreement, including relief pursuant to a nondiscrimination provision of a qualified income tax treaty, because the foreign contracting party is entitled to the benefit of that agreement and the foreign contracting party has submitted a Section 5000C Certificate that includes all of the information described in paragraphs (d)(4)(i) and (ii) of this section.

    (3) Exemption when goods are manufactured or produced or services provided in the United States, or in a foreign country that is a party to an international procurement agreement. An acquiring agency does not withhold on payments pursuant to a contract with a foreign contracting party to the extent that the payments are for goods manufactured or produced or services provided in the United States or in a foreign country that is a party to an international procurement agreement with the United States, provided that the foreign contracting party has submitted a Section 5000C Certificate that includes all of the information described in paragraphs (d)(4)(i) and (iii) of this section. If the Section 5000C Certificate provides that the payment is only partially exempt from withholding under section 5000C, the acquiring agency must withhold to the extent that the payment is not exempt.

    (4) Information required for Section 5000C Certificate—(i) In general. The Section 5000C Certificate must be signed under penalties of perjury by the foreign contracting party and contain—

    (A) The name of the foreign contracting party, country of organization (if applicable), and permanent residence address of the foreign contracting party;

    (B) The mailing address of the foreign contracting party (if different than the permanent residence address);

    (C) The TIN assigned to the foreign contracting party (if any);

    (D) The identifying or reference number on the contract (if known);

    (E) The name and address of the acquiring agency;

    (F) A statement that the person signing the Section 5000C Certificate is the foreign contracting party listed in paragraph (d)(4)(i)(A) of this section (or is authorized to sign on behalf of the foreign contracting party);

    (G) A statement that the foreign contracting party is not acting as an agent or nominee for another foreign person with respect to the goods manufactured or produced or services provided under the contract;

    (H) A statement that the foreign contracting party agrees to pay an amount equal to any tax (including any applicable penalties and interest) due under section 5000C that the acquiring agency does not withhold under section 5000C;

    (I) A statement that the foreign contracting party acknowledges and understands the rules in § 1.5000C-4 relating to procedural obligations related to section 5000C; and

    (J) A statement that the foreign contracting party has not engaged in a transaction (or series of transactions) with a principal purpose of avoiding the tax imposed under section 5000C as defined in § 1.5000C-5.

    (ii) Additional information required for claiming an exemption based on certain international agreements with the United States. In addition to the information required by paragraph (d)(4)(i) of this section, a foreign contracting party claiming an exemption from withholding in reliance on a provision of an international agreement with the United States, including a qualified income tax treaty, must provide—

    (A) The name of the international agreement under which the foreign contracting party is claiming benefits;

    (B) The specific provision of the international agreement relied upon (for example, the nondiscrimination article of a qualified income tax treaty); and

    (C) The basis on which it is entitled to the benefits of that provision (for example, because the foreign contracting party is a corporation organized in a foreign country that has in force a qualified income tax treaty with the United States that covers all nationals, regardless of their residence).

    (iii) Additional required information for claiming exemption based on country where goods are manufactured or services provided. (A) In general. In addition to the information required by paragraph (d)(4)(i) of this section, a foreign contracting party claiming an exemption from withholding (in whole or in part) because payments will be pursuant to a contract for goods manufactured or produced or services provided in the United States, or a foreign country that is party to an international procurement agreement, must describe on the Section 5000C Certificate the relevant goods or services and the country (or countries) in which they are manufactured or produced, or are provided, and must include the name of the international procurement agreement or agreements (if relevant).

    (B) Information on allocation to exempt and nonexempt amounts. (1) In general. In situations in which a foreign contracting party claims the exemption in paragraph (d)(3) of this section with respect to only a portion of the payments received under the contract, the Section 5000C Certificate must include an explanation of the method used by the foreign contracting party to allocate the total contract price among the countries, as described in § 1.5000C-1(e)(3), if applicable. In general, the Section 5000C Certificate also must include the total contract price and the nonexempt amount; however, when necessary, an estimate of the total contract price or the nonexempt amount may be used. For example, total contract price may be estimated when a Section 5000C Certificate is being completed with respect to payments to be made pursuant to a cost-reimbursement contract that is paid on the basis of actual incurred costs and the total amount of such costs is not known at the time the certificate is provided.

    (2) Specific identification of exempt items. If agreed to by the acquiring agency, the Section 5000C Certificate may identify specific exempt and nonexempt amounts. For example, specific contract line items (such as a contract line item number or CLIN) identified in the contract may be listed on the Section 5000C Certificate as exempt and nonexempt amounts (in whole or in part), as applicable. When this paragraph applies, and whether or not the contract identifies exempt and nonexempt amounts, a foreign contracting party must provide the information required by paragraphs (d)(4)(iii)(A) and (d)(4)(iii)(B)(1) of this section, on the Section 5000C Certificate to explain why the contract line items are eligible for an exemption; however, the foreign contracting party is not required to include information about the total contract price under this paragraph. In these circumstances, only one Section 5000C Certificate is required to be provided identifying the exempt and nonexempt contract line items that relate to the contract (for example, a spreadsheet may be attached to the Section 5000C Certificate that identifies the contract line items with an explanation for the treatment as exempt or nonexempt).

    (5) Validity period of Section 5000C Certificate. Except as otherwise provided in paragraph (d)(6) of this section, the Section 5000C Certificate is valid for the term of the contract.

    (6) Change in circumstances. A foreign contracting party must submit a revised Section 5000C Certificate within 30 days of a change in circumstances that causes the information in a Section 5000C Certificate held by the acquiring agency to be incorrect with respect to the acquiring agency's determination of whether to withhold or the amount of withholding under Section 5000C. An acquiring agency must request a new Section 5000C Certificate from a contracting party in circumstances in which it knows (or has reason to know) that a previously submitted Section 5000C Certificate becomes incorrect or unreliable. An acquiring agency may request an updated Section 5000C Certificate at any time, including when other documentation is required under the contract, such as the annual representations and certifications required in 48 CFR 4.1201. See § 1.5000C-6, Example 6, for an illustration of this paragraph (6).

    (7) Form W-14. A foreign contracting party may choose to use Form W-14, “Certificate of Foreign Contracting Party Receiving Federal Procurement Payments” (or other form that the IRS may prescribe), as its Section 5000C Certificate, provided that it includes all the necessary information required by this paragraph (d).

    (8) Time for submitting Section 5000C Certificate. A contracting party must submit the Section 5000C Certificate (such as Form W-14 or Form W-9) as early as practicable (for example, when the offer for the contract is submitted to the U.S. government). In all cases, however, the Section 5000C Certificate must be submitted to the acquiring agency no later than the date of execution of the contract.

    (e) Offset for underwithholding or overwithholding—(1) In general. If the foreign contracting party discovers that amounts withheld on prior payments either were insufficient or in excess of the amount required to satisfy its tax liability under section 5000C, the foreign contracting party may request the acquiring agency to increase or decrease the amount of withholding on future payments for which withholding is required under section 5000C. The request must be in writing, signed under penalties of perjury, contain the amount by which the foreign contracting party requests to increase or decrease future amounts withheld under section 5000C, and explain the reason for the request. The request may be submitted in conjunction with an original or updated Section 5000C Certificate.

    (2) Underwithholding. Upon receipt of a request described in paragraph (e)(1) of this section, acquiring agencies may increase the amount of withholding under this paragraph to correct underwithholding only if the payment for which the increase is applied is otherwise subject to withholding under section 5000C and made before the date that Form 1042, “Annual Withholding Tax Return for U.S. Source Income of Foreign Persons,” is required to be filed (not including extensions) with respect to the payment for which the underwithholding occurred. Amounts withheld under this paragraph must be deposited and reported in the time and manner as prescribed by § 1.5000C-3. See § 1.5000C-4 for procedures for a foreign contracting party that must pay tax due when its tax liability under section 5000C was not fully satisfied by withholding by an acquiring agency.

    (3) Overwithholding. Upon receipt of a request described in paragraph (e)(1) of this section, acquiring agencies may decrease the amount of withholding on subsequent payments made to the foreign contracting party that are otherwise subject to withholding under section 5000C provided that the payment for which the decrease is applied is made on or before the date on which Form 1042, “Annual Withholding Tax Return for U.S. Source Income of Foreign Persons,” is required to be filed (not including extensions) with respect to the payment for which the overwithholding occurred. See § 1.5000C-4(e) for procedures for foreign contracting parties to file a claim for refund for the overwithheld amount under section 5000C.

    § 1.5000C-3 Payment and returns of tax withheld by the acquiring agency.

    (a) In general. This section provides administrative procedures that acquiring agencies must follow to satisfy their obligations to deposit and report amounts withheld under § 1.5000C-2. An acquiring agency with a section 5000C withholding obligation must increase the amount it deducts and withholds under chapter 3 for fixed or determinable annual or periodical income (FDAP income) by the amount it must withhold under § 1.5000C-2. Accordingly, this section generally applies the administrative provisions of chapter 3 for FDAP income relating to the deposit, payment, and reporting for amounts withheld under § 1.5000C-2, and contains some variation from those provisions to take into account the nature of the tax imposed under section 5000C.

    (b) Deposit rules—(1) Acquiring agency with a chapter 3 deposit requirement treats amounts withheld as under chapter 3. If an acquiring agency has a chapter 3 deposit obligation for a period, it must treat any amount withheld under § 1.5000C-2 as an additional amount of tax withheld under chapter 3 for purposes of the deposit rules of § 1.6302-2. Thus, depending on the combined amount withheld under chapter 3 and § 1.5000C-2, an acquiring agency subject to this paragraph (b)(1) must make monthly deposits, quarter-monthly deposits, or annual deposits under the rules in § 1.6302-2. To the extent provided in forms, instructions, or publications prescribed by the Internal Revenue Service (IRS), acquiring agencies must deposit all withheld amounts by electronic funds transfer, as that term is defined in § 31.6302-1(h)(4)(i) of this chapter.

    (2) Acquiring agency with no chapter 3 filing obligation deposits withheld amounts monthly. If an acquiring agency has no chapter 3 deposit obligation to which the deposit rules of § 1.6302-2 apply for a calendar month, it must make monthly deposits of the amounts withheld under the rules in this paragraph (b)(2). Thus, an acquiring agency with no chapter 3 deposit obligations and that has withheld any amount under § 1.5000C-2 during any calendar month must deposit that amount by the 15th day of the month following the payment. To the extent provided in forms, instructions, or publications prescribed by the Internal Revenue Service (IRS), acquiring agencies must deposit all withheld amounts by electronic funds transfer, as that term is defined in § 31.6302-1(h)(4)(i) of this chapter.

    (c) Return requirements—(1) In general. Except as provided in paragraph (c)(2) of this section, an acquiring agency that withholds an amount pursuant to section 5000C generally must file Form 1042-S, “Foreign Person's U.S. Source Income Subject to Withholding,” and Form 1042, “Annual Withholding Tax Return for U.S. Source Income of Foreign Persons,” each year, or other such forms as the IRS may prescribe, to report information related to amounts withheld under section 5000C. The acquiring agency must prepare a Form 1042-S for each contracting party reporting the amount withheld under section 5000C for the preceding calendar year. The Form 1042 must show the aggregate amounts withheld under section 5000C that were required to be reported on Forms 1042-S (including those amounts withheld under section 5000C for which a Form 1042-S is not required to be filed pursuant to paragraph (c)(2) of this section). The Form 1042 must also include the information required by the form and accompanying instructions. Further, any forms required under this paragraph (c) are due at the same time, at the same place, and eligible for the same extended due dates and may be amended in the same manner as Form 1042 and Form 1042-S (or such other forms as the IRS may prescribe related to chapter 3). The acquiring agency must furnish a copy of the Form 1042-S (or such other form as the IRS may prescribe for the same purpose) to the contracting party for whom the form is prepared on or before March 15 of the calendar year following the year in which the amount subject to reporting under section 5000C was paid. It must be filed with a transmittal form as provided in the instructions for Form 1042-S and to the transmittal form. Section 5000C Certificates or other statements or information as prescribed by § 1.5000C-2 that are provided to the acquiring agency are not required to be attached to the Form 1042 filed with the IRS. However, an acquiring agency that is required to file Form 1042 must retain a copy of Form 1042, Form 1042-S, the Section 5000C Certificates, or other statements or information prescribed by § 1.5000C-2 for at least three years from the original due date of Form 1042 or the date it was filed, whichever is later. An acquiring agency that is not required to file Form 1042 must retain any Section 5000C Certificates or other statements or information as prescribed by § 1.5000C-2 for at least three years from the date the Form 1042 would have been due had the acquiring agency had an obligation to file.

    (2) Classified or confidential contracts. An acquiring agency is not required to report information otherwise required by this section on Form 1042-S for payments made pursuant to classified or confidential contracts (as described in section 6050M(e)(3)), unless the acquiring agency determines that the information reported on the Form 1042-S does not compromise the safeguarding of classified information or national security.

    (d) Special arrangement for certain contracts. In limited circumstances, the IRS may authorize the amount otherwise required to be withheld under section 5000C to be deposited in the time and manner mutually agreed upon by the acquiring agency and the foreign contracting party. In these circumstances, the IRS may in its sole discretion also modify any reporting or return requirements of the acquiring agency or the foreign contracting party.

    § 1.5000C-4 Requirement for the foreign contracting party to file a return and pay tax, and procedures for the contracting party to seek a refund.

    (a) In general. For purposes of subtitle F of the Internal Revenue Code (“Procedure and Administration”), the tax imposed under section 5000C on foreign persons is treated as a tax imposed under subtitle A. Except as provided elsewhere in the regulations under section 5000C, forms, or accompanying instructions, the tax imposed on foreign contracting parties under section 5000C is administered in a manner similar to gross basis income taxes. This section provides procedures that a foreign contracting party must follow to satisfy its obligations to report and deposit tax due under § 1.5000C-1 as well as procedures for contracting parties to seek a refund of amounts overwithheld.

    (b) Tax obligation of foreign contracting party independent of withholding. A foreign contracting party subject to tax under section 5000C and §§ 1.5000C-1 through 1.5000C-7 remains liable for the tax unless its tax obligation was fully satisfied by withholding by an acquiring agency in accordance with §§ 1.5000C-2 and 1.5000C-3.

    (c) Return of tax by the foreign contracting party. If the tax liability under § 1.5000C-1 relating to a payment is not fully satisfied by withholding in accordance with §§ 1.5000C-2 and 1.5000C-3 (including as a result of the use of an estimated nonexempt amount or estimated total contract price in computing the contract ratio), a foreign contracting party subject to tax under § 1.5000C-1 during a calendar year must make a return of tax on, for example, Form 1120-F, “U.S. Income Tax Return of a Foreign Corporation,” or such other form as the Internal Revenue Service (IRS) may prescribe to report the amount of tax due under section 5000C (required return). A foreign contracting party with no other U.S. tax filing obligation other than with respect to its liability for the tax imposed under section 5000C must file its required return on or before the fifteenth day of the sixth month following the close of its taxable year. The required return must include the information required by the form and accompanying instructions. The required return must be filed at the place and time (including any extension of time to file) provided by the form and accompanying instructions. Penalties for failure to file contained in Subtitle F can apply to foreign contracting parties who fail to file the required return. A foreign contracting party must attach copies of all Forms 1042-S, “Foreign Person's U.S. Source Income Subject to Withholding,” received from acquiring agencies (if any) to the required return.

    (d) Time and manner of paying tax. A foreign contracting party must pay the tax imposed under section 5000C in the manner provided and in the time prescribed in the required return and accompanying instructions. In general, the foreign contracting party must pay the tax at the time that the required return is due, excluding extensions. To the extent provided in forms, instructions, or publications prescribed by the IRS, each foreign contracting party must deposit tax due under section 5000C by electronic funds transfer, as that term is defined in § 31.6302-1(h)(4)(i) of this chapter. A foreign contracting party that fails to pay tax in the time and manner prescribed in this section (or under forms, instructions, or publications prescribed by the IRS under this section) may be subject to penalties and interest under Subtitle F.

    (e) Refund requests when amount withheld exceeds tax liability. After taking into account any offsets pursuant to § 1.5000C-2(e)(3), if the acquiring agency has overwithheld amounts under section 5000C and has made a deposit of the amounts under § 1.5000C-3(b), the contracting party may claim a refund of the amount overwithheld pursuant to the procedures described in chapter 65. The contracting party's claim for refund must meet the requirements of section 6402 and the regulations thereunder, as applicable, and must be filed before the expiration of the period of limitations on refund in section 6511 and the regulations thereunder. In general, the contracting party making a refund claim must file the required return to claim a refund, stating the grounds upon which the claim is based. A Section 5000C Certificate and a copy of the Form 1042-S received from the acquiring agency must be attached to the required return. For purposes of this section, an amount is overwithheld if the amount withheld from the payment pursuant to section 5000C and §§ 1.5000C-1 through 1.5000C-7 exceeds the contracting party's tax liability under § 1.5000C-1, regardless of whether the overwithholding was in error or appeared correct when it occurred. A U.S. person may seek a refund under this paragraph (e) even if it was treated as a foreign person under the rules in § 1.5000C-2 (for example, because it neither had a taxpayer identification number on file in the System for Award Management nor submitted Form W-9, “Request for Taxpayer Identification Number (TIN) and Certification,” to the acquiring agency).

    § 1.5000C-5 Anti-abuse rule.

    If a foreign person engages in a transaction (or series of transactions) with a principal purpose of avoiding the tax imposed under section 5000C, the transaction (or series of transactions) may be disregarded or the arrangement may be recharacterized (including disregarding an intermediate entity), in accordance with its substance. If this section applies, the foreign person remains liable for any tax (including any tax obligation unsatisfied as a result of underwithholding) and the Internal Revenue Service retains all other rights and remedies under any applicable law available to collect any tax imposed on the foreign contracting party by section 5000C.

    § 1.5000C-6 Examples.

    The rules of §§ 1.5000C-1 through 1.5000C-4 are illustrated by the following examples. For purposes of the examples: All contracts are executed with acquiring agencies on or after January 2, 2011, and are for the provision of either goods or services; none of the exemptions described in § 1.5000C-1(d) apply, unless otherwise explicitly stated; the acquiring agencies have no other withholding obligations under chapter 3 of the Code and have no other contracts subject to section 5000C; the foreign contracting parties do not have any U.S. source income or a U.S. tax return filing obligation other than a tax return filing obligation that arises based on the facts described in the particular example; and none of the contracts are classified or confidential contracts as described in section 6050M(e)(3).

    Example 1.

    U.S. person not subject to tax; no withholding. (i) Facts. Company A Inc., a domestic corporation and the contracting party, enters into a contract with Agency L, the acquiring agency. Before making its first payment under the contract (for example, on the date of execution of the contract), pursuant to the first step in § 1.5000C-2(b), Agency L determines that the contract will be for services. Under the second step, Agency L reviews Company A Inc.'s record in the System for Award Management (SAM) and determines that Company A is a corporation and is considered to be a U.S. person because Agency L's records demonstrate that Company A Inc. is a business entity treated as a corporation for tax purposes that has a TIN that does not begin with “98.”

    (ii) Analysis. Company A Inc. is a U.S. person and thus is not subject to the tax under section 5000C. Moreover, because Company A Inc. is a corporation for tax purposes that has a TIN that does not begin with “98,” Agency L is able to determine that it has no obligation to withhold any amounts under section 5000C on the payment made to Company A Inc. For purposes of section 5000C, Company A Inc. could also establish that it is a U.S. person by providing a Form W-9, “Request for Taxpayer Identification Number (TIN) and Certification,” to Agency L. Company A Inc. does not need to file a Section 5000C Certificate to demonstrate its eligibility for an exemption from withholding.

    Example 2.

    Foreign national entitled to the benefit of a nondiscrimination provision of a treaty; no withholding. (i) Facts. Company B, a foreign contracting party and a national of Country T, provides goods to Agency M, the acquiring agency. Company B determines that it is exempt from tax under section 5000C because it is entitled to the benefit of the nondiscrimination article of a qualified income tax treaty between the United States and Country T. Company B submits a Section 5000C Certificate to Agency M when the contract is executed. Company B uses Form W-14, “Certificate of Foreign Contracting Party Receiving Federal Procurement Payments,” and properly fills the relevant sections stating the name of the treaty, the specific article relied upon, and the basis on which it is entitled to the benefits of that article. Following the steps in § 1.5000C-2, Agency M determines that the nondiscrimination provision of the Country T-United States income tax treaty applies to exempt Company B from the tax imposed under section 5000C. Agency M makes one lump sum payment of $50 million to Company B pursuant to the contract.

    (ii) Analysis. Company B has no liability for tax under section 5000C because it is entitled to the benefit of a nondiscrimination article of a qualified income tax treaty. Because Company B submitted a Section 5000C Certificate meeting the requirements in § 1.5000C-2 and Agency M does not have reason to know that the submitted information is incorrect or unreliable, Agency M is not required to withhold under section 5000C. Agency M must retain the Section 5000C Certificate for at least three years pursuant to § 1.5000C-3(c)(1) from the due date for the Form 1042 (if it were required).

    Example 3.

    Foreign treaty beneficiary does not submit Section 5000C Certificate; withholding required. (i) Facts. The facts are the same as in Example 2, except that Company B does not submit a Section 5000C Certificate to Agency M before Agency M makes the $50 million payment.

    (ii) Analysis. Company B is not subject to tax under section 5000C, but Agency M must nevertheless withhold on the payment made to Company B because Agency M did not receive a Section 5000C Certificate from Company B in the time and manner required pursuant to § 1.5000C-2(d). Agency M must withhold $1 million (2 percent of $50 million) on the payment, and deposit that amount under the rules in § 1.5000C-3 no later than the 15th day of the month following the month in which the payment was made. Agency M must also complete Forms 1042, “Annual Withholding Tax Return for U.S. Source Income of Foreign Persons,” and 1042-S, “Foreign Person's U.S. Source Income Subject to Withholding,” on or before the date specified on those forms and the accompanying instructions. Agency M must furnish copies of Form 1042-S to Company B. Agency M must retain a copy of the Form 1042 and the Form 1042-S for 3 years from the due date for the Form 1042 pursuant to § 1.5000C-3(c)(1). As Company B is not liable for the tax, it may later file a claim for refund pursuant to the procedures described in chapter 65.

    Example 4.

    Foreign contracting party partially exempt from tax under section 5000C when goods are manufactured in different countries. (i) Facts. Company C, a foreign contracting party, provides goods to Agency N in 2015. The terms of the contract require that payment be made to Company C by Agency N in two $5 million installments in 2015. Company C has a TIN that begins with “98” and is not entitled to relief pursuant to an international agreement with the United States, such as relief pursuant to a nondiscrimination provision of a qualified income tax treaty. Some of the goods are manufactured in Country R, which is a party to an international procurement agreement with the United States, with the remainder being manufactured in Country S, a country that is not a party to an international procurement agreement with the United States. Company C uses a reasonable allocation method based on the information available to it at the time in accordance with § 1.5000C-1(e)(3) to estimate that $3 million is the nonexempt amount that is allocated to the goods produced in Country S. Company C submits a valid and complete Section 5000C Certificate to Agency N in the time and manner required by §§ 1.5000C-1 through 1.5000C-7 that provides that the nonexempt amount is $3 million. In 2015, Agency N pays Company C in two installments pursuant to the terms of the contract.

    (ii) Analysis. Using a reasonable allocation method to determine the estimated nonexempt amount, Company C determines that pursuant to section 5000C and §§ 1.5000C-1 through 1.5000C-7, tax of $30,000 (2 percent of the $5 million payment, or $100,000 multiplied by a fraction, the numerator of which is the estimated nonexempt amount, $3 million, and the denominator of which is the estimated total contract price, or $10 million) is imposed on each payment made to Company C. Because Company C has timely submitted a Section 5000C Certificate explaining the basis for this allocation, Agency N withholds $30,000 on each payment made to Company C. Agency N must deposit each $30,000 withholding tax under the rules in § 1.5000C-3 no later than the 15th day of the month following the month in which each payment is made. Agency N must also complete Forms 1042 and 1042-S and furnish copies of Form 1042-S to Company C. Agency N must retain a copy of the Form 1042 and the Form 1042-S for at least three years from the due date for the Form 1042 pursuant to § 1.5000C-3(c)(1). Provided that Agency N properly withholds on the nonexempt portion as required under section 5000C and §§ 1.5000C-1 through 1.5000C-7 and that Company C's estimate of the nonexempt amount is the actual nonexempt amount, Company C does not have an additional tax liability or a U.S. tax return filing obligation as a result of receiving the payments.

    Example 5.

    Foreign contracting party liable for additional tax under Section 5000C not fully withheld upon due to errors on the Section 5000C Certificate. (i) Facts. The facts are the same as in Example 4, except that the Section 5000C Certificate submitted to Agency N by Company C erroneously provides that the estimated nonexempt amount is $1.5 million instead of $3 million. As a result, Agency N only withholds $15,000 (2 percent of the $5 million payment multiplied by a fraction (the numerator of which is the estimated nonexempt amount stated on the Section 5000C Certificate, $1.5 million, and the denominator of which is the estimated total contract price, or $10 million)) on each payment made to Company C. Agency N neither discovered nor had reason to know that the information on the Section 5000C Certificate was incorrect or unreliable. After both payments have been made and after the filing due date for Form 1042 for 2015, Company C determines that the estimated nonexempt amount should have been stated as $3 million on the Section 5000C Certificate.

    (ii) Analysis. The tax imposed under section 5000C on Company C as a result of the receipt of specified Federal procurement payments is $60,000 and this amount has not been fully satisfied by withholding by Agency N. Accordingly, Company C must remit additional tax of $30,000 ($60,000 tax liability less $30,000 amounts already withheld by Agency N) and file its required return, a Form 1120-F, “U.S. Income Tax Return of a Foreign Corporation,” for 2015 to report this tax liability, as required by § 1.5000C-4. Company C must explain its corrected allocation method in its Form 1120-F. Company C must also attach a copy of the Form 1042-S it received from Agency N to Form 1120-F.

    Example 6.

    Foreign contracting party submits revised Section 5000C Certificate due to change in circumstances. (i) Facts. The facts are the same as in Example 4, except that, after the first payment, Company C changes its business so that all of the goods manufactured with respect to the second payment are manufactured in Country R. Prior to the second payment, Company C submits a revised Section 5000C Certificate indicating this change in circumstance pursuant to § 1.5000C-2(d)(6).

    (ii) Analysis. Agency N withholds $30,000 on the first payment made to Company C and does not withhold on the second payment. Company C does not have an additional tax liability or a U.S. tax return filing obligation as a result of receiving the payments.

    § 1.5000C-7 Effective/applicability date.

    Section 5000C applies to specified Federal procurement payments received pursuant to contracts entered into on and after January 2, 2011. Sections 1.5000C-1 through 1.5000C-7 apply on and after November 16, 2016. Contracting parties and acquiring agencies may rely upon the rules in the regulations before such date. If a foreign contracting party fully satisfies its tax and filing obligations under section 5000C with respect to any payments received in tax years ending before November 16, 2016 on or before the later of November 16, 2016 or the due date for the foreign person's income tax return for the year in which the payment was received in a manner consistent with the final regulations, penalties will not be asserted on the foreign contracting parties with respect to those payments or returns.

    PART 301—PROCEDURE AND ADMINISTRATION Par. 5. The authority citation for part 301 continues to read in part as follows: Authority:

    26 U.S.C. 7805 * * *

    Par. 6. Section 301.6114-1 is amended by adding paragraph (c)(1)(ix) and revising paragraph (e) to read as follows:
    § 301.6114-1 Treaty-based return positions.

    (c) * * *

    (1) * * *

    (ix) Notwithstanding paragraph (b)(1) of this section, that a nondiscrimination provision of a qualified income tax treaty, as defined in Treas. Reg. § 1.5000C-1(c)(13), exempts a payment from tax under section 5000C, but only if the foreign person claiming such relief has provided a Section 5000C Certificate (such as Form W-14, “Certificate of Foreign Contracting Party Receiving Federal Procurement Payments”) to the acquiring agency in accordance with section 5000C and the regulations thereunder.

    (e) Effective/applicability date—(1) In general. This section is effective for taxable years of the taxpayer for which the due date for filing returns (without extensions) occurs after December 31, 1988. However, if—

    (i) A taxpayer has filed a return for such a taxable year, without complying with the reporting requirement of this section, before November 13, 1989, or

    (ii) A taxpayer is not otherwise than by paragraph (a) of this section required to file a return for a taxable year before November 13, 1989, such taxpayer must file (apart from any earlier filed return) the statement required by paragraph (d) of this section before June 12, 1990, by mailing the required statement to the Internal Revenue Service, P.O. Box 21086, Philadelphia, PA 19114. Any such statement filed apart from a return must be dated, signed and sworn to by the taxpayer under the penalties of perjury. In addition, with respect to any return due (without extensions) on or before March 10, 1990, the reporting required by paragraph (a) of this section must be made no later than June 12, 1990. If a taxpayer files or has filed a return on or before November 13, 1989, that provides substantially the same information required by paragraph (d) of this section, no additional submission will be required. Foreign insurers and reinsurers subject to reporting described in paragraph (c)(7)(ii) of this section must so report for calendar years 1988 and 1989 no later than August 15, 1990.

    (2) Section 5000C. Paragraph (c)(1)(ix) of this section applies to payments made on and after November 16, 2016 pursuant to contracts entered into on and after January 2, 2011. However, a taxpayer that receives payments exempt from tax under section 5000C by reason of a qualified income tax treaty before November 16, 2016 is not required to disclose this position on Form 8833, provided it has properly relied on Notice 2015-35, I.R.B. 2016-14, 533, in claiming the exemption.

    PART 602—OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT Par. 7. The authority citation for part 602 continues to read in part as follows: Authority:

    26 U.S.C. 7805 * * *

    Par. 8. In § 602.101, paragraph (b) is amended by adding entries in numerical order to the table to read as follows:
    § 602.101 OMB Control numbers.

    (b) * * *

    CFR part or section where
  • identified and described
  • Current OMB
  • control No.
  • *    *    *    *    * 1.5000C-2 1545-0096 1545-2263 1.5000C-3 1545-0096 1545-2263 1.5000C-4 1545-1223 1545-0074 *    *    *    *    *
    John M. Dalrymple, Deputy Commissioner for Services and Enforcement. Approved: July 22, 2016. Mark D. Mazur, Assistant Secretary of the Treasury (Tax Policy).
    [FR Doc. 2016-19452 Filed 8-17-16; 8:45 am] BILLING CODE 4830-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG-2016-6017] RIN 1625-AA00 Safety Zone; Tall Ships Duluth 2016—Giant Duck, Lake Superior, Duluth, MN AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is establishing a safety zone around the Giant Duck barge and its corresponding tug during the Tall Ships Duluth 2016 parade of sail in Lake Superior near Duluth, MN. This safety zone will provide for the regulation of vessel traffic in the vicinity of the tow in the navigable waters of the United States. This safety zone is necessary to safeguard participants and spectators from the hazards associated with the limited maneuverability of a barge and tow. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Duluth.

    DATES:

    This rule is effective from 8 a.m. through 8 p.m. August 18, 2016.

    ADDRESSES:

    To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2016-6017 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email Lieutenant Junior Grade John Mack, Waterways management, MSU Duluth, Coast Guard; telephone 218-725-3818, email [email protected]

    SUPPLEMENTARY INFORMATION:

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

    The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable and contrary to the public interest. Because the event is scheduled for August 18, 2016, there is insufficient time to accommodate the comment period. Thus, delaying the effective date of this rule to wait for the comment period to run would be both impracticable and contrary to public interest because it would inhibit the Coast Guard's ability to protect spectators and vessels from the hazards associated with the event.

    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to public interest as it would inhibit the Coast Guard's ability to protect spectators and vessels from the hazards associated with the event.

    III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Duluth (COTP) has determined that potential hazards associated with the Giant Duck tow operating in crowded harbors in close proximity to spectator craft necessitate a safety zone. The purpose of this rule is to ensure the safety of all vessels during the Tall Ship event in Duluth, MN.

    IV. Discussion of the Rule

    This rule establishes a safety zone from 8 a.m. through 8 p.m. August 18, 2016. The safety zone will cover all navigable waters within 100 yards of the Giant Duck and its corresponding tug during the Tall Ships event in Duluth, MN. The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters during the event. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative.

    V. Regulatory Analyses

    We developed this rule after considering numerous statutes and Executive order related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors.

    A. Regulatory Planning and Review

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

    This regulatory action determination is based on the size, location, duration, and time-of-year of the safety zone. Vessel traffic will be able to safely transit around this safety zone which will impact a small designated area of Lake Superior near Duluth, MN. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone and the rule allows vessels to seek permission to enter the zone.

    B. Impact on Small Entities

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

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

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

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

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting no more than 12 hours that will prohibit entry within a 100 yard radius from the Giant Duck's towing arrangement. It is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule.

    G. Protest Activities

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

    List of Subjects in 33 CFR Part 165

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

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

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

    Authority:

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

    2. Add § 165.T09-6017 to read as follows:
    § 165.T09-6017 Safety zone; Tall Ships Duluth 2016—Giant Duck, Lake Superior, Duluth, MN.

    (a) Location. All waters of Lake Superior within an area bounded by a circle with a 100-yard radius around the Giant Duck's towing arrangement. The Giant Duck will be a part of the Tall Ships parade of sail event and will travel into the Duluth Harbor via the Duluth Entry before being dismantled near Bayfront Park in Duluth, MN.

    (b) Effective period. This safety zone is effective from 8 a.m. through 8 p.m. on August 18, 2016.

    (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Duluth, or his designated on-scene representative.

    (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Duluth or his designated on-scene representative.

    (3) The “on-scene representative” of the Captain of the Port is any Coast Guard commissioned, warrant, or petty officer who has been designated by the Captain of the Port to act on his behalf. The on-scene representative of the Captain of the Port will be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or his designated on-scene representative may be contacted via VHF Channel 16.

    (4) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port Duluth or his on-scene representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Duluth or his on-scene representative.

    Dated: August 12, 2016. E.E. Williams, Commander, U.S. Coast Guard, Captain of the Port Duluth.
    [FR Doc. 2016-19698 Filed 8-17-16; 8:45 am] BILLING CODE 9110-04-P
    GENERAL SERVICES ADMINISTRATION 41 CFR Part 74 [Notice-MA-2016-05; Docket No: 2016-0002; Sequence No. 19] Federal Management Regulation; Nondiscrimination Clarification in the Federal Workplace AGENCY:

    Office of Government-wide Policy (OGP), General Services Administration (GSA).

    ACTION:

    Issuance of bulletin.

    SUMMARY:

    In recent years, a number of Federal agencies, including the Equal Employment Opportunity Commission (EEOC), the Department of Education (ED), and the Department of Justice (DOJ), have all interpreted prohibitions against sex discrimination under various Federal civil rights laws and regulations. GSA has reviewed these interpretations and agency determinations, and is issuing a Federal Management Regulation (FMR) bulletin to clarify that the nondiscrimination requirement includes gender identity as a prohibited basis of discrimination under the existing prohibition of sex discrimination for any facility under the jurisdiction, custody, or control of GSA.

    DATES:

    Effective date: August 18, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Dennis Oden, Director, Civil Rights Programs Division (AKB), Office of Civil Rights, 202-417-5711, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    The EEOC, ED, and DOJ have all interpreted prohibitions against sex discrimination under various Federal civil rights laws and regulations, including Title VII of the Civil Rights Act of 1964 (as amended) and Title IX of the Education Amendments Act of 1973 (as amended), to encompass discrimination based on gender identity, including transgender status.

    As required in the FMR 41 CFR part 74, section 102-74.445, all Federal agencies occupying property operated under, or subject to, the authorities of GSA must not discriminate by segregation or otherwise against any person or persons because of race, creed, religion, age, sex, color, disability, or national origin in furnishing, or by refusing to furnish to such person or persons the use of any facility of a public nature, including all services, privileges, accommodations, and activities provided on the property.

    Several Federal agencies with enforcement authority over Federal civil rights laws, including the EEOC, ED, and DOJ, have interpreted prohibitions against sex discrimination to include discrimination on the basis of gender identity, including transgender status. The attached bulletin clarifies that the prohibition against sex discrimination contained within the FMR includes discrimination due to gender identity, and is consistent with the legal interpretations issued by other Federal agencies, including the EEOC, ED, and DOJ, as well as guidance issued by the Office of Personnel Management (OPM).

    Dated: August 8, 2016. Denise Turner-Roth, Administrator. General Services Administration Washington, DC 20417 August 8, 2016 GSA Bulletin 2016-B1 Real Property Management

    TO: Heads of Federal Agencies

    SUBJECT: Clarification of Nondiscrimination in the Federal Workplace.

    1. What is the purpose of this bulletin? This bulletin clarifies the nondiscrimination clause in the Federal Management Regulation (FMR), 41 CFR part 74 Facility Management for space under the jurisdiction, custody, or control of GSA regarding prohibitions against sex discrimination.

    2. When does this bulletin expire? This bulletin contains information of a continuing nature and will remain in effect until canceled.

    3. What is the background?

    a. Under the FMR 41 CFR part 74 section 102-74.445, Federal agencies occupying space under the jurisdiction, custody, or control of GSA must not discriminate by segregation or otherwise against any person or persons because of race, creed, religion, age, sex, color, disability, or national origin in furnishing or by refusing to furnish to such person or persons the use of any facility of a public nature, including all services, privileges, accommodations, and activities provided on the property. The prohibition against unlawful discrimination derives from Federal laws passed by the United States Congress and enforced by specific Federal agencies.

    b. Title VII, Civil Rights Act of 1964 (Pub. L. 88-352) as amended (42 U.S.C. 2000e, et seq.), and its implementing regulations for Federal agencies at 29 CFR part 1614 Federal Sector Equal Employment Opportunity, makes it illegal to discriminate against someone in employment on the basis of race, color, religion, national origin, or sex. The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) have statutory authority for the enforcement of Title VII. In 2012, the EEOC clarified in “Macy v. Dep't of Justice,” EEOC Appeal No. 0120120821, 2012 WL 1435995 (Apr. 12, 2012), that discrimination based on transgender status is sex discrimination in violation of Title VII. The EEOC further ruled in “Lusardi v. Dep't of the Army,” EEOC Appeal No. 0120133395, 2015 WL 1607756 (Mar. 27, 2015), that denying an employee equal access to a common restroom corresponding to the employee's gender identity is sex discrimination, that an employer cannot condition this right on the employee undergoing or providing proof of surgery or any other medical procedure, and an employer cannot avoid the requirement to provide equal access to a common restroom by restricting a transgender employee to a single-user restroom instead (though the employer can make a single-user restroom available to all employees who might choose to use it). The EEOC also clarified in “Baldwin v. Dep't of Transportation,” EEOC Appeal No. 0120133080 (July 15, 2015) that a claim of discrimination on the basis of sexual orientation necessarily states a claim of discrimination on the basis of sex under Title VII. This EEOC appeal is available at https://www.eeoc.gov/decisions/0120133080.pdf. The EEOC's technical assistance regarding application of these rulings can be found at https://www.eeoc.gov/eeoc/newsroom/wysk/enforcement_protections_lgbt_workers.cfm.

    c. Likewise, DOJ, which is responsible for the overall enforcement authority for Federal civil rights laws, issued a memorandum “Treatment of Transgender Employment Discrimination Claims,” December 15, 2015 under Title VII of the Civil Rights Act of 1964 asserting the Department's position that Title VII's prohibitions against sex discrimination included discrimination based on gender identity. This memorandum is available at https://www.justice.gov/file/188671/download.

    d. Title IX of the Education Amendments of 1972 (Pub. L. 92-318), as amended, (20 U.S.C 1681, et seq.), and its implementing regulations at 28 CFR part 54 and 34 CFR part 106, prohibits discrimination under any education program or activity receiving Federal financial assistance. The U.S. Department of Education (ED) has statutory authority for the enforcement of Title IX. ED and DOJ on May 13, 2016 issued joint guidance to covered entities explaining that the prohibitions against sex discrimination under Title IX includes discrimination based on gender identity, which encompasses discrimination based on transgender status. The guidance explains that ED and DOJ treat an individual's gender identity as the individual's sex for purposes of Title IX and its implementing regulations. This guidance is available at www.ed.gov/ocr/letters/colleague-201605-title-ix-transgender.pdf.

    e. The U.S. Office of Personnel Management (OPM) has also provided guidance to Federal agencies about the treatment of transgender individuals. In a document entitled “Guidance Regarding the Employment of Transgender Individuals in the Federal Workplace,” OPM notes that “transgender” refers to people whose gender identity and/or expression is different from the sex assigned to them at birth (e.g. the sex listed on an original birth certificate). The OPM Guidance further explains that the term “transgender woman” typically is used to refer to someone who was assigned the male sex at birth but who identifies as a female. Likewise, OPM provides that the term “transgender man” typically is used to refer to someone who was assigned the female sex at birth but who identifies as male. Lastly, OPM recognizes that a person does not need to undergo any medical procedure to be considered a transgender man or a transgender woman. The OPM guidance is available at https://www.opm.gov/policy-data-oversight/diversity-and-inclusion/reference-materials/addressing-sexual-orientation-and-gender-identity-discrimination-in-federal-civilian-employment.pdf.

    4. What is nondiscrimination on property under the jurisdiction, custody, or control of GSA?

    a. Consistent with the interpretations issued by the EEOC, ED, DOJ, and OPM, the prohibition against sex discrimination in the Federal Management Regulation 41 CFR part 74 section 102-74.445 also prohibits discrimination due to gender identity, which includes discrimination based on an individual's transgender status.

    b. Federal agencies occupying space under the jurisdiction, custody, or control of GSA must allow individuals to use restroom facilities and related areas consistent with their gender identity. As consistent with guidance by DOJ and ED, the self-identification of gender identity by any individual is sufficient to establish which restroom or other single-sex facilities should be used. As noted by ED, EEOC, DOJ and OPM, transgender individuals do not have to be undergoing or have completed any medical procedure, nor can they be required to show proof of surgery to be treated in accordance with their gender identity and obtain access to the restroom corresponding with their gender identity. Further, Federal agencies may not restrict only transgender individuals to only use single-occupancy restrooms, such as family or accessible facilities open to all genders. However, Federal agencies may make individual-user options available to all individuals who voluntarily seek additional privacy.

    5. Who should I contact for further information or direct questions regarding this bulletin? Further information regarding this bulletin may be obtained from the GSA Office of Civil Rights by sending an email message to Mr. Dennis Oden, Director, Civil Rights Program Division at [email protected] or by calling 202-417-5711.

    Dated: August 8, 2016. Denise Turner-Roth, Administrator.
    [FR Doc. 2016-19450 Filed 8-17-16; 8:45 am] BILLING CODE 6820-14-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-8451] Suspension of Community Eligibility AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final rule.

    SUMMARY:

    This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at http://www.fema.gov/fema/csb.shtm.

    DATES:

    The effective date of each community's scheduled suspension is the third date (“Susp.”) listed in the third column of the following tables.

    FOR FURTHER INFORMATION CONTACT:

    If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Patricia Suber, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW., Washington, DC 20472, (202) 646-4149.

    SUPPLEMENTARY INFORMATION:

    The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. We recognize that some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue to be eligible for the sale of NFIP flood insurance. A notice withdrawing the suspension of such communities will be published in the Federal Register.

    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA's initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment procedures under 5 U.S.C. 553(b), are impracticable and unnecessary because communities listed in this final rule have been adequately notified.

    Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days.

    National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared.

    Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place.

    Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735.

    Executive Order 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132.

    Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988.

    Paperwork Reduction Act. This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

    List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

    PART 64—[AMENDED] 1. The authority citation for Part 64 continues to read as follows: Authority:

    42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376.

    § 64.6 [Amended]
    2. The tables published under the authority of § 64.6 are amended as follows: State and location Community
  • No.
  • Effective date authorization/
  • cancellation of sale of flood insurance in community
  • Current effective
  • map date
  • Date certain
  • Federal
  • assistance no
  • longer available
  • in SFHAs
  • Region IX California: Sacramento County, Unincorporated Areas 060262 March 31, 1972, Emerg; March 15, 1979, Reg; October 20, 2016, Susp October 20, 2016 October 20, 2016. San Joaquin County, Unincorporated Areas 060299 February 23, 1973, Emerg; May 15, 1980, Reg; October 20, 2016, Susp ......do *   Do. Region X Alaska: Homer, City of, Kenai Peninsula Borough 020107 N/A, Emerg; June 2, 2003, Reg; October 20, 2016, Susp ......do   Do. Kenai Peninsula Borough, Unincorporated Areas 020012 June 19, 1970, Emerg; November 20, 1986, Reg; October 20, 2016, Susp ......do   Do. Seward, City of, Kenai Peninsula Borough 020113 June 19, 1970, Emerg; November 20, 1986, Reg; October 20, 2016, Susp ......do   Do. * do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
    Dated: August 11, 2016. Michael M. Grimm, Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
    [FR Doc. 2016-19667 Filed 8-17-16; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-8447] Suspension of Community Eligibility AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final rule.

    SUMMARY:

    This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at http://www.fema.gov/fema/csb.shtm.

    DATES:

    The effective date of each community's scheduled suspension is the third date (“Susp.”) listed in the third column of the following tables.

    FOR FURTHER INFORMATION CONTACT:

    If you want to determine whether a particular community was suspended on the suspension date or for further information, contact Patricia Suber, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW., Washington, DC 20472, (202) 646-4149.

    SUPPLEMENTARY INFORMATION:

    The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. We recognize that some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue to be eligible for the sale of NFIP flood insurance. A notice withdrawing the suspension of such communities will be published in the Federal Register.

    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA's initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment procedures under 5 U.S.C. 553(b), are impracticable and unnecessary because communities listed in this final rule have been adequately notified.

    Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days.

    National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared.

    Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place.

    Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735.

    Executive Order 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132.

    Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988.

    Paperwork Reduction Act. This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

    List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    Accordingly, 44 CFR part 64 is amended as follows:

    PART 64—[AMENDED] 1. The authority citation for Part 64 continues to read as follows: Authority:

    42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376.

    § 64.6 [Amended]
    2. The tables published under the authority of § 64.6 are amended as follows: State and location Community
  • No.
  • Effective date authorization/cancellation of sale of flood insurance in community Current effective
  • map date
  • Date certain
  • Federal
  • assistance no
  • longer available
  • in SFHAs
  • Region IV Georgia: Athens-Clarke County, Clarke County 130040 December 5, 1973, Emerg; September 15, 1978, Reg; September 30, 2016, Susp September 30, 2016 September 30, 2016. Region VI Oklahoma: Broken Arrow, City of, Tulsa and Wagoner Counties 400236 November 27, 1974, Emerg; August 17, 1981, Reg; September 30, 2016, Susp September 30, 2016 September 30, 2016. Catoosa, City of, Rogers and Wagoner Counties 400185 January 8, 1976, Emerg; August 1, 1980, Reg; September 30, 2016, Susp ......do *   Do. Coweta, City of, Wagoner County 400216 March 21, 1978, Emerg; September 18, 1986, Reg; September 30, 2016, Susp ......do   Do. Rogers County, Unincorporated Areas 405379 November 6, 1970, Emerg; November 5, 1971, Reg; September 30, 2016, Susp ......do   Do. Tulsa, City of, Osage, Rogers, Tulsa and Wagoner Counties 405381 November 20, 1970, Emerg; August 13, 1971, Reg; September 30, 2016, Susp ......do   Do. Tulsa County, Unincorporated Areas 400462 April 21, 1975, Emerg; September 16, 1982, Reg; September 30, 2016, Susp ......do   Do. Wagoner County, Unincorporated Areas 400215 July 15, 1981, Emerg; December 2, 1988, Reg; September 30, 2016, Susp ......do   Do. * do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
    Dated: August 9, 2016. Michael M. Grimm, Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
    [FR Doc. 2016-19666 Filed 8-17-16; 8:45 am] BILLING CODE 9110-12-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 79 [MB Docket No. 12-108; FCC 15-156] Accessibility of User Interfaces, and Video Programming Guides and Menus AGENCY:

    Federal Communications Commission.

    ACTION:

    Final rule; announcement of effective date.

    SUMMARY:

    In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the information collection associated with the Commission's Second Report and Order implementing provisions of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA) related to accessible user interfaces and video programming guides and menus. This document is consistent with the Second Report and Order, which stated that the Commission would publish a document in the Federal Register announcing OMB approval and the effective date of the requirements.

    DATES:

    47 CFR 79.107(a)(5), (d), and (e), 79.108(d)(2), and (f), published at 81 FR 5921, February 4, 2016 are effective on August 18, 2016.

    FOR FURTHER INFORMATION CONTACT:

    For additional information contact Cathy Williams, [email protected], (202) 418-2918.

    SUPPLEMENTARY INFORMATION:

    This document announces that, on August 9, 2016, OMB approved the information collection requirements contained in the Commission's Second Report and Order, FCC 15-156, published at 81 FR 5921, February 4, 2016. The OMB Control Number is 3060-1203. The Commission publishes this document as an announcement of the effective date of the requirements. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street SW., Washington, DC 20554. Please include the OMB Control Number, 3060-1203, in your correspondence. The Commission will also accept your comments via email at [email protected]

    To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

    Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the FCC is notifying the public that it received OMB approval on August 9, 2016, for the new information collection requirements contained in the Commission's rules at 47 CFR 79.107(a)(5), (d), and (e), 79.108(d)(2), and (f).

    Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number.

    No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. The OMB Control Number is 3060-1203.

    The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.

    The total annual reporting burdens and costs for the respondents are as follows:

    OMB Control Number: 3060-1203.

    OMB Approval Date: August 9, 2016.

    OMB Expiration Date: August 31, 2019.

    Title: Section 79.107—User Interfaces Provided by Digital Apparatus; Section 79.108—Video Programming Guides and Menus Provided by Navigation Devices; Section 79.110—Complaint Procedures for User Interfaces, Menus and Guides, and Activating Accessibility Features on Digital Apparatus and Navigation Devices.

    Form Number: N/A.

    Respondents: Business or other for-profit entities; individuals or households; not-for-profit institutions; and state, local, or tribal Governments.

    Number of Respondents and Responses: 4,245 respondents; 517,052 responses.

    Estimated Time per Response: 0.0167 hours to 10 hours.

    Frequency of Response: On occasion reporting requirement; Third party disclosure requirement; Recordkeeping requirement.

    Obligation to Respond: Voluntary. The statutory authority for this information collection is contained in the Twenty-First Century Communications and Video Accessibility Act of 2010, Public Law 111-260, 124 Stat. 2751, and Sections 4(i), 4(j), 303(r), 303(u), 303(aa), 303(bb), and 716(g) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 303(r), 303(u), 303(aa), 303(bb), and 617(g).

    Total Annual Burden: 24,153 hours.

    Total Annual Cost: $70,500.

    Nature and Extent of Confidentiality: Confidentiality is an issue to the extent that individuals and households provide personally identifiable information, which is covered under the FCC's updated system of records notice (SORN), FCC/CGB-1, “Informal Complaints and Inquiries,” which became effective on January 25, 2010. The Commission believes that it provides sufficient safeguards to protect the privacy of individuals who file complaints under 47 CFR 79.110.

    Privacy Act Impact Assessment: The Privacy Impact Assessment (PIA) for Informal Complaints and Inquiries was completed on June 28, 2007. It may be reviewed at http://www.fcc.gov/omd/privacyact/Privacy-Impact-Assessment.html. The Commission is in the process of updating the PIA to incorporate various revisions to it as a result of revisions to the SORN.

    Needs and Uses: On November 20, 2015, in document FCC 15-156, the Commission released a Second Report and Order, Order on Reconsideration, and Further Notice of Proposed Rulemaking, MB Docket No. 12-108, FCC 15-156, adopting additional rules implementing Sections 204 and 205 of the Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA) related to accessible user interfaces and video programming guides and menus. These rules are codified at 47 CFR 79.107 and 79.108. First, the Second Report and Order implements Section 204's requirement that both the “appropriate built-in apparatus functions” and the “on-screen text menus or other visual indicators built in to the digital apparatus” to access such functions be “usable by individuals who are blind or visually impaired” by relying on the existing definition of “usable” in Section 6.3(l) of the Commission's rules. The 6.3(l) definition of “usable” requires that “individuals with disabilities have access to the full functionality and documentation for the product, including instructions, product information (including accessible feature information), documentation, bills and technical support which is provided to individuals without disabilities.” In addition, the Second Report and Order adopts information, documentation, and training requirements comparable to those in Section 6.11 of the Commission's rules for entities covered by both Section 204 and Section 205 of the CVAA. The Second Report and Order also adopts consumer notification requirements for equipment manufacturers of digital apparatus and navigation devices that will require manufacturers to publicize the availability of accessible devices on manufacturer Web sites that must be accessible to those with disabilities. The Second Report and Order requires MVPDs, as well as manufacturers, to ensure that the contact office or person listed on their Web site is able to answer both general and specific questions about the availability of accessible equipment, including, if necessary, providing information to consumers or directing consumers to a place where they can locate information about how to activate and use accessibility features.

    Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary.
    [FR Doc. 2016-19742 Filed 8-17-16; 8:45 am] BILLING CODE 6712-01-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 32 Hunting and Fishing CFR Correction

    In Title 50 of the Code of Federal Regulations, Parts 18 to 199, revised as of October 1, 2015, on page 545, §§ 32.70, 32.71, and 32.72 are reinstated to read as follows:

    § 32.70 Wyoming.

    The following refuge units have been opened for hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.

    Cokeville Meadows National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of ducks, dark geese, coots, mergansers, snipe, Virginia rail, Sora rail, sandhill crane, and mourning dove in accordance with State regulations and subject to the following conditions:

    1. We prohibit hunting of migratory game birds in areas of the refuge indicated on the Cokeville Meadows National Wildlife Refuge Hunting Brochure and marked by signs as closed to all hunting or closed to migratory bird hunting.

    2. You may only possess approved nontoxic shot while in the field (see § 32.2(k)).

    3. We prohibit pits and permanent blinds.

    4. You may use portable blinds or blinds constructed of natural dead vegetation (see § 27.51 of this chapter).

    5. You must remove all decoys, shell casings, portable and temporary blinds, and other personal equipment (see §§ 27.93 and 27.94 of this chapter) from the refuge at the end of each day.

    6. We prohibit possession or consumption of any alcoholic beverage while hunting (see § 32.2(j)).

    7. Hunters may not enter closed areas to retrieve animals legally shot in an open area unless authorization has been given by a refuge employee or State Conservation Officer. Permission must be obtained from private landowners before attempting to retrieve game on private land.

    8. Dogs must be leashed and/or under the direct control of a handler (see § 26.21(b) of this chapter). The use of dogs to find and retrieve legally harvested migratory game birds is allowed.

    9. Hunters must park in a Designated Hunter Parking Area, as identified by signs.

    10. Hunters are required to access and exit the hunting areas from a Designated Hunter Parking Area only. Drop off or pick up of hunters is prohibited except at Hunter Designated Parking Areas.

    11. Hunters may only access the refuge 1 hour before legal sunrise until 1 hour after legal sunset.

    B. Upland Game Hunting. We allow hunting of blue grouse, ruffed grouse, chuckar partridge, gray partridge, cottontail rabbits, snowshoe hares, squirrels (red, gray, and fox), red fox, raccoon, and striped skunk in accordance with State regulations and subject to the following conditions:

    1. Conditions A2 through A7 and A9 through A11 apply.

    2. We prohibit hunting of upland game species in areas of the refuge indicated on the Cokeville Meadows National Wildlife Refuge Hunting Brochure and marked by signs as closed to all hunting.

    3. Dogs must be leashed and/or under the direct control of a handler. The use of dogs to find and retrieve legally harvested upland game birds, cottontail rabbits, and squirrels is allowed and encouraged. Dogs may not be used to chase red fox, raccoon, striped skunk, or any other species not specifically allowed in A8 or this paragraph.

    4. Red fox, raccoon, and striped skunk may be taken on the refuge by licensed migratory bird, big game, or upland/small game hunters from September 1 until the end of the last open big game, upland bird, or small game season. Red fox, raccoon, or striped skunk that is harvested must be taken into possession and removed from the refuge.

    5. We prohibit hunting of sage grouse.

    C. Big Game Hunting. We allow hunting of elk, mule deer, white-tailed deer, pronghorn, and moose in accordance with State regulations and subject to the following conditions:

    1. Conditions A3 through A7 and A9 through A11 apply.

    2. We prohibit hunting of big game in areas of the refuge indicated on the Cokeville Meadows National Wildlife Refuge Hunting Brochure and marked by signs as closed to all hunting.

    3. You may hunt with the aid of a temporary tree stand that does not require drilling or nailing into the tree. All personal property, including temporary tree stands, must be removed at the end of each day (see §§ 27.93 and 27.94 of this chapter).

    D. Sport Fishing. [RESERVED]

    National Elk Refuge

    A. Migratory Game Bird Hunting. [Reserved]

    B. Upland Game Hunting. [Reserved]

    C. Big Game Hunting. Hunters may hunt elk and bison on designated areas of the refuge subject to the following conditions:

    1. We require refuge permits (issued by State of Wyoming).

    2. Hunters may not be let out of vehicles on refuge roads.

    3. Shooting from or across refuge roads and parking areas is not permitted.

    D. Sport Fishing. Anglers may sport fish on the refuge in accordance with state law, as specifically designated in refuge publications.

    Pathfinder National Wildlife Refuge

    A. Migratory Game Bird Hunting. Hunting of geese, ducks and coots is permitted on designated areas of the refuge.

    B. Upland Game Hunting. We allow hunting of sage grouse and cottontail rabbit on designated areas of the refuge subject to the following condition: You may possess only approved nontoxic shot while in the field.

    C. Big Game Hunting. Hunting of pronghorn antelope and deer is permitted on designated areas of the refuge.

    D. Sport Fishing. [Reserved]

    Seedskadee National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of dark goose, duck, coot, merganser, dove, snipe, and rail on designated areas of the refuge in accordance with State regulations subject to the following conditions:

    1. We prohibit hunting of migratory birds on the west side of the Green River between the south end of the Dunkle Unit and Highway 28. We post the boundary for this area with refuge signs stating “Area Closed to Migratory Bird Hunting”.

    2. We prohibit all hunting between Highway 28 and 0.8 miles (1.28 km) north of the refuge headquarters on the west side of the Green River. We post the boundary for this area with refuge signs stating “No Hunting Zone”.

    3. We open the refuge to the general public from 1/2 hour before legal sunrise to 1/2 hour after legal sunset. Waterfowl hunters may enter the refuge 1 hour before legal shooting hours to set up decoys and blinds.

    4. Hunters must confine or leash dogs except when participating in a legal hunt (see § 26.21(b) of this chapter).

    5. You must only use portable blinds or blinds constructed from dead and downed wood. We prohibit digging pit blinds.

    6. You must remove portable blinds, tree stands, decoys, and other personal equipment (see § 27.93 of this chapter) from the refuge each day.

    7. You must completely dismantle blinds constructed of dead and downed wood at the end of the waterfowl hunting season.

    8. We only allow hunters to retrieve downed game from closed areas with consent from a refuge employee or State game warden.

    9. You must unload and either case or dismantle all firearms (see § 27.42(b) of this chapter) when transporting them in a vehicle or boat under power.

    B. Upland Game Hunting. We allow hunting of sage grouse, cottontail rabbit, jackrabbit, raccoon, fox, and skunk on designated areas of the refuge in accordance with State regulations subject to the following conditions:

    1. Conditions A2, A8, and A9 apply.

    2. We open the refuge to the general public from 1/2 hour before legal sunrise to 1/2 hour after legal sunset.

    3. Hunters must confine or leash dogs (see § 26.21(b) of this chapter) except when participating in a legal hunt for sage grouse, cottontail rabbit, or jackrabbit.

    4. When using shotguns or muzzleloaders, you may only possess approved nontoxic shot (see § 32.2(k)) while in the field.

    C. Big Game Hunting. We allow hunting of antelope, mule deer, and moose on designated areas of the refuge in accordance with State regulations subject to the following conditions:

    1. Conditions A2, A8, A9, and B2 apply.

    D. Sport Fishing. We allow fishing on the refuge in accordance with State regulations subject to the following conditions:

    1. Condition B2 applies.

    2. You must only launch or pick up trailered boats at the following boat ramps: Dodge Bottom, Hayfarm, Lombard, and Six-Mile.

    3. We prohibit taking of mollusk, crustacean, reptile, and amphibian from the refuge.

    [58 FR 5064, Jan. 19, 1993, as amended at 59 FR 55188, Nov. 3, 1994; 60 FR 62049, Dec. 4, 1995; 62 FR 47383, Sept. 9, 1997; 63 FR 2182, Jan. 14, 1998; 65 FR 30795, May 12, 2000; 67 FR 58952, Sept. 18, 2002; 69 FR 54362, 54473, Sept. 8, 2004; 76 FR 4000, Jan. 21, 2011; 79 FR 14844, Mar. 17, 2014]
    § 32.71 United States Unincorporated Pacific Insular Possessions.

    The following refuge units have been opened to hunting and/or fishing, and are listed in alphabetical order with applicable refuge-specific regulations.

    Johnston Island National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]

    B. Upland Game Hunting. [Reserved]

    C. Big Game Hunting. [Reserved]

    D. Sport Fishing. [Reserved]

    Midway Atoll National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]

    B. Upland Game Hunting. [Reserved]

    C. Big Game Hunting. [Reserved]

    D. Sport Fishing. [Reserved]

    [58 FR 5064, Jan. 19, 1993, as amended at 59 FR 55188, Nov. 3, 1994; 61 FR 46399, Sept. 3, 1996; 63 FR 46922, Sept. 3, 1998; 65 FR 30795, May 12, 2000; 65 FR 56411, Sept. 18, 2000; 69 FR 54362, 54474, Sept. 8, 2004; 73 FR 33200, June 11, 2008]
    § 32.72 Guam.

    We have opened the following refuge unit to hunting and/or fishing with applicable refuge-specific regulations.

    Guam National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]

    B. Upland Game Hunting. [Reserved]

    C. Big Game Hunting. [Reserved]

    D. Sport Fishing. Anglers may fish and collect marine life on designated areas of the refuge only in accordance with refuge and Government of Guam laws and regulations. The leaflet is available at the refuge headquarters and anglers are subject to the following additional conditions:

    1. Anglers may be on the refuge from 8:30 a.m. until 5:00 p.m. daily, except Thanksgiving, Christmas, and New Year's Day.

    2. We prohibit overnight camping on the refuge.

    3. You may not possess surround or gill nets on the refuge.

    4. We prohibit the collection of corals, giant clams (Tridacna and Hippopus spp.), and coconut crabs (Birgus latro) on the refuge.

    5. We prohibit use of Self Contained Underwater Breathing Apparatus (SCUBA) to take fish or invertebrates.

    6. We prohibit anchoring boats on the refuge.

    7. We prohibit sailboards or motorized personal watercraft on the refuge.

    [65 FR 30795, May 12, 2000, as amended at 66 FR 46363, Sept. 4, 2001; 67 FR 58953, Sept. 18, 2002; 69 FR 54362, Sept. 8, 2004]
    [FR Doc. 2016-19797 Filed 8-17-16; 8:45 am] BILLING CODE 1505-01-D
    81 160 Thursday, August 18, 2016 Proposed Rules DEPARTMENT OF ENERGY 10 CFR Part 430 [Docket Number EERE-2012-BT-STD-0027] RIN 1904-AC81 Energy Conservation Program: Energy Conservation Standards for Residential Dehumidifiers AGENCY:

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

    ACTION:

    Publication of determination.

    SUMMARY:

    The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes that the U.S. Department of Justice (DOJ) make a determination on the impact, if any, on the lessening of competition likely to result from a U.S. Department of Energy (DOE) proposed rule for energy conservation standards and that DOE publish the determination in the Federal Register. DOE published its final rule for energy conservation standards for dehumidifiers on June 13, 2016, and is publishing DOJ's August 5, 2015 determination on the proposed rule.

    DATES:

    Date of DOJ determination—August 5, 2015.

    FOR FURTHER INFORMATION CONTACT:

    Mr. John Cymbalsky, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 287-1692. Email: [email protected]

    Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-7796. Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    On June 13, 2016, DOE published a final rule amending energy conservation standards for dehumidifiers (81 FR 38338). Those amended standards were determined by DOE to be technologically feasible and economically justified and would result in the significant conservation of energy. The Energy Conservation and Policy Act of 1975 (42 U.S.C. 6291, et seq.; “EPCA”), as amended, requires that the Attorney General make a determination and analysis of the impact, if any, of any lessening of competition likely to result from a proposed standard, within 60 days of publication. (42 U.S.C. 6295(o)(2)(B)(ii)) EPCA also requires that DOE publish the determination and analysis in the Federal Register. Id.

    DOE received the determination in response to the June 3, 2015 NOPR (80 FR 31645) from the Attorney General and the U.S. Department of Justice (DOJ) on August 5, 2015. DOE is publishing the text of DOJ's August 5, 2015 determination.

    Issued in Washington, DC, on August 11, 2016. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. EP18AU16.011 Main Justice Building 950 Pennsylvania Avenue NW. Washington, DC 20530-0001 (202) 514-2401 / (202) 616-2645 (Fax) August 5, 2015 Anne Harkavy Deputy General Counsel for Litigation, Regulation and Enforcement U.S. Department of Energy Washington, DC 20585 Re: Energy Conservation Standards for Residential Dehumidifiers Doc. No. EERE-2012-BT-STD-0027

    Dear Deputy General Counsel Harkavy:

    I am responding to your June 3, 2015, letter seeking the views of the Attorney General about the potential impact on competition of proposed energy conservation standards for residential dehumidifiers. Your request was submitted under Section 325(o)(2)(B)(i)(V) of the Energy Policy and Conservation Act, as amended (ECPA), 42 U.S.C. 6295(o)(2)(B)(i)(V), which requires the Attorney General to make a determination of the impact of any lessening of competition that is likely to result from the imposition of proposed energy conservation standards. The Attorney General's responsibility for responding to requests from other departments about the effect of a program on competition has been delegated to the Assistant Attorney General for the Antitrust Division in 28 CFR 0.40(g).

    In conducting its analysis, the Antitrust Division examines whether a proposed standard may lessen competition, for example, by substantially limiting consumer choice or increasing industry concentration. A lessening of competition could result in higher prices to manufacturers and consumers.

    We have reviewed the proposed standards contained in the Notice of Proposed Rulemaking (80 FR 31,646, June 3, 2015) and the related Technical Support Documents. We have also reviewed information presented at the public meeting held on the proposed standards on July 7, 2015. Based on this review, our conclusion is that the proposed energy conservation standards for residential dehumidifiers are unlikely to have a significant adverse impact on competition.

    Sincerely,

    William J. Baer
    [FR Doc. 2016-19612 Filed 8-17-16; 8:45 am] BILLING CODE 6450-01-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2016-0311; FRL-9951-04-Region 8] Approval and Promulgation of Air Quality Implementation Plans; State of Utah; Revisions to the Utah Division of Administrative Rules, R307-300 Series; Area Source Rules for Attainment of Fine Particulate Matter Standards AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing approval of portions of the fine particulate matter (PM2.5) State Implementation Plan (SIP) and other general rule revisions submitted by the State of Utah. The revisions affect the Utah Division of Administrative Rules (DAR), R307-300 Series; Requirements for Specific Locations. The revisions had submission dates of May 9, 2013, May 20, 2014, September 8, 2015, and March 8, 2016. The March 8, 2016 submittal contains rule revisions to address our February 25, 2016 conditional approval of several Utah DAR R307-300 Series rules submitted on February 2, 2012, May 9, 2013, and May 20, 2014. These area source rules control emissions of direct PM2.5 and PM2.5 precursors, which are sulfur dioxides (SO2), nitrogen oxides (NOX) and volatile organic compounds (VOC). Additionally, the EPA is proposing to approve the State's reasonably available control measure (RACM) determinations for the rule revisions that pertain to the PM2.5 SIP. This action is being taken under section 110 of the Clean Air Act (CAA or Act).

    DATES:

    Written comments must be received on or before September 19, 2016.

    ADDRESSES:

    Submit your comments, identified by EPA-R08-OAR-2016-0311 at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly-available docket materials are available at http://www.regulations.gov or in hard copy at the EPA Region 8, Office of Partnerships and Regulatory Assistance, Air Program, 1595 Wynkoop Street, Denver, Colorado, 80202-1129. The EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    Crystal Ostigaard, Air Program, EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6602, [email protected]

    SUPPLEMENTARY INFORMATION: I. General Information

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

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

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

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

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

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

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

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

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

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

    II. Background A. Regulatory Background

    On October 17, 2006 (71 FR 61144), the EPA strengthened the level of the 24-hour PM2.5 National Ambient Air Quality Standards (NAAQS), lowering the primary and secondary standards from 65 micrograms per cubic meter (μg/m3), the 1997 standard, to 35µg/m3. On November 13, 2009 (74 FR 58688), the EPA designated three nonattainment areas in Utah for the 24-hour PM2.5 NAAQS of 35 μg/m3. These are the Salt Lake City, Utah; Provo, Utah; and Logan, Utah-Idaho nonattainment areas. The EPA originally designated these areas under CAA title I, part D, subpart 1, which required Utah to submit an attainment plan for each area no later than three years from the date of their nonattainment designations. These plans needed to provide for the attainment of the PM2.5 standard as expeditiously as practicable, but no later than five years from the date the areas were designated nonattainment.

    Subsequently, on January 4, 2013, the U.S. Court of Appeals for the District of Columbia held that the EPA should have implemented the 2006 PM2.5 24-hour standard based on both CAA title I, part D, subpart 1 and subpart 4. NRDC v. EPA, 706 F.3d 428 (D.C. Cir. 2013). Under subpart 4, nonattainment areas are initially classified as moderate, and moderate area attainment plans must address the requirements of subpart 4 as well as subpart 1. Additionally, CAA subpart 4 sets a different SIP submittal due date and attainment year. For a moderate area, the attainment SIP is due 18 months after designation, and the attainment year is the end of the sixth calendar year after designation. On June 2, 2014 (79 FR 31566), the EPA finalized the Identification of Nonattainment Classification and Deadlines for Submission of State Implementation Plan (SIP) Provisions for the 1997 Fine Particulate (PM2.5) National Ambient Air Quality Standard (NAAQS) and 2006 PM2.5 NAAQS (“the Classification and Deadline Rule”). This rule classified to moderate the areas that were designated in 2009 as nonattainment, and set the attainment SIP submittal due date for those areas at December 31, 2014. This rule did not affect the moderate area attainment date of December 31, 2015.

    On March 23, 2015, the EPA proposed the Fine Particulate Matter National Ambient Air Quality Standards: State Implementation Plan Requirements (“PM2.5 Implementation Rule”), 80 FR 15340, which partially addresses the January 4, 2013 court ruling. This proposed rule details how air agencies should meet the statutory SIP requirements that apply under subparts 1 and 4 to areas designated nonattainment for any PM2.5 NAAQS, such as: General requirements for attainment plan due dates and attainment demonstrations; provisions for demonstrating reasonable further progress (RFP); quantitative milestones; contingency measures; Nonattainment New Source Review (NNSR) permitting programs; and RACM (including reasonably available control technology (RACT)), among other things. The statutory attainment planning requirements of subparts 1 and 4 were established to ensure that the following goals of the CAA are met: (i) That states implement measures that provide for attainment of the PM2.5 NAAQS as expeditiously as practicable; and, (ii) that states adopt emissions reduction strategies that will be the most effective, and the most cost-effective, at reducing PM2.5 levels in nonattainment areas.

    The PM2.5 Implementation Rule proposed a process for states to determine the control strategy for PM2.5 attainment plans. The process consists of identifying all technologically and economically feasible control measures, including control technologies for all sources of direct PM2.5 and PM2.5 precursors in the emissions inventory for the nonattainment area which are not otherwise exempted from consideration for controls.1 From that list of measures, the state must identify those that it can implement within four years of designation of the area (and which would thus meet the statutory requirements for RACM and RACT) and any “additional reasonable measures,” which the EPA is proposing in the PM2.5 Implementation Rule to define as those technologically and economically feasible measures that the state can only implement on sources in the nonattainment area after the four-year deadline for RACM and RACT has passed. See proposed 40 CFR 51.1000. The EPA is currently in the process of preparing its final action on the proposed rule.

    1 Such exemptions could be due to a demonstrated lack of significant contribution of a certain PM2.5 precursor to the area's elevated PM2.5 concentrations or due to a presumptive determination that a certain source category contributes only a de minimis amount toward PM2.5 levels in a nonattainment area.

    B. RACT and RACM Requirements for PM2.5 Attainment Plans

    Section 172(c)(1) of the Act (from subpart 1) requires that attainment plans, in general, provide for the implementation of all RACM as expeditiously as practicable (including RACT) and shall provide for attainment of the national primary ambient air quality standards. Section 189(a)(1)(C) (from subpart 4) requires moderate area attainment plans to contain provisions to assure that RACM is implemented no later than four years after designation.

    The EPA stated its interpretation of the RACT and RACM requirements of subparts 1 and 4 in the 1992 General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990, 57 FR 13498 (Apr. 6, 1992). For RACT, the EPA followed its “historic definition of RACT as the lowest emission limitation that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.” 57 FR 13541. Like RACT, the EPA has historically considered RACM to consist of control measures that are reasonably available, considering technological and economic feasibility. See PM2.5 Implementation Rule, 80 FR 15373.

    C. Utah's PM2.5 Attainment Plan Submittals

    Under section 110(k)(4) of the Act, the EPA may approve a SIP revision based on a commitment by the state to adopt specific enforceable measures by a date certain, but not later than one year after the date of approval of the plan revision. If we finalize our proposed conditional approval, Utah must adopt and submit the specific revisions it has committed to within one year of our finalization. If Utah does not submit these revisions within one year, or if we find Utah's revisions to be incomplete, or we disapprove Utah's revisions, this conditional approval will convert to a disapproval. If any of these occur and our conditional approval converts to a disapproval, that will constitute a disapproval of a required plan element under part D of title I of the Act, which starts an 18-month clock for sanctions, see section 179(a)(2), and the two-year clock for a federal implementation plan (FIP), see section 110(c)(1)(B).

    Prior to the January 4, 2013 decision of the D.C. Circuit Court of Appeals, Utah developed a PM2.5 attainment plan intended to meet the requirements of subpart 1. The EPA submitted written comments dated November 1, 2012, to the Utah Division of Air Quality (UDAQ) on Utah's draft PM2.5 SIP, technical support document (TSD), and area source and other rules. After the court's decision, Utah amended its attainment plan to address requirements of subpart 4. On December 2, 2013, the EPA provided comments on Utah's revised draft PM2.5 SIPs for the Salt Lake City and Provo areas, including the TSDs and rules in Section IX, Part H. These written comments from the EPA included some comments applicable to the rules we are proposing to act on today. The comment letters can be found within the docket for this action on www.regulations.gov.

    In addition, Utah provided a commitment letter dated August 4, 2015, committing to revise R307-101, General Requirements; R307-312, Aggregate Processing Operations for PM2.5 Nonattainment Areas; and R307-328, Gasoline Transfer and Storage. The EPA issued a conditional approval of the revisions on February 25, 2016 (81 FR 9343), based on the commitment letter. In that action, the EPA also approved other area source rules and conditionally approved the determination of RACM for these specific rules from Utah's moderate PM2.5 SIPs. When the EPA takes final action on today's proposal, it will complete the action on the revisions described earlier and the determination of RACM for these specific rules from Utah's moderate PM2.5 SIPs.

    Furthermore, Utah submitted revisions to R307-302, Solid Fuel Burning Devices in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, and Weber Counties on May 9, 2013, May 20, 2014, and September 8, 2015. With this action, the EPA is proposing to conditionally approve R307-302 based on the May 19, 2016 commitment letter submitted by UDAQ. This rule is applicable to the Utah SIPs for PM2.5 nonattainment areas.

    III. EPA's Evaluation of Utah's Submittals

    SIP revisions for R307-101 were submitted on May 9, 2013, May 20, 2014, and March 8, 2016. For R307-312, revisions were submitted on May 9, 2013, and March 8, 2016. Revisions for R307-328 were submitted on February 2, 2012, and March 8, 2016. In an August 4, 2015 commitment letter, UDAQ committed to revise R307-101, R307-312 and R307-328 and EPA conditionally approved these rules on February 25, 2016 (81 FR 9343). Additionally, SIP revisions were submitted for R307-302 on May 9, 2013, May 20, 2014, and September 8, 2015. However, the EPA identified an issue with R307-302 relating to startup, shutdown, and malfunction provisions, and Utah provided a commitment letter dated May 19, 2016, that contains a commitment to revise R307-302 to address this issue. The EPA is proposing conditional approval of the three submittals based on Utah's May 19, 2016 commitment letter. These final rule submissions, except for revisions to R307-101 and R307-328, are submitted as RACM components of the PM2.5 SIP submitted by the State of Utah. The area source rules for RACM, R307-302 and R307-312, provide specific requirements for emissions of direct PM2.5, VOCs, NOX, and SO2 from a few specific categories of sources. All of these rule revision submittals and commitment letters can found on www.regulations.gov.

    The following is a summary of EPA's evaluation of the rule revisions. In general, we reviewed the rules for: enforceability; RACM requirements (for those rules submitted as RACM); and other applicable requirements of the Act.

    1. R307-101, General Requirements

    Rule R307-101 provides general requirements that pertain to all UDAQ R307 rules, which constitute the basis for control of air pollution sources in the State of Utah. The primary section is R307-101-2 Definitions, which provide definitions that are applicable to all R307 rules, except for those definitions as specified in individual rules. UDAQ committed in its letter dated August 4, 2015, to remove the definition of “PM2.5 precursor,” as that definition is not used for regulatory purposes in Utah's SIP. Additionally, a “Nonsubstantive Rule Amendment” was made by Utah to correct a citation to the United States Code of Federal Regulations 40 CFR 51.100. In accordance with Utah Code Title 19, Chapter 2, Air Conservation Act, Utah Code Title 63G, Chapter 3, Administrative Rulemaking Act, and Utah Administrative Code, R15, Administrative Rules, this change was made without public comment, as appropriate for a non-substantive change. This submittal was made by UDAQ on May 20, 2014, and was included in the conditional approval finalized by the EPA on February 25, 2016. With UDAQ's March 8, 2016 submittal, the definition “PM2.5 precursor” was removed, which satisfies the commitment letter on which the EPA's conditional approval was based and completes the EPA's actions on the May 9, 2013 and May 20, 2014 submittals for R307-101 from UDAQ. (February 25, 2016; 81 FR 9343.)

    Additionally, UDAQ submitted to the EPA other revisions to R307-101-2 on March 8, 2016. These revisions included revisions to the “Clean Air Act” definition and “Maintenance Area” definition, specific to coarse particulate matter (PM10). The definition for “Clean Air Act” was revised to mean “federal Clean Air Act as found in 42 U.S.C. Chapter 85.” The revisions to the “Maintenance Area” definition, specific to PM10, updated the date on when the Board adopted the maintenance plans for Salt Lake County, Utah County, and Ogden City to “December 2, 2015.”

    The Board proposed for public comment the removal of the definition “PM2.5 Precursor” in R307-101-2 on October 7, 2015, and the public comment period was held from November 1, 2015, through December 1, 2015. No comments were received and no hearing was requested for this comment period. The Board adopted the revision to R307-101-2 on February 3, 2016, and it became effective on February 4, 2016. Amendments to R307-101-2 were proposed by the Board on December 2, 2015, and were out for a comment period of January 1, 2016, through February 2, 2016. No comments were received and no hearing was requested for this comment period. The final revision of Rule R307-101-2 was adopted by the Board on March 2, 2016, and became effective on March 3, 2016, and is applicable to the entire state of Utah.

    With UDAQ's March 8, 2016 submittal, section R307-101 was revised to represent what was in the commitment letter, which satisfies the EPA's conditional approval. Additionally, the EPA is proposing to approve the other definition revisions to R307-101 as stated earlier.

    2. R307-302, Solid Fuel Burning Devices in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, and Weber Counties

    Rule R307-302 is an existing rule that was approved by the EPA on February 14, 2006 (71 FR 7679). This rule establishes emission standards for fireplaces and solid fuel burning devices used in residential, commercial, institutional and industrial facilities and associated outbuilding used to provide comfort heating.

    The Board proposed revisions to R307-302 for public comment on October 7, 2015, with the public comment period held from November 1 to December 1, 2015. No comments were received and no public hearing was requested. The Board adopted the latest revision to R307-302 on February 3, 2016, and it became effective on February 4, 2015.

    The EPA requested that UDAQ commit to revise R307-302-5 which states “R307-302-5. Opacity for Heating Appliances. Except during no-burn periods as required by R307-302-2 and 4, visible emissions from solid fuel burning devices and fireplaces shall be limited to a shade or density no darker than 20% opacity as measured by EPA Method 9, except for the following: (1) An initial fifteen minute start-up period, and (2) A period of fifteen minutes in any three-hour period in which emissions may exceed the 20% opacity limitation for refueling.” The requested change is to provide continuous controls to cover startup, shutdown, and malfunction requirements. UDAQ committed in its May 19, 2016 letter to add continuous controls that extend to startup, shutdown, and malfunction, by establishing a prohibition on fuel types that can't be burned in a solid fuel burning device at any time.

    Utah's RACM and rule analysis can be found in the docket posted on regulations.gov. For direct PM2.5, the RACM analysis considered the effect of lowering the wood burning prohibition action level from 35 μg/m3 to 25 μg/m3 and alternatively to 15 μg/m3, and the sales restriction of solid fuel devices to only EPA-approved wood stoves. In choosing a wood burning prohibition action level, UDAQ determined that 25 μg/m3 was representative of RACM, and chose to establish the 15 μg/m3 action level as a contingency measure. UDAQ also established a sales restriction on solid fuel devices to EPA-approved wood stoves, with a phase-in schedule of 90% by 2014, 92.5% by 2017, and 95% by 2019.

    The EPA agrees with the revisions that UDAQ has committed to and is proposing a conditional approval of the revisions to R307-302; and also proposing to find that R307-302, as revised, constitutes RACM for the Nonattainment Areas for Solid Fuel Burning Devices in Box Elder, Cache, Davis, Salt Lake, Tooele, and Weber Counties for the Utah PM2.5 SIP, with the commitment to adopt measures to address startup, shutdown, and malfunction events.

    3. R307-312, Aggregate Processing Operations for PM2.5 Nonattainment Areas

    R307-312 establishes emission standards for sources in the aggregate processing industry, including aggregate processing equipment, hot mix asphalt plants, and concrete batch plants. The rule applies to all crushers, screens, conveyors, hot mix asphalt plants, and concrete batch plants located within a PM2.5 nonattainment and maintenance area as defined in 40 CFR 81.345 (July 1, 2011). The provisions of R307-312 do not apply to temporary hot mix asphalt plants.

    The EPA requested that UDAQ commit to revise R307-312-5(2)(a) which states “Production shall be determined by scale house records or equivalent method on a daily basis.” The EPA requested that UDAQ identify what could be used as an “equivalent method” in its rule. UDAQ committed in their August 4, 2015 letter to remove “equivalent method” and state “Production shall be determined by scale house records, scale house or belt scale records, or manifest statements on a daily basis.” The EPA finalized this commitment and conditional approval on February 25, 2016 (81 FR 9343). With UDAQ's March 8, 2016 submittal, section R307-312-5(2)(a) was revised to represent what was in the commitment letter, which satisfies the condition specified in the conditional approval and completes the EPA's action on the May 9, 2013 submittal for R307-312 from UDAQ.

    The Board proposed revisions to R307-312 for public comment on October 7, 2015, with the public comment period held from November 1 to December 1, 2015. No comments were received and no public hearing was requested. The Board adopted the revision to R307-312 on February 3, 2016, and it became effective on February 4, 2016.

    Utah's RACM and rule analysis can be found in the docket posted on regulations.gov. For direct PM2.5, the RACM analysis considered the following as technologically feasible control measures for aggregate processing: water application, enclosures, and add-on control devices, including a baghouse, electrostatic precipitator, wet scrubber, and cyclone. UDAQ considered enclosures and add-on controls to not be economically feasible for aggregate processing equipment and determined water application to be RACM at a cost-effectiveness of $650/ton. However, water application was not considered feasible for the one existing concrete batch plant; and UDAQ determined RACM to be the existing baghouse and fabric filter controls. The RACM analysis considered the following add-on controls as technologically feasible for filterable particulate matter (PM) from hot mix asphalt plants: baghouse, electrostatic precipitator, wet scrubber, and cyclone. UDAQ did not find any controls technologically feasible for condensable PM. The analysis considered all the add-on controls to be economically feasible; and UDAQ correspondingly set a direct PM2.5 limit of 0.024 gr/dscf. For NOX, UDAQ considered low-NOX burners, NSCR, SCR, and use of natural gas to be technically feasible. UDAQ determined that use of natural gas was RACM.

    The EPA agrees with the revisions that UDAQ has made to R307-312 and is proposing approval. Additionally, the EPA is proposing to find that R307-312, as revised, constitutes RACM for the Nonattainment Areas for Aggregate Processing Operations for the Utah PM2.5 SIP. This proposal is based on our review of the RACM analysis provided in Utah's PM2.5 SIP.

    4. R307-328, Gasoline Transfer and Storage

    R307-328 establishes controls of gasoline vapors during the filling of gasoline cargo tank and storage tanks in Utah. The rule is based on federal control technique guidance documents. This requirement is commonly referred to as stage I vapor recovery.

    The EPA requested that UDAQ commit to revise R307-328-4(6) which stated “A gasoline storage and transfer installation that receives inbound loads and dispatches outbound loads (“bulk plant”) need not comply with R307-328-4 if it does not have a daily average throughput of more than 3,900 gallons (15,000 or more liters) of gasoline based upon a 30-day rolling average. Such installations shall on-load and off-load gasoline by use of bottom or submerged filling or alternate equivalent methods. The emission limitation is based on operating procedures and equipment specifications using RACT as defined in EPA documents EPA 450/2-77-026 October 1977, “Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals,” and EPA-450/2-77-035 December 1977, “Control of Volatile Organic Emissions from Bulk Gasoline Plants.” The design effectiveness of such equipment and the operating procedures must be documented and submitted to and approved by the executive secretary.” The requested change was to remove the “alternative equivalent method” from this section. UDAQ committed in their August 4, 2015 letter to remove “alternative equivalent method” and state: “A gasoline storage and transfer installation that receives inbound loads and dispatches outbound loads (“bulk plant”) need not comply with R307-328-4 if it does not have a daily average throughput of more than 3,900 gallons (15,000 or more liters) of gasoline based upon a 30-day rolling average. Such installations shall on-load and off-load gasoline by use of bottom or submerged filling. The emission limitation is based on operating procedures and equipment specifications using RACT as defined in EPA documents EPA 450/2-77-026 October 1977, “Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals,” and EPA-450/2-77-035 December 1977, “Control of Volatile Organic Emissions from Bulk Gasoline Plants.” The design effectiveness of such equipment and the operating procedures must be documented and submitted to and approved by the executive secretary.”

    The EPA finalized this commitment and conditional approval on February 25, 2016 (81 FR 9343). The Board proposed revisions to R307-328 for public comment on October 7, 2015, with the public comment period held from November 1 to December 1, 2015. No comments were received and no public hearing was requested. The Board adopted the revision to R307-328 on February 3, 2016, and it became effective on February 4, 2016. With UDAQ's March 8, 2016 submittal, the section, R307-328-4(6), was revised to represent what was in the commitment letter, which satisfies the EPA's conditional approval and completes the EPA's action on the February 2, 2012 submittal for R307-328 from UDAQ. Therefore, the EPA is proposing approval of the rule, R307-328.

    IV. What action is EPA proposing?

    The EPA is proposing approval of the revisions to Administrative Rules R307-101-2, along with the revisions in R307-300 Series; Requirements for Specific Locations (Within Nonattainment and Maintenance Areas), R307-302 (conditional approval, described later), R307-312, and R307-328 for incorporation to the Utah SIP as submitted by the State of Utah on May 9, 2013, May 20, 2014, September 8, 2015, and March 8, 2016. This proposal will complete the EPA's February 25, 2016 (81 FR 9343) conditional approval action on the February 2, 2012, May 9, 2013, and May 20, 2014 submittals for R307-101, R307-312, and R307-328 from UDAQ. We are proposing to approve Utah's determination that R307-312 constitutes RACM for the Utah PM2.5 SIP; however, we are not proposing to determine that Utah's PM2.5 attainment plan has met all requirements regarding RACM under subparts 1 and 4 of Part D, title I of the Act. We intend to act separately on the remainder of Utah's PM2.5 attainment plan.

    The EPA is proposing to conditionally approve revisions to R307-302 and conditionally approve Utah's determination that R307-302 constitutes RACM for the Utah PM2.5 SIP for solid fuel burning devices in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, and Weber Counties. As stated earlier, we are not proposing to determine that Utah's PM2.5 attainment plan has met all requirements regarding RACM under subparts 1 and 4 of part D, title I of the Act. Under section 110(k)(4) of the Act, the EPA may approve a SIP revision based on a commitment by the State to adopt specific enforceable measures by a date certain, but not later than one year after the date of approval of the plan revision. On May 19, 2016, Utah submitted a commitment letter to adopt and submit specific revisions within one year of our final action on these submittals; specifically to include continuous controls to cover start-up, shutdown, and malfunction requirements. If we finalize our proposed conditional approval, Utah must adopt and submit the specific revisions it has committed to within one year of our final action. If Utah does not submit these revisions within one year, or if we find Utah's revisions to be incomplete, or we disapprove Utah's revisions, this conditional approval will convert to a disapproval. If any of these occur and our conditional approvals convert to a disapproval, that will constitute a disapproval of a required plan element under part D of title I of the Act, which starts an 18-month clock for sanctions, see CAA section 179(a)(2), and the two-year clock for a FIP, see CAA section 110(c)(1)(B).

    V. Consideration of Section 110(l) of the CAA

    Under section 110(l) of the CAA, the EPA cannot approve a SIP revision if the revision would interfere with any applicable requirements concerning attainment and RFP toward attainment of the NAAQS, or any other applicable requirement of the Act. In addition, section 110(l) requires that each revision to an implementation plan submitted by a state shall be adopted by the state after reasonable notice and public hearing.

    The Utah SIP revisions that the EPA is proposing to approve do not interfere with any applicable requirements of the Act. The DAR section R307-300 Series submitted by the UDAQ on February 2, 2012, May 9, 2013, May 20, 2014, September 8, 2015, and March 8, 2016, are intended to strengthen the SIP and to serve as RACM for certain area sources for the Utah PM2.5 SIP. Therefore, CAA section 110(l) requirements are satisfied.

    VI. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the UDAQ rules promulgated in the DAR, R307-300 Series as discussed in section III of this preamble. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 8 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information).

    VII. Statutory and Executive Order Reviews

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

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

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

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

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

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

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

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

    • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and

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

    In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian Country, the proposed rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

    List of Subjects in 40 CFR Part 52

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

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: August 5, 2016. Debra H. Thomas, Acting Regional Administrator, Region 8.
    [FR Doc. 2016-19775 Filed 8-17-16; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 4, 9, and 20 [WT Docket No. 16-240; FCC 16-95] Harmonizing and Streamlining Rules Concerning Requirements for Licensees to Overcome a CMRS Presumption AGENCY:

    Federal Communications Commission.

    ACTION:

    Proposed rule.

    SUMMARY:

    In this document, the Federal Communications Commission (Commission or FCC) proposes and seeks comment on revising the Commission's rules governing commercial mobile radio services. We propose to end the presumption contained in the Commission's rules that all applicants and licensees in the services identified in that section intend to license their facilities as commercial mobile radio service (“CMRS”) operations by eliminating that section and making related rule changes.

    DATES:

    Submit comments on or before October 17, 2016 and reply comments on or before November 16, 2016.

    ADDRESSES:

    You may submit comments, identified by WT Docket No. 16-240, by any of the following methods:

    Federal Communications Commission's Web site: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting comments.

    Mail: All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th Street SW., Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington, DC 20554.

    People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: [email protected] or phone: 202-418-0530 or TTY: 202-418-0432.

    For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    Wilbert E. Nixon Jr., [email protected], Mobility Division, Wireless Telecommunications Bureau, (202) 418-0985, or TTY (202) 418-7233.

    SUPPLEMENTARY INFORMATION:

    This is a summary of the Commission's Notice of Proposed Rulemaking (NPRM) in WT Docket No. 16-240, FCC 16-95, adopted July 27, 2016, and released July 28, 2016. The full text of this document is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street SW., Washington, DC 20554. The complete text may be purchased from the Commission's copy contractor, Best Copy and Printing, Inc., 445 12th Street SW., Room CY-B402, Washington, DC 20554, (202) 488-5300, facsimile (202) 488-5563, or via email at [email protected] The full text may also be downloaded at: http://transition.fcc.gov/Daily_Releases/Daily_Business/2016/db0728/FCC-16-95A1.pdf. Alternative formats are available to persons with disabilities by sending an email to [email protected] or by calling the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).

    Comment Filing Instructions

    Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415 and 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (“ECFS”). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121, May 1, 1998.

    Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.

    Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing.

    Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

    • All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th Street SW., Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building.

    • Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

    • U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington DC 20554.

    People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

    Synopsis I. Introduction A. Proposal To Revise Part 20 and Make Related Changes

    1. In this document, the Commission proposes amendments to the Part 20 rules to update, streamline, and modernize them, including harmonizing the regulatory treatment of the various mobile radio services with regard to how applicants must report the regulatory classification of their facilities and easing spectrum acquisition in the secondary market consistent with suggestions received as part of the Commission's process reform efforts. Specifically, we tentatively conclude that eliminating the CMRS presumption for those operators of services currently identified in section 20.9 would streamline application preparation and processing, and promote comparable treatment of wireless applicants and licensees. Under the proposed elimination of section 20.9 contained in this NPRM, applicants and licensees could simply inform the Commission in initial, modification, or assignment applications of their regulatory status. We seek comment on our tentative conclusions, as well as the costs and benefits of our proposed approach.

    2. This proposed approach would shorten the period for processing of a number of applications, as well as eliminate the obligation of certain licensees and applicants in the services specified in section 20.9 to make a showing, even if brief, regarding their intent to operate on a non-common carrier or private basis. We tentatively conclude that shortening the period for application processing as well as lightening the regulatory burden currently imposed on licensees and applicants that apply to operate as non-CMRS providers in the services listed in section 20.9 will lead to more efficient and timely use of the licensed spectrum, without imposing any more regulatory burdens than those necessary for the Commission to oversee spectrum usage. We seek comment on this tentative conclusion.

    3. In addition, we believe that the proposed elimination of section 20.9 would help to eliminate uneven and disparate regulation of wireless applicants and licensees. As we discussed above, the regulatory filing requirements and potential lengthening of the application processing period imposed by section 20.9 on licensees and applicants desiring to use spectrum identified in this rule section on a non-CMRS basis are not imposed uniformly on all spectrum and services, particularly when compared with those services for which service rules have been adopted in recent years by the Commission. We tentatively conclude that the public interest would be served by treating similarly situated entities on a more equitable, comparable basis.

    4. The Commission, in adopting section 20.9, conducted an extensive review of the Omnibus Budget Reconciliation Act of 1993, Public Law 103-66, Title VI, section 6002(b) (“1993 OBRA”), amending the Communications Act of 1934 and codified at 47 U.S.C. 332(c), its legislative history, and developments in regulation of wireless services. The Commission noted that Congress “replaced the common carrier and private radio definitions that evolved under the prior version of Section 332 of the Act with two newly defined categories of mobile services: Commercial mobile radio service (CMRS) and private mobile radio service (PMRS),” and “replaced traditional regulation of mobile services with an approach that brings all mobile service providers under a comprehensive, consistent regulatory framework and gives the Commission flexibility to establish appropriate levels of regulation for mobile radio services providers.” Two Congressional objectives appeared to drive these statutory changes: (1) “To ensure that similar [mobile] services would be subject to consistent regulatory classification[;]” and (2) to “establish[ ] and administer[ ] for CMRS providers” “an appropriate level of regulation.”

    5. The Commission also noted that Congress was concerned with the “disparate regulatory treatment” that had evolved across services, observing that Congress's intent that the Commission establish consistent regulations was reflected in the statutory requirement that any service that amounted to a “functional equivalent” of CMRS be treated as CMRS even if the service did not fit the strict definition of that service. At the same time, the Commission “anticipat[ed] that very few mobile services that do not meet the definition of CMRS will be a close substitute for a [CMRS].” The Commission therefore decided to “presume that a mobile service that does not meet the definition of CMRS is a [PMRS].” To rebut the presumption, a challenger to a PMRS claim was required to follow the method and meet the criteria that the Commission prescribed for demonstrating that the carrier claiming PMRS status was actually providing the functional equivalent of CMRS. Section 20.9(a)(14) memorializes this presumption and the criteria for the showing that someone challenging the presumption would need to make to overcome it (i.e., to demonstrate that an applicant purporting to offer PMRS is actually offering services that are the functional equivalent of CMRS and thus warrants the corresponding level of regulation). This rebuttable presumption has served as a reasonable mechanism for classifying a service as PMRS or CMRS for filing purposes, consistent with the statutory definitions. It does not, however, constitute the only approach for identifying whether a provider's proposed or existing service should be classified one way or another, and changes may now be warranted based on the development of CMRS and PMRS services and our experience with the application of the presumption, such as how parties have used it, how often and how successfully it has been challenged, and whether it tends to streamline the licensing processes or encumber them.

    6. As discussed above, the substantial changes that have occurred in the wireless industry since the rule's adoption suggest that it is now an appropriate time to reexamine the need for the presumption, and this NPRM seeks comment on its continued use and on other possible approaches. There has been increasing demand for PMRS use of spectrum and other rule changes permitting more flexible uses of spectrum in ways that section 20.9 does not encourage (i.e., by requiring the filing of a waiver). We observe that the section 20.9 construct, which treats certain mobile services differently depending upon where they fall in our rules, can result in application processing inefficiencies and delays for the affected services. Given changed circumstances since the Commission adopted section 20.9, we tentatively conclude that eliminating the rule would help to further Congressional intent that the Commission avoid “disparate regulatory treatment” across mobile radio services.

    7. We also observe that section 20.3 of the rules defines “commercial mobile radio service” to include a mobile service that is “[t]he functional equivalent of a mobile service described in paragraph (a) of this section, including a mobile broadband Internet access service as defined in section 8.2 of this chapter.” We therefore believe that section 20.3 of the rules, either in its current form or as we propose below to modify it, and in combination with other Commission rules and processes, helps ensure that the Commission will continue to treat as CMRS any service that amounts to a “functional equivalent” of CMRS. We anticipate that the combined effect of our proposals to eliminate section 20.9 of the rules and rely on the CMRS definition in section 20.3 will continue to treat services operating as functionally equivalent to CMRS in the same way as we treat CMRS, while eliminating minor processing differences across types of wireless applications.

    8. We seek comment on these proposals, including other ways to overcome the processing inefficiencies discussed above. For example, would amending section 20.9 help to address these concerns more effectively than eliminating the rule in its entirety? We seek comments on such alternatives, if any, as well as their costs and benefits.

    9. We note that the elimination of one subsection of section 20.9 was recently endorsed by commenters responding to the Wireless Telecommunications Bureau's Public Notice regarding the applicability of paging and radiotelephone rules and soliciting comment on the need for technical flexibility. For example, the Land Mobile Communications Council stressed that eliminating section 20.9(a)(6) would be consistent with the eligibility standard now reflected in section 22.7 and “would eliminate an unnecessary burden on applicants and the FCC staff.” Both the BloostonLaw Licensees and Nebraska Public Power District agreed that section 20.9(a)(6) should be eliminated. We believe that the reasons used to support arguments in favor of the elimination of section 20.9(a)(6) apply to removal of section 20.9 in its entirety and seek comment on this view.

    10. Regardless of what action we take regarding our proposal to eliminate section 20.9, we tentatively conclude that we should make a technical corrective edit to section 9.3 of the Commission's rules which includes definitions to be used in connection with the provision of interconnected Voice over Internet Protocol services. Specifically, section 9.3 defines “CMRS” as “Commercial Mobile Radio Service, as defined in section 20.9 of this chapter.” We propose that this definition refer instead to section 20.3, which is the definition section for Part 20 and includes a definition of “commercial mobile radio service.”

    11. We also find that a corrective edit to section 4.3(f) of our rules is appropriate, whether or not we adopt the proposal to eliminate section 20.9. Section 4.3(f), which defines “wireless service providers” subject to outage reporting requirements, includes a cross-reference to section 20.9 for a definition of “commercial mobile radio service.” As discussed above with respect to section 9.3, we propose instead that the definition in this section refer to the definition of “commercial mobile radio service” in section 20.3.

    12. We also propose to eliminate section 20.7, which includes a list of services defined as falling within the definition of “mobile services” as used in sections 3(n) and 332 of the Communications Act. As with section 20.9, in light of the mobile services created since the Commission adopted this rule, section 20.7 is under-inclusive insofar as it does not include all the services that in fact are “mobile services” under the statutory language. Eliminating section 20.7 would not change the definition of “mobile service” contained in section 20.3, the Definitions section of Part 20. We tentatively conclude that section 20.7 no longer appears to serve a useful purpose, and we seek comment on that tentative conclusion and our proposal to eliminate this section.

    13. As we noted above, section 20.3 defines the term “commercial mobile radio service,” and includes as part of that definition a mobile service that is “[t]he functional equivalent of a mobile service described in paragraph (a) of this section.” Section 20.9(a)(14), which would be deleted if we were to eliminate section 20.9 in its entirety, enumerates some of the factors that the Commission may consider in determining whether a mobile service is the functional equivalent of a commercial mobile radio service in cases where the service otherwise does not meet the definition of CMRS and the resulting presumptive classification of the service as PMRS has been challenged. In this regard, section 20.9(a)(14) lays out the process for making such a challenge—i.e., a challenger may attempt to defeat this presumptive classification by filing a petition for declaratory ruling challenging a mobile service provider's regulatory treatment as a private mobile radio service. We ask interested parties to comment on whether retaining section 20.9(a)(14), or any of its subsections, would be useful to maintain as a practical and procedural set of guidelines for both the providers of mobile services and the Commission when applying the definitions of CMRS and PMRS, and whether we should move this language to section 20.3, as a subsection under the definition of commercial mobile radio service, or to another section in part 20.

    14. We tentatively conclude that nothing in the proposed elimination of sections 20.7 or 20.9 would affect the definition of “commercial mobile radio service” contained in section 20.3 of our rules or the obligations imposed on providers of commercial mobile radio services. Indeed, we wish to reiterate that we do not intend to change either any substantive CMRS regulatory policies with our proposal or other substantive policies pursuant to existing Commission rules affecting the licensees in the services that an amended section 20.3 would address. Rather, our proposal in this rulemaking regarding section 20.9 is narrow and we intend for it to eliminate an unnecessary burden upon certain licensees and applicants in services named in that section. There would be no change in the obligations imposed upon entities providing commercial or private mobile radio service. In this regard, we observe that we have the necessary authority, independent of the requirements of section 20.9, to take enforcement action against a licensee that intentionally tries to avoid CMRS regulation by misrepresenting that its service is or will be operated on a “non-common carrier” or “private” basis (e.g., by selecting such status in an application filed with the Commission), when its service offering in fact falls within the CMRS definition and warrants being subject to the appropriate regulations as a result of that status. We also observe that even if we eliminate the section 20.9(a)(14) PMRS presumption for providers whose service does not meet the strict CMRS definition, potential challengers would continue to have avenues available to challenge an applicant's or licensee's designation of its service as “non-common carrier” or “private,” (e.g., by filing a pleading challenging an application or its grant, based on the charge that the applicant's claimed regulatory status was incorrect). Similarly, although those that might seek to challenge an application filed under section 20.9(b) of the rules might lose the 30-day notice period currently afforded by public notice, other avenues to challenge such applications would remain available. We request comment on our tentative conclusions.

    15. Section 20.9(a)(10) includes certain mobile satellite services and section 20.9(a)(13) includes certain FM subcarrier communications within the definition of “commercial mobile radio service.” At this time, we see no reason not to treat these services the same as the other services identified in section 20.9, but we seek comment on any potential impact.

    16. We request comment on the necessary changes we need to make to our forms. For example, at present, Form 603 does not include the option for a proposed assignee/transferee to indicate a different regulatory status for a license that is the subject of a proposed transaction. We believe that, if we adopt revised rules as proposed above, we also will need to revise Form 603 to permit a proposed assignee or transferee to indicate a change in regulatory status.

    17. In connection with revising our forms consistent with whatever action we take in this proceeding, at present, many of our forms provide the option of selecting one of the following statuses: “common carrier;” “non-common carrier;” or “private, internal communications.” The existing terms derive from past usage about categories of mobile wireless operations. We seek comment on whether we should replace these existing regulatory status terms in the forms to reflect the CMRS/PMRS terminology. We note that both CMRS and PMRS are defined terms in section 20.3, and are terms consistent with section 332 of the Communications Act. We tentatively conclude that using the existing terms of “common carrier,” “non-common carrier,” and “private, internal communications” tend to be confusing and that usage of the terms “CMRS” and “PMRS” with accompanying definitions in the form instructions would reflect more accurately the rules and statutory provisions on which the forms are based and thus be easier to understand. We seek comment on this tentative conclusion.

    B. Initial Regulatory Flexibility Certification

    18. The Regulatory Flexibility Act (RFA) requires that an agency prepare a regulatory flexibility analysis for notice-and-comment rulemaking proceedings, unless the agency certifies that “the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.” The RFA generally defines “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction.” In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act. A “small business concern” is one that: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA).

    19. In this NPRM, we seek comment on proposals to streamline and harmonize our requirements for wireless licensees and applicants. We address a proposal to revise the Commission's Part 20 rules governing commercial mobile radio services. We propose to end the presumption contained in section 20.9 of the Commission's rules that all applicants and licensees in the services identified in that section intend to license their facilities as commercial mobile radio service (“CMRS”) operations by eliminating that section and making related rule changes. In addition, we propose to simplify the process by which an applicant or license in the affected services indicates its regulatory status in the relevant application forms.

    20. We initiate this proceeding as a part of the Commission's process reform initiative and to update and modernize our Part 20 and related wireless service rules. These proposed revisions to part 20 are intended to eliminate the burden on applicants and licensees—including small entities—that desire to operate on a non-CMRS basis of having to overcome the presumption that their service offerings are CMRS.

    21. The closest estimate of the number of small businesses that may potentially be affected by our proposed rule changes is the SBA's “Wireless Telecommunications Carriers (except Satellite)” category. This industry comprises establishments engaged in operating and maintaining switching and transmission facilities to provide communications via airwaves. Establishments in this industry have spectrum licenses and provide services using spectrum, such as wireless phone services, paging services, wireless Internet access, and wireless video services—which are the types of services provided by the different types of licensees listed in section 20.9 of the Commission's rules. For this category, a business is considered small if it has 1,500 or fewer employees. For this category, census data for 2007 show that were 1,383 firms that operated for the entire year. Of this total, 1,368 firms had 999 or fewer employees and 15 had 1,000 or more. Thus, under this category and the associated small business size standard, the Commission estimates that the majority of wireless telecommunications carriers (except satellite) are small entities that may be affected by our proposed action. We note that using this category to estimate the number of small entities potentially affected by our proposed action likely overstates the number of entities (small or otherwise) that in fact might be affected by our proposed rule changes since there are some entities falling in the wireless telecommunications carriers (except satellite) carrier that have no operations potentially affected by any of the changes we propose to make to part 20.

    22. We have determined that the impact on the entities affect by the proposed rule changes will not be significant. The most significant effect of the proposed rule change is to allow the affected entities, including small entities, greater flexibility in choosing their regulatory status as common carrier/CMRS or non-common carrier/private/PMRS and to reduce regulatory delays in the processing of applications that would implement such choices. We expect the impact of the proposed amendments to be a reduction in processing time regarding applications related to the entity's preferred regulatory status. We believe that this reduction in processing time and also perhaps in paperwork will be minimal but beneficial to all affected entities, including small businesses.

    23. The Commission therefore certifies, pursuant to the RFA, that the proposals in this NPRM, if adopted, will not have a significant economic impact on a substantial number of small entities. If commenters believe that the proposals discussed in the NPRM require additional RFA analysis, they should include a discussion of these issues in their comments and additionally label them as RFA comments. The Commission will send a copy of the NPRM, including a copy of this initial certification, to the Chief Counsel for Advocacy of the SBA. In addition, a copy of the NPRM and this initial certification will be published in the Federal Register.

    II. Procedural Matters A. Ex Parte Presentations

    24. Permit-But-Disclose. The proceeding this NPRM initiates shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules. Persons making presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda, or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system (“ECFS”) available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules.

    B. Filing Requirements

    25. Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

    Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.

    Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing.

    Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

    • All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building.

    • Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

    • U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington DC 20554.

    People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

    III. Initial Regulatory Flexibility Certification

    26. The Regulatory Flexibility Act of 1980 (RFA) requires that an agency prepare a regulatory flexibility analysis for notice and comment rulemakings, unless the agency certifies that “the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.” Accordingly, we have prepared an Initial Regulatory Flexibility Certification (“IRFC”) of the possible significant economic impact on small entities of the policies and rules proposed in this NPRM. The certification is found in the Appendix. We request written public comment on the certification. Comments must be filed in accordance with the same deadlines as comments filed in response to the NPRM, and must have a separate and distinct heading designating them as responses to the IRFC. The Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, will send a copy of this NPRM, including the IRFC, to the Chief Counsel for Advocacy of the Small Business Administration.

    IV. Paperwork Reduction Analysis

    27. This document contains proposed new and modified information collection requirements. The Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and the Office of Management and Budget (OMB) to comment on the information collection requirements contained in this document, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment on how we might further reduce the information collection burden for small business concerns with fewer than 25 employees.

    28. Availability of Documents. Comments, reply comments, and ex parte submissions will be publically available online via ECFS. These documents will also be available for public inspection during regular business hours in the FCC Reference Information Center, which is located in Room CY-A257 at FCC Headquarters, 445 12th Street SW., Washington, DC 20554. The Reference Information Center is open to the public Monday through Thursday from 8:00 a.m. to 4:30 p.m. and Friday from 8:00 a.m. to 11:30 a.m.

    List of Subjects 47 CFR Part 4

    Disruptions to communications, Reporting requirements.

    47 CFR Part 9

    Interconnected voice over internet protocol services, Definitions.

    47 CFR Part 20

    Commercial mobile services, Mobile services and Commercial mobile radio services.

    Federal Communications Commission. Marlene H. Dortch, Secretary. Proposed Rules

    For the reasons discussed in the preamble, the Federal Communications Commission propose to amend 47 CFR parts 4, 9, and 20 as follows:

    PART 4—DISRUPTIONS TO COMMUNICATIONS 1. The authority citation of part 4 continues to read as follows: Authority:

    Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 154, 155, 201, 251, 307, 316, 615a-1, 1302(a), and 1302(b) unless otherwise noted.

    2. Section 4.3 is amended by revising paragraph (f) to read as follows:

    (f) Wireless service providers include Commercial Mobile Radio Service communications providers that use cellular architecture and CMRS paging providers. See § 20.3 of this chapter for the definition of Commercial Mobile Radio Service. Also included are affiliated and non-affiliated entities that maintain or provide communications networks or services used by the provider in offering such communications.

    PART 9—INTERCONNECTED VOICE OVER INTERNET PROTOCOL SERVICES 3. The authority citation of part 9 continues to read as follows: Authority:

    47 U.S.C. 151, 154(i)-(j), 251(e), 303(r), and 615a-1 unless otherwise noted.

    4. Section 9.3 is amended by revising the definition of “CMRS” to read as follows:

    CMRS. Commercial Mobile Radio Services, as defined in § 20.3 of this chapter.

    PART 20—COMMERCIAL MOBILE SERVICES 5. The authority citation of part 20 continues to read as follows: Authority:

    47 U.S.C. 151, 152(a), 154(i), 157, 160, 201, 214, 222, 251(e), 301, 302, 303, 303(b), 303(r), 307, 307(a), 309, 309(j)(3), 316, 316(a), 332, 615, 615a, 615b, and 615c unless otherwise noted.

    §§ 20.7 and 20.9 [Removed].
    6. Remove §§ 20.7 and 20.9.
    [FR Doc. 2016-19564 Filed 8-17-16; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WC Docket Nos. 10-90, 14-58, 14-259; Report No. 3050] Petitions for Reconsideration and Clarification of Action in Rulemaking Proceeding AGENCY:

    Federal Communications Commission.

    ACTION:

    Petitions for reconsideration and clarification.

    SUMMARY:

    Petitions for Reconsideration and Clarification (Petitions) have been filed in the Commission's rulemaking proceeding by Joseph DuFresne, on behalf of Broad Valley Micro Fiber Networks, Inc.; Stephen L. Goodman, on behalf of ADTRAN, Inc.; Matthew Crocker, on behalf of Crocker Telecommunications, LLC; Tamara L. Preiss, on behalf of Verizon; Wayne Hawley, on behalf of Southern Tier Wireless, Inc.; Martha A. Duggan and Brett A. Kilbourne, on behalf of National Rural Electric Cooperative Association and Utilities Technology Council; and John P. Janka, on behalf of ViaSat, Inc.

    DATES:

    Oppositions to the Petition must be filed on or before September 2, 2016. Replies to an opposition must be filed on or before September 12, 2016.

    ADDRESSES:

    Federal Communications Commission, 445 12th Street SW., Washington, DC 20554.

    FOR FURTHER INFORMATION CONTACT:

    Heidi Lankau, Wireline Competition Bureau, (202) 418-7400, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    This is a summary of the Commission's document, Report No. 3050, released August 12, 2016. The full text of the Petitions is available for viewing and copying at the FCC Reference Information Center, 445 12th Street SW., Room CY-A257, Washington, DC 20554 or may be accessed online via the Commission's Electronic Comment Filing System at http://apps.fcc.gov/ecfs/. The Commission will not send a copy of the Notice pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A), because the Notice does not have an impact on any rules of particular applicability.

    Subject: Connect America Fund; ETC Annual Reports and Certifications; Rural Broadband Experiments, FCC 16-64, published at 81 FR 44413, July 7, 2016, in WC Docket Nos. 10-90, 14-58, and 14-259. The Notice is being published pursuant to 47 CFR 1.429(e). See also 47 CFR 1.4(b)(1) and 1.429(f), (g).

    Number of Petitions Filed: 7.

    Federal Communications Commission. Marlene H. Dortch, Secretary.
    [FR Doc. 2016-19743 Filed 8-17-16; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WC Docket Nos. 10-90, 14-58 and CC Docket No. 01-92; Report No. 3049] Petition for Reconsideration and Clarification of Action in Rulemaking Proceeding AGENCY:

    Federal Communications Commission.

    ACTION:

    Petition for reconsideration and clarification.

    SUMMARY:

    A Petition for Reconsideration and Clarification (Petition) has been filed in the Commission's rulemaking proceeding by Paul Stark on behalf of Baraga Telephone Company.

    DATES:

    Oppositions to the Petition must be filed on or before September 2, 2016. Replies to an opposition must be filed on or before September 12, 2016.

    ADDRESSES:

    Federal Communications Commission, 445 12th Street SW., Washington, DC 20554.

    FOR FURTHER INFORMATION CONTACT:

    Suzanne Yelen, Wireline Competition Bureau, (202) 418-0626, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    This is a summary of the Commission's document, Report No. 3049, released August 10, 2016. The full text of the Petition is available for viewing and copying at the FCC Reference Information Center, 445 12th Street SW., Room CY-A257, Washington, DC 20554 or may be accessed online via the Commission's Electronic Comment Filing System at http://apps.fcc.gov/ecfs/. The Commission will not send a copy of this Notice pursuant to the Congressional Review Act, 5 U.S.C. 801(a)(1)(A), because this Notice does not have an impact on any rules of particular applicability.

    Subject: Connect America Fund; ETC Annual Reports and Certifications; Developing a Unified Intercarrier Compensation Regime, FCC 16-33, published at 81 FR 24282, April 25, 2016, in WC Docket Nos. 10-90 and 14-58; CC Docket No. 01-92. This Notice is being published pursuant to 47 CFR 1.429(e). See also 47 CFR 1.4(b)(1) and 1.429(f), (g).

    Number of Petitions Filed: 1.

    Federal Communications Commission. Marlene H. Dortch, Secretary.
    [FR Doc. 2016-19739 Filed 8-17-16; 8:45 am] BILLING CODE 6712-01-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 160615524-6524-01] RIN 0648-BG13 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Scup Fishery; Framework Adjustment 9 AGENCY:

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

    ACTION:

    Proposed rule; request for comments.

    SUMMARY:

    This action proposes modifications to the Southern Scup Gear Restricted Area, as recommended by the Mid-Atlantic Fishery Management Council. The proposed changes would modify the southern and eastern boundaries of the Southern Scup Gear Restricted Area, which is in effect from January 1 through March 15 of each year. This rule is intended to increase access to traditional squid fishing areas, while maintaining protection for juvenile scup.

    DATES:

    Comments must be received by September 19, 2016.

    ADDRESSES:

    You may submit comments, identified by NOAA-NMFS-2016-0102, by either of the following methods:

    Electronic Submission: Submit all electronic public comments via the Federal eRulemaking Portal.

    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0102;

    2. Click the “Comment Now!” icon and complete the required fields; and

    3. Enter or attach your comments.

    Mail: Submit written comments to John K. Bullard, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope, “Comments on the Scup GRA Framework.”

    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 us. 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. We will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).

    Copies of the Scup Gear Restricted Area Modification Framework, including the draft Environmental Assessment, the Regulatory Impact Review, and the Regulatory Flexibility Act Analysis prepared by the Mid-Atlantic Fishery Management Council in support of this action are available from Dr. Christopher Moore, Executive Director, Mid-Atlantic Fishery Management Council, 800 North State Street, Suite 201, Dover, DE 19901. The supporting documents are also accessible via the Internet at: http://www.mafmc.org/actions/scup-gear-restricted-areas-framework or http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/scup/index.html.

    FOR FURTHER INFORMATION CONTACT:

    Moira Kelly, Fishery Program Specialist, phone: 978-281-9218; email: [email protected]

    SUPPLEMENTARY INFORMATION: Background

    Scup (Stenotomus chrysops) is managed jointly by the Mid-Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission through the Summer Flounder, Scup, Black Sea Bass Fishery Management Plan (FMP). The management unit specified in the FMP for scup is U.S. waters of the Atlantic Ocean from 35°13.3′ N. lat. (the latitude of Cape Hatteras Lighthouse, Buxton, NC) northward to the U.S./Canada border. Currently, the scup stock is not overfished and it is not experiencing overfishing.

    When scup was overfished prior to 2009, the Council and NMFS determined that juvenile scup mortality in small-mesh fisheries (i.e., those fisheries using mesh smaller than the minimum size specified in the scup regulations) was highly problematic. Two seasonal Gear Restricted Areas (GRAs) were implemented to prohibit vessels fishing for squid, black sea bass, or silver hake (also known as whiting) from using mesh smaller than the 5.0-inch (12.7-cm) minimum scup mesh size in the areas during certain times of year. The GRAs were implemented in 2000 (May 24, 2000, 65 FR 33486) and modified several times (December 27, 2000, 65 FR 81761; March 1, 2001, 66 FR 12902; January 2, 2003, 68 FR 60; January 4, 2005, 70 FR 303) between 2000 and 2005. Details on the changes to the GRAs are described in those actions and are not repeated here. Most often the changes were enacted to accommodate access for one of the regulated small-mesh fisheries, while still maintaining an effective level of protection for juvenile scup. The GRAs in their current forms have been in effect since 2003 (Northern GRA) and 2005 (Southern GRA). Scup has been considered rebuilt since 2009, and is currently estimated to be approximately 210 percent of the biomass target, although it has begun to decline in recent years. Research by the Northeast Fisheries Science Center suggests that minimizing juvenile mortality in the GRAs likely contributed to the recovery and expansion of the scup population.

    Like the prior modifications, the Council began considering modifying the GRAs in early 2014 in response to requests from the squid fishery to increase access to historic fishing grounds during the seasons in which the GRAs are in effect. Because of the spatial overlap of several of the alternatives in the Council's Deep-Sea Coral Amendment (http://www.mafmc.org/actions/msb-am16), the Council postponed development of the Scup GRA framework until action on the Coral Amendment had been completed. The Council took final action on the Deep-Sea Coral Amendment in June 2015, and the action is currently under review at NMFS.

    The Council initially considered modifications to the boundaries and seasons of both GRAs, but ultimately determined that the only changes warranted at this time were to the southern and eastern boundaries of the Southern GRA. The Council considered several variations of the Southern GRA boundary and determined that the proposed measure best balanced the needs of the squid fishery and the protective value of the Southern GRA for juvenile scup from January 1-March 15.

    Proposed Modifications

    The proposed change to the Southern GRA would shift the eastern boundary west roughly following the outermost points of the proposed Deep-Sea Coral Protection Areas. The proposal would also remove the southern portions of the GRA that overlap statistical areas 631 and 632. The current (thick outline) and proposed (hatched) Southern GRA are shown in the figure below. The proposed Southern GRA coordinates are provided in the proposed regulatory text.

    EP18AU16.010

    The Council designed the recommended modifications to minimize overlap between the GRA and the recommended discrete deep-sea coral areas. The eastern boundary is intended to restore access to the squid fishery in areas approximately 55 to 60 fathoms (100 to 110 m) and deeper. The shift to the southern boundary north is based on analysis suggesting there are very few scup in statistical areas 631 and 632 from January through March. The Council's proposal would marginally reduce the amount of protection for the scup stock, in return for a modest increase in squid availability. The proposed Southern GRA is smaller than the current one; slightly reducing coverage of the scup estimated to the covered by the GRA. However, analysis shows that this change would result in a modest increase in access for the squid and whiting fisheries and a slight increase in the availability of black sea bass in the GRA from January 1-March 15. It is important to note, however, that the amount of each stock (by weight) currently estimated to be within the GRA during the winter is only a small fraction of the total stock abundance during that same timeframe. As a result, we do not expect the proposed boundary changes to compromise the scup stock or result in overfishing for squid, black sea bass, or whiting.

    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 Summer Flounder, Scup, and Black Sea Bass FMP, other provisions of 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.

    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.

    The Council conducted an evaluation of the potential socioeconomic impacts of the proposed measures in conjunction with an Environmental Assessment. There were 64 federally permitted squid, whiting, and black sea bass vessels fishing with small-mesh from January 1-March 15 in the statistical areas covered by the GRA for the past three years. These are the vessels likely to be affected by this action. For RFA purposes only, NMFS has established a small business size standard for businesses, including their affiliates, whose primary industry is commercial fishing (see 50 CFR 200.2). 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. Of those 64 vessels, 61 are considered “small” by the NMFS size standards, and three are considered “large.” The proposed measure would modify the boundaries of the Southern Scup GRA and is intended to increase access to the squid, whiting, and black sea bass fisheries. The boundary changes were designed to maintain a high level of discard mortality protection for the scup fishery, while increasing opportunity, and therefore revenue, for the small-mesh fishery targeting squid, whiting, and black sea bass. The changes are not expected to result in excessive increases in mortality for any species. As a result, economic impact of this action is expected to be slightly positive for all of the affected vessels in those fisheries.

    Because this rule will not have a significant economic impact on a substantial number of small entities, an initial regulatory flexibility analysis is not required and none has been prepared.

    There are no new reporting or recordkeeping requirements contained in any of the alternatives considered for this action.

    List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: August 12, 2016. Paul Doremus, Deputy Assistant Administrator for Operations, National Marine Fisheries Service.

    For the reasons stated in the preamble, 50 CFR part 648 is proposed to be amended as follows:

    PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: Authority:

    16 U.S.C. 1801 et seq.

    2. In § 648.124, revise paragraph (a)(1) to read as follows:
    § 648.124 Scup commercial season and commercial fishery area restrictions.

    (a) Southern Gear Restricted Area—(1) Restrictions. From January 1 through March 15, all trawl vessels in the Southern Gear Restricted Area that fish for or possess non-exempt species as specified in paragraph (a)(2) of this section must fish with nets that have a minimum mesh size of 5.0-inch (12.7-cm) diamond mesh, applied throughout the codend for at least 75 continuous meshes forward of the terminus of the net. For trawl nets with codends (including an extension) of fewer than 75 meshes, the entire trawl net must have a minimum mesh size of 5.0 inches (12.7 cm) throughout the net. The Southern Gear Restricted Area is an area bounded by straight lines connecting the following points in the order stated (copies of a chart depicting the area are available from the Regional Administrator upon request):

    Southern Gear Restricted Area Point N. lat. W. long. SGA1 39.333333 −72.616667 SGA2 39.073019 −72.786958 SGA3 38.496545 −73.467370 SGA4 38.477560 −73.489477 SGA5 38.495300 −73.510888 SGA6 38.438654 −73.557363 SGA7 38.219230 −73.829500 SGA8 38.229019 −73.845524 SGA9 38.199688 −73.877487 SGA10 37.492224 −74.499182 SGA11 37.490513 −74.504757 SGA12 37.476656 −74.510019 SGA13 37.116111 −74.680000 SGA14 37.097222 −74.759444 SGA15 37.073889 −74.683889 SGA16 37.057931 −74.672732 SGA17 37.000000 −74.716667 SGA18 37.000000 −75.050000 SGA19 38.000000 −74.383333 SGA20 39.333333 −72.883333 SGA1 39.333333 −72.616667
    [FR Doc. 2016-19702 Filed 8-17-16; 8:45 am] BILLING CODE 3510-22-P
    81 160 Thursday, August 18, 2016 Notices DEPARTMENT OF AGRICULTURE Office of the Under Secretary, Research, Education, and Economics; Notice of the Advisory Committee on Biotechnology and 21st Century Agriculture Meeting AGENCY:

    Agricultural Research Service, USDA.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    Pursuant to the Federal Advisory Committee Act, 5 U.S.C. App. 2, the United States Department of Agriculture announces a meeting of the Advisory Committee on Biotechnology and 21st Century Agriculture (AC21). The committee is being convened to complete all substantive work on a report to USDA related to the promotion of coexistence efforts among farmers at the local level.

    DATES:

    The meeting will be held on Thursday-Friday, September 8-9, 2016, 8:30 a.m. to 5:00 p.m. each day. This meeting is open to the public. On September 8, 2016, if time permits, reasonable provision will be made for oral presentations of no more than five minutes each in duration, starting at 3:30 p.m. Members of the public who wish to make oral statements should also inform Dr. Schechtman in writing or via Email at the indicated addresses below at least three business days before the meeting.

    ADDRESSES:

    U.S. Access Board Conference Room, 1331 F Street NW., Suite 800, Washington, DC 20004.

    FOR FURTHER INFORMATION CONTACT:

    General information about the committee can also be found at http://www.usda.gov/wps/portal/usda/usdahome?navid=BIOTECH_AC21&navtype=RT&parentnav=BIOTECH. However, Michael Schechtman, Designated Federal Official, Office of the Deputy Secretary, USDA, 202B Jamie L. Whitten Federal Building, 12th and Independence Avenue SW., Washington, DC 20250; Telephone (202) 720-3817; Fax (202) 690-4265; Email [email protected] may be contacted for specific questions about the committee or this meeting.

    SUPPLEMENTARY INFORMATION:

    The AC21 has been established to provide information and advice to the Secretary of Agriculture on the broad array of issues related to the expanding dimensions and importance of agricultural biotechnology. The committee is charged with examining the long-term impacts of biotechnology on the U.S. food and agriculture system and USDA, and providing guidance to USDA on pressing individual issues, identified by the Office of the Secretary, related to the application of biotechnology in agriculture. In recent years, the work of the AC21 has centered on the issue of coexistence among different types of agricultural production systems. The AC21 consists of members representing the biotechnology industry, the organic food industry, farming communities, the seed industry, food manufacturers, state government, consumer and community development groups, as well as academic researchers and a medical doctor. In addition, representatives from the Department of Commerce, the Department of Health and Human Services, the Environmental Protection Agency, the Council on Environmental Quality, and the Office of the United States Trade Representative serve as “ex officio” members.

    In its last report, issued on November 17, 2012, entitled “Enhancing Coexistence: A Report to the Secretary of Agriculture,” and available on the Web site listed below, the AC21 offered a diverse package of recommendations, among which was a recommendation that “. . . USDA should facilitate development of joint coexistence plans by neighboring farmers,” and that in a pilot program, USDA should, among other things, offer incentives for the development of such plans.

    At its meeting on December 14-15, 2015, USDA offered a specific new charge to the AC21 building on its previous work. Recognizing that USDA currently lacks the legal authority to offer any such incentives, the committee has been charged with considering the following two questions: Is there an approach by which farmers could be encouraged to work with their neighbors to develop joint coexistence plans at the State or local level? If so, how might the Federal government assist in that process?

    At the AC21's two most recent meetings, on March 14-15, 2016 and June 13-14, 2016, AC21 members reached a general agreement on the main elements of the upcoming report and made substantial progress in defining the content of its next report. The report is to include, among other things, a model for convening coexistence discussions at the local level as well as guidance for farmers around the production of identity-preserved crops. The objective for this meeting is to complete all substantive work on the report to USDA.

    Background information regarding the work and membership of the AC21 is available on the USDA Web site at http://www.usda.gov/wps/portal/usda/usdahome?contentid=AC21Main.xml&contentidonly=true. A copy of the draft AC21 report under consideration will be made available on that Web site at least 10 days prior to the meeting.

    Register for the Meeting: The public is asked to pre-register for the meeting at least 8 business days prior to the meeting. Your pre-registration must state: The names of each person in your group; organization or interest represented; the number of people planning to give oral comments, if any; and whether anyone in your group requires special accommodations. Submit registrations to Ms. Dianne Fowler at (202) 720-4074 or by Email at [email protected] by August 26, 2016. The Agricultural Research Service will also accept walk-in registrations. Members of the public who request to give oral comments to the Committee, must arrive by 8:45 a.m. on September 8, 2016 and will be given their allotted time limit and turn at the check-in table.

    Public Comments: Written public comments may be mailed to Michael Schechtman, Designated Federal Official, Office of the Deputy Secretary, USDA, 202B Jamie L. Whitten Federal Building, 12th and Independence Avenue SW., Washington, DC 20250; via fax to (202) 690-4265 or email to [email protected] All written comments must arrive by September 1, 2016. Oral comments are also accepted. To request to give oral comments, see instructions under `Register for the Meeting' above.

    Availability of Materials for the Meeting: All written public comments will be compiled into a binder and available for review at the meeting. Duplicate comments from multiple individuals will appear as one comment, with a notation that multiple copies of the comment were received. Please visit the Web site listed above to learn more about the agenda for or reports resulting from this meeting.

    Meeting Accommodations: The meeting will be open to the public, but space is limited. USDA is committed to ensuring that all employees are included in our work environment, programs and events. If you are a person with a disability and request reasonable accommodations to participate in this meeting, please note the request in your registration. All reasonable accommodation requests are managed on a case by case basis.

    Issued at Washington, DC, August 11, 2016. Catherine E. Woteki, Under Secretary, Research, Education and Economics.
    [FR Doc. 2016-19720 Filed 8-17-16; 8:45 am] BILLING CODE 3410-03-P
    DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2016-0056] Secretary's Advisory Committee on Animal Health; Meeting AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Notice of meeting.

    SUMMARY:

    This is a notice to inform the public of an upcoming meeting of the Secretary's Advisory Committee on Animal Health. The meeting is being organized by the Animal and Plant Health Inspection Service to discuss matters of animal health.

    DATES:

    The meeting will be held on September 7 and 8, 2016, from 9 a.m. to 5 p.m. each day.

    ADDRESSES:

    The meeting will be held in the Williamsburg, Room 104-A of the USDA Headquarters, 1400 Independence Avenue SW., Washington DC 20050.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Diane Sutton, Designated Federal Officer, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737; phone (301) 851-3509, email [email protected]

    SUPPLEMENTARY INFORMATION:

    The Secretary's Advisory Committee on Animal Health (the Committee) advises the Secretary of Agriculture on matters of animal health, including means to prevent, conduct surveillance on, monitor, control, or eradicate animal diseases of national importance. In doing so, the Committee will consider public health, conservation of natural resources, and the stability of livestock economies.

    Tentative topics for discussion at the meeting include:

    • Human infections with Salmonella associated with contact with live poultry;

    • Emerging diseases implementation guide;

    • Emerging disease response;

    • Comprehensive integrated animal health surveillance;

    • VS stakeholder engagement;

    • Foot and mouth disease vaccine availability;

    • National bio and agro-defense facility update and request for input on process for identifying stakeholder priorities;

    • How to maximize effectiveness of the committee; and

    • Potential agenda items for the 2016-2018 committee term.

    A final agenda will be posted on the Committee Web site.

    Those wishing to attend the meeting in person must complete a brief registration form by clicking on the “SACAH Meeting Sign-Up” button on the Committee's Web site (http://www.aphis.usda.gov/animalhealth/sacah). Members of the public may also join the meeting via teleconference in “listen-only” mode. Participants who wish to listen in on the teleconference may do so by dialing 888-945-5893 and then entering the public passcode 5309315#. Oral comments from the public will be accepted at approximately 1:15 p.m. each day.

    Questions and written statements for the Committee's consideration may be submitted up to 5 working days before the meeting. They may be sent to [email protected] or mailed to the person listed under FOR FURTHER INFORMATION CONTACT. The statement must also reference Docket Number APHIS-2016-0056.

    This notice of meeting is given pursuant to section 10 of the Federal Advisory Committee Act (5 U.S.C. App. 2).

    Done in Washington, DC, this 12th day of August 2016. Kevin Shea, Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2016-19737 Filed 8-17-16; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2016-0058] Notice of Request for a Revision to and Extension of Approval of an Information Collection; Tuberculosis AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Revision to and extension of approval of an information collection; comment request.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service's intention to request a revision to and extension of approval of an information collection associated with the tuberculosis regulations.

    DATES:

    We will consider all comments that we receive on or before October 17, 2016.

    ADDRESSES:

    You may submit comments by either of the following methods:

    Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0058.

    Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2016-0058, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238.

    Supporting documents and any comments we receive on this docket may be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0058 or in our reading room, which is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.

    FOR FURTHER INFORMATION CONTACT:

    For information on the domestic tuberculosis program, contact Dr. C. William Hench, Cattle Health Center Staff Veterinarian, Surveillance, Preparedness and Response Services, Veterinary Services, APHIS, 2150 Centre Avenue, Fort Collins, CO 80526-8117; (970) 494-7378. For copies of more detailed information on the information collection, contact Ms. Kimberly Hardy, APHIS' Information Collection Coordinator, at (301) 851-2727.

    SUPPLEMENTARY INFORMATION:

    Title: Tuberculosis.

    OMB Control Number: 0579-0146.

    Type of Request: Revision to and extension of approval of an information collection.

    Abstract: Under the Animal Health Protection Act (7 U.S.C. 8301 et seq.), the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture is authorized, among other things, to prohibit or restrict the interstate movement of animals and animal products to prevent the dissemination within the United States of animal diseases and pests and for conducting programs to detect, control, and eradicate pests and diseases of livestock. In connection with this mission, APHIS participates in a cooperative State/Federal tuberculosis eradication program, which is a national program to eliminate tuberculosis from the United States. This program is conducted under various States' authorities supplemented by Federal authorities regulating the interstate movement of affected animals.

    The tuberculosis regulations contained in 9 CFR part 77 provide several levels of tuberculosis risk classifications to be applied to States and zones within States, and classify States and zones according to their tuberculosis risk. The regulations restrict the interstate movement of cattle, bison, and captive cervids from the various classes of States or zones to prevent the spread of tuberculosis.

    These regulations include, but are not limited to, information collection activities, such as memoranda of understanding; agreements; reports; testing records and status reports; plans, permits, and certificates; specimen submissions; risk surveys; proceeds from animals, animal products, and materials sold for salvage; appraisal and indemnity claims; labeling; and recordkeeping.

    The information collection requirements above are currently approved by the Office of Management and Budget (OMB) under OMB Control Number 0579-0146, Tuberculosis, and OMB Control Number 0579-0412, Approved Tests for Bovine Tuberculosis in Cervids. After OMB approves this combined information collection package (0579-0146), APHIS will retire OMB Control Number 0579-0412.

    We are asking OMB to approve our use of these information collection activities, as described, for an additional 3 years.

    The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning our information collection. These comments will help us:

    (1) Evaluate 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) Evaluate the accuracy of our estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;

    (3) Enhance the quality, utility, and clarity of the information to be collected; and

    (4) Minimize the burden of the collection of information on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies; e.g., permitting electronic submission of responses.

    Estimate of burden: The public reporting burden for this collection of information is estimated to average 0.33 hours per response.

    Respondents: State animal health officials, producers and owners (including feedlot owners), accredited veterinarians, laboratory personnel, and professional appraisers.

    Estimated annual number of respondents: 4,574.

    Estimated annual number of responses per respondent: 20.

    Estimated annual number of responses: 90,453.

    Estimated total annual burden on respondents: 29,514 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.)

    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.

    Done in Washington, DC, this 12th day of August 2016. Kevin Shea, Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2016-19733 Filed 8-17-16; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Forest Service Notice of New Fee Site; Federal Lands Recreation Enhancement Act (Title VIII, Pub. L. 108-447) AGENCY:

    Tongass National Forest, USDA Forest Service

    ACTION:

    Notice of new fee site.

    SUMMARY:

    The Tongass National Forest is proposing to charge a $75 fee for the overnight rental of the Deep Bay Cabin. This facility is available for recreation use through the National Recreation Reservation Service, at www.recreation.gov. The Forest has decided to offer the cabin, through www.recreation.gov prior to charging a rental fee. Public feedback based on cabin rentals in the Alaska Region have consistently demonstrated that people appreciate and enjoy the availability of rental cabins. Funds from the rental will be used for the continued operation and maintenance of the facilities. The cabin rental fee is only proposed and will be determined upon further analysis and public comment.

    DATES:

    Public comment on the proposal for Deep Bay Cabin to begin charging a rental fee will be received through December 2016. Starting in January 2017 comments will be compiled, analyzed and shared with the Alaska Region Fee Board. Should the fee proposal move forward, the rental rate of $75 per night will likely begin in February 2017.

    ADDRESSES:

    Forest Supervisor, Tongass National Forest, 648 Mission Street, Ketchikan, AK 99901.

    FOR FURTHER INFORMATION CONTACT:

    Lisa Fluharty, Recreation Fee Coordinator, (907) 228-6331.

    SUPPLEMENTARY INFORMATION:

    The Federal Recreation Lands Enhancement Act (Title VII, P.L. 108-447) directed the Secretary of Agriculture to publish a six month advance notice in the Federal Register whenever new recreation fee areas are established. This new fee will be reviewed by the Alaska Region Fee Board prior to a final decision and implementation.

    The Tongass National Forest provides multiple cabins located in a variety of forest environments ranging from ocean shore, lakeshore, to mountain and alpine settings. These cabins serve as a base camp for forest visitors for hiking, hunting, fishing, OHV riding and nature touring activities. These cabins are important for access and maintaining traditional recreation activities, including subsistence hunting and fishing.

    The Deep Bay Cabin is fully accessible and includes a wheelchair ramp from the parking lot to the cabin. It is a large group cabin and can accommodate up to 12 people. It consists of two buildings connected by a large deck which is partially covered. Each building has sleeping rooms and a common room. There are oil stoves for heat (not cooking). There is a small storage shed, an outside fire grill, and outhouse. It is a simple facility, with no electricity, trash service or running water. The cabin is located near Deep Bay on Zarembo Island. It is accessible year-around by float plane or boat.

    A cabin rental analysis performed in 2015 for the cabins in the Alaska Region has shown that people desire having this type of recreation experience on the Tongass National Forest. The proposed $75 per night cabin rental fee for Deep Bay Cabin is consistent with the fee charged at the only other large group cabin on the Tongass National Forest and is both reasonable and acceptable for this sort of unique recreation experience. People interested in renting the facility will need to go through the National Recreation Reservation Service, at www.recreation.gov or by calling 1-877-444-6777. The National Recreation Reservation Service charges a $9 fee for online reservations and a $10 fee for phone in reservations.

    Dated: August 11, 2016. M. Earl Stewart, Forest Supervisor, Tongass National Forest.
    [FR Doc. 2016-19714 Filed 8-17-16; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Forest Service White River National Forest; Eagle County, CO; Berlaimont Estates Access Route EIS AGENCY:

    Forest Service, USDA.

    ACTION:

    Notice of intent to prepare an environmental impact statement.

    SUMMARY:

    Berlaimont Estates LLC (Berlaimont) owns a 680-acre private inholding (subject property) within the White River National Forest to the north of Interstate 70 in the vicinity of Edwards, Colorado. Berlaimont intends on the developing the property as 19 individual residential lots, with each at least 35 acres in size. Currently, the subject property may be accessed by National Forest System Roads (NFSR) 774 and 780, which connects to the southeastern corner of this horseshoe-shaped subject property. Berlaimont has applied for an easement to construct, improve, utilize, and maintain an access road for reliable, year-round vehicular access to reach the developable areas (northern portion) of the subject property. Specifically, Berlaimont is proposing to improve segments of the existing NFSR 774 (1.04 miles) and NFSR 780 (3.09 miles), as well as construct a new road segment (1.16 miles) across additional National Forest System (NFS) lands in order to access the northern portion of the subject property. Improvements would consist of constructing a 20′-wide asphalt road with a 3′ gravel shoulder, vehicle turnouts, retaining walls, traffic signs, guardrails, erosion control facilities, and drainage facilities.

    DATES:

    Comments concerning the scope of the analysis must be received by October 3, 2016. The draft environmental impact statement is expected to be available for public review in the March of 2017 and the final environmental impact statement is expected in the June of 2017.

    ADDRESSES:

    Send written comments to Scott Fitzwilliams, Forest Supervisor, c/o Matt Klein, Realty Specialist, White River National Forest, P.O. Box 190, Minturn, CO 81645. Comments may also be sent via email to [email protected] (include “Berlaimont Estate Access Route EIS” in the subject line), electronically at https://cara.ecosystem-management.org/Public//CommentInput?Project=50041, or via facsimile to (970) 827-9343.

    All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at the Holy Cross Ranger Station, 24747 U.S. Highway 24, Minturn, CO 81645. Visitors are encouraged to call ahead to (970) 827-5715 to facilitate entry into the building.

    FOR FURTHER INFORMATION CONTACT:

    Additional information related to the project can be obtained from the project Web page: http://www.fs.fed.us/nepa/nepa_project_exp.php?project=50041 or by contacting Matt Klein, Realty Specialist, Eagle/Holy Cross Ranger District, 24747 US Hwy 24, P.O. Box 190, Minturn, Colorado 81645. Mr. Klein can be reached by phone at (970) 827-5182 or by email at [email protected].

    Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.

    SUPPLEMENTARY INFORMATION: Estimated Dates

    The draft Environmental Impact Statement is expected March of 2017, and the final Environmental Impact Statement is expected June of 2017.

    Purpose and Need for Action

    The purpose of the proposed project is to provide reliable, year-round vehicular access to the developable portions of Berlaimont's private inholding property.

    The need for the proposed project is that the existing NSFRs may not provide adequate access to secure reasonable use and enjoyment of the Berlaimont's property, to which they assert they are entitled under the Alaska National Interest Lands Conservation Act (ANILCA).

    Proposed Action

    The Proposed Action is to grant an easement to Berlaimont to improve (pave), utilize, and maintain segments of the existing NFSR 774 (1.04 miles) and NFSR 780 (3.09 miles), which grants access to the southeastern corner of the property only.

    Possible Alternatives

    An alternative will also be analyzed that includes the proposed action with the addition of constructing, utilizing, and maintaining a new road segment (1.16 miles) across NFS lands in order to access the northern portion of the subject property.

    Responsible Official

    The Responsible Official is Mr. Scott Fitzwilliams, Forest Supervisor, c/o Matt Klein, Realty Specialist, White River National Forest, P.O. Box 190, Minturn, CO 81645.

    Nature of Decision To Be Made

    Based on the analysis that will be documented in the forthcoming EIS, the Responsible Official will decide whether or not to implement, in whole or in part, the Proposed Action or another alternative that may be developed by the Forest Service as a result of scoping.

    Scoping Process

    This Notice of Intent initiates the scoping process, which guides the development of the Environmental Impact Statement (EIS). The Forest Service is soliciting comments from Federal, State and local agencies and other individuals or organizations that may be interested in or affected by implementation of the proposed project. Public questions and comments regarding this proposal are an integral part of this environmental analysis process. Input provided by interested and/or affected individuals, organizations and governmental agencies will be used to identify alternative actions and resource issues that will be analyzed in the EIS. The Forest Service will identify significant issues raised during the scoping process, and use them to formulate alternatives, prescribe mitigation measures and project design features, or analyze environmental effects.

    A public open house meeting will be held on Wednesday, September 7th, 2016 from 6:00 p.m. to 9:00 p.m. at the Edwards facility for Eagle County EMS/Paramedics (1055 Edwards Village Blvd., Edwards, CO 81632). The meeting will be held in the classroom. It is important that reviewers provide their comments at such times and in such manner that they are useful to the agency's preparation of the EIS. Therefore, comments should be provided prior to the close of the comment period and should clearly articulate the reviewer's concerns and contentions.

    Comments received in response to this solicitation, including names and addresses of those who comment, will be part of the public record for this proposed action. Comments submitted anonymously will be accepted and considered, however.

    There will be an additional opportunity to comment when the Notice of Availability of the Draft EIS is published in the Federal Register. For objection eligibility, each individual or representative from each entity submitting written comments must either sign the comment or verify identity upon request. Individuals and organizations wishing to be eligible to object must meet the information requirements in 36 CFR 218.25(a)(3).

    Preliminary Issues

    Section 1323(a) of the ANILCA statute (incorporated into 36 CFR Subpart D) compels the agency to authorize access to non-Federal land within the boundaries of NFS lands [i.e. inholdings], to the extent that such access is adequate for providing reasonable use and enjoyment of that inholding consistent with other, similiarly situated non-Federal lands.

    In addition to providing reasonable use and enjoyment, 36 CFR Subpart D requires that any authorized access route be located and constructed so as to minimize damage or disturbance to NFS lands and resources.

    Consequently, a key issue for this project is to determine what route location(s) and level of construction are necessary in order to achieve “adequate access” for “reasonable use and enjoyment” of the applicant's inholding property.

    Permits or Licenses Required

    This Proposed Action considers the issuance of a road easement from the Forest Service to Berlaimont under the authority of the Federal Land Policy and Management Act of 1976 (FLPMA).

    Comment Requested

    The comment period on the draft environmental impact statement will be 45 days from the date the Environmental Protection Agency publishes the notice of availability in the Federal Register.

    The Forest Service believes, at this early state, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of draft Environmental Impact Statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's positions and contentions. Vermont Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978). Also, environmental objections that could be raised at the draft Environmental Impact Statement stage but that are not raised until after completion the final Environmental Impact Statement may be waived or dismissed by the courts. City of Angoon v. Hodel, 803 F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980). Because of these court rulings, it is very important that those interested in this proposed action participate by the close of the 45-day comment period so that substantive comments and objections are made available to the Forest Service at a time when it can meaningfully consider them and respond to them in the final environmental impact statement.

    To assist the Forest Service in identifying and considering issues and concerns on the proposed action, comments on the draft Environmental Impact Statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the draft statement. Comments may also address the adequacy of the draft Environmental Impact Statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points.

    Dated: August 12, 2016. Scott G. Fitzwilliams, Forest Supervisor.
    [FR Doc. 2016-19700 Filed 8-17-16; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF COMMERCE International Trade Administration Civil Nuclear Trade Advisory Committee: Meeting of the Civil Nuclear Trade Advisory Committee AGENCY:

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

    ACTION:

    Notice of Federal Advisory Committee Meeting.

    SUMMARY:

    This notice sets forth the schedule and proposed agenda for a meeting of the Civil Nuclear Trade Advisory Committee (CINTAC).

    DATES:

    The meeting is scheduled for Friday, September 2, 2016, from 10:00 a.m. to 11:00 a.m. Eastern Daylight Time (EDT).

    ADDRESSES:

    The meeting will be held via conference call.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Jonathan Chesebro, Office of Energy & Environmental Industries, International Trade Administration, Room 4053, 1401 Constitution Ave. NW., Washington, DC 20230. (Phone: 202-482-1297; Fax: 202-482-5665; email: [email protected]).

    SUPPLEMENTARY INFORMATION:

    Background: The CINTAC was established under the discretionary authority of the Secretary of Commerce and in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), in response to an identified need for consensus advice from U.S. industry to the U.S. Government regarding the development and administration of programs to expand United States exports of civil nuclear goods and services in accordance with applicable U.S. laws and regulations, including advice on how U.S. civil nuclear goods and services export policies, programs, and activities will affect the U.S. civil nuclear industry's competitiveness and ability to participate in the international market.

    Topics to be considered: The agenda for the Friday, September 2, 2016 CINTAC meeting is as follows: DOC's Civil Nuclear Trade Initiative Update.

    Public attendance is limited and available on a first-come, first-served basis. Members of the public wishing to attend the meeting must notify Mr. Jonathan Chesebro at the contact information above by 5:00 p.m. EDT on Friday, August 26, 2016 in order to pre-register. Please specify any requests for reasonable accommodation at least five business days in advance of the meeting. Last minute requests will be accepted, but may not be possible to fill.

    A limited amount of time will be available for pertinent brief oral comments from members of the public attending the meeting. To accommodate as many speakers as possible, the time for public comments will be limited to two (2) minutes per person, with a total public comment period of 30 minutes. Individuals wishing to reserve speaking time during the meeting must contact Mr. Chesebro and submit a brief statement of the general nature of the comments and the name and address of the proposed participant by 5:00 p.m. EDT on Friday, August 26, 2016. If the number of registrants requesting to make statements is greater than can be reasonably accommodated during the meeting, ITA may conduct a lottery to determine the speakers.

    Any member of the public may submit pertinent written comments concerning the CINTAC's affairs at any time before and after the meeting. Comments may be submitted to the Civil Nuclear Trade Advisory Committee, Office of Energy & Environmental Industries, Room 4053, 1401 Constitution Ave. NW., Washington, DC 20230. For consideration during the meeting, and to ensure transmission to the Committee prior to the meeting, comments must be received no later than 5:00 p.m. EDT on Friday, August 26, 2016. Comments received after that date will be distributed to the members but may not be considered at the meeting.

    Copies of CINTAC meeting minutes will be available within 90 days of the meeting.

    Man Cho, Director, Acting, Office of Energy and Environmental Industries.
    [FR Doc. 2016-19692 Filed 8-17-16; 8:45 am] BILLING CODE 3510-DR-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE781 Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar AGENCY:

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

    ACTION:

    Notice; issuance of four Letters of Authorization.

    SUMMARY:

    In accordance with regulations issued under the Marine Mammal Protection Act, as amended, we hereby give notification that we, the National Marine Fisheries Service (NMFS), have issued four one-year Letters of Authorization (Authorizations) to the U.S. Navy (Navy) to take marine mammals by harassment incidental to their military readiness activities associated with the routine training, testing, and military operations of Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) sonar within the western and central North Pacific Ocean and Indian Ocean.

    DATES:

    These Authorizations are effective from August 15, 2016, through August 14, 2017.

    ADDRESSES:

    Electronic copies of the Navy's April 5, 2016 application letter and the Authorizations are available by writing to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3225, by telephoning the contact listed here (See FOR FURTHER INFORMATION CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/incidental/military.htm#surtass. The public may view the documents cited in this notice, by appointment, during regular business hours, at the aforementioned address.

    FOR FURTHER INFORMATION CONTACT:

    Dale Youngkin, Office of Protected Resources, NMFS (301) 427-8401.

    SUPPLEMENTARY INFORMATION: Background

    Section 101(a)(5)(A) of the Marine Mammal Protection Act (MMPA; 16 U.S.C. 1361 et seq.) directs the Secretary of Commerce to allow, upon request, the incidental, but not intentional taking of marine mammals by U.S. citizens if certain findings are made and regulations are issued. Under the MMPA, the term “take” means to harass, hunt, capture, or kill or to attempt to harass, hunt, capture, or kill marine mammals. We, NMFS, have been delegated the authority to issue such regulations and Authorizations.

    With respect to military readiness activities, the MMPA defines harassment as “(i) any act that injures or has the significant potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing disruption of natural behavioral patterns, including, but not limited to, migration, surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral patterns are abandoned or significantly altered [Level B harassment].”

    Authorization may be granted for periods of five years or less if we find that the total taking will have a negligible impact on the affected species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for certain subsistence uses. In addition, we must prescribe regulations that include permissible methods of taking and other means effecting the least practicable adverse impact on the species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stocks for taking for subsistence uses. The regulations also must include requirements pertaining to the monitoring and reporting of such taking.

    Regulations governing the taking of marine mammals incidental to the Navy's routine training, testing, and military operations of SURTASS LFA sonar are in effect through August 15, 2017 (77 FR 50290, August 20, 2012) and are codified at 50 CFR part 218, subpart X. These regulations include mitigation, monitoring, and reporting requirements for the incidental taking of marine mammals by the SURTASS LFA sonar system. For detailed information on this action, please refer to the August 20, 2012, Federal Register Notice and 50 CFR part 218, subpart X. Under those regulations, we must publish a notice of issuance of an Authorization or Authorization renewal in the Federal Register within 30 days of a determination.

    Summary of Request

    On April 5, 2016 we received an application from the Navy requesting a renewal of four Authorizations, originally issued on August 15, 2012 (77 FR 51969, August 28, 2012) for the taking of marine mammals incidental to routine training, testing, and military operations of SURTASS LFA sonar in the western and central North Pacific Ocean and Indian Ocean under the regulations issued on August 15, 2012 (77 FR 50290, August 20, 2012): one for the United States Naval Ship (USNS) VICTORIOUS (T-AGOS 19), one for the USNS ABLE (T-AGOS 20), one for the USNS EFFECTIVE (T-AGOS 21), and one for the USNS IMPECCABLE (T-AGOS 23). NMFS considered the Navy's application as adequate and complete on May 2, 2016.

    NMFS has renewed the first cohort of 2012 Authorizations on an annual basis in 2013 (78 FR 57368, September 18, 2013); 2014 (79 FR 49501, August 21, 2014); and again in 2015 (80 FR 48296). The Navy's 2016 application for renewal requests that these four Authorizations become effective on August 15, 2016, for a period not to exceed one year.

    Summary of Activity Under the 2015 Authorizations

    The Navy submitted quarterly mission reports for the periods of August 2015 through May 2016 within the required timeframes. These quarterly reports include the dates and times of the military readiness activities; location of each SURTASS LFA sonar vessel; mission operational area; marine mammal observations; and records of any delays or suspensions of sonar operations. The Navy must also report on the number of marine mammals detected by visual, passive, and active acoustic monitoring and the estimated percentage of each marine mammal stock taken by Level A and Level B harassment. The reports indicate the following:

    • The Navy conducted a total of eight missions from August 15, 2015, through May 14, 2016, in the northwestern Pacific Ocean, which totaled 20.56 mission days and resulted in 37.1 hours of LFA sonar transmissions (2.9% of the permitted sonar transmission time).

    • The total percentage of each marine mammal stock taken by Level B harassment has not exceeded the 12 percent cap. For each stock, the percentage of take was well below the levels authorized in the 2015 Authorizations.

    • The total percentage of each marine mammal stock taken by Level A harassment has not exceeded the levels authorized in the 2015 Authorizations. In fact, the Navy reported no incidences of Level A harassment takes.

    The operational tempo, number of active transmission hours, marine mammal detections, behavioral observations, and level of anticipated take of marine mammals fall within the scope and nature of those contemplated by the final rule and authorized in the 2015 Authorizations.

    Monitoring Reports

    The Navy has submitted the monitoring reports on time as required under 50 CFR 218.236 and the 2015 Authorizations. We have reviewed these reports and determined them to be acceptable. Based on these reports, the Navy has not exceeded the average annual estimated usage of the four SURTASS LFA sonar systems and remains well within the take authorized. In accordance with the current SURTASS LFA sonar regulations (50 CFR 218.230), the Navy must submit an annual report to us no later than 45 days after the 2015 Authorizations have expired. Upon receipt, we will post the annual report at: http://www.nmfs.noaa.gov/pr/permits/incidental/military.htm#surtass.

    Level of Taking for 2016 Authorizations Period

    For the 2016 to 2017 Authorization period, the Navy expects to conduct the same type and amount of routine training, testing, and military operations of SURTASS LFA sonar in the western and central North Pacific and Indian Oceans as they have in the northwest Pacific Ocean and the north-central Pacific Ocean requested under the 2012, 2013, 2014, and 2015 Authorizations. Similarly, the Navy expects to remain within the annual take estimates analyzed in the final rule. We determined that the level of taking by incidental harassment from the activities described in the Authorizations and supporting application is consistent with the findings made for the total taking allowable under the 2012 final rule.

    Compliance With Mitigation, Monitoring, and Reporting Measures

    Based on our review of the Navy's quarterly mission reports, the Navy complied with the required visual, passive, and acoustic monitoring measures in the final rule and previous Authorizations. The Navy also followed the required shutdown and other protocols for mitigating impacts to marine mammals while conducting operations.

    The Navy is also complying with required measures under 50 CFR 218.236(d) to gain and share information on the species. The Navy reports that they are continuing to work on information transfer, declassification and archiving of ambient noise data from the Navy's Integrated Undersea Surveillance System to the public.

    Based on the foregoing information and the Navy's application, we determined that the mitigation, monitoring, and reporting measures required under 50 CFR 218.234, .235, and .236 and NMFS' 2013-2014; 2014-2015; and 2015-2016 Authorizations were undertaken and will be undertaken during the period of validity of the renewed 2016-2017 Authorizations.

    Adaptive Management

    The final rule and the previous Authorizations include an adaptive management framework that allows us to consider new information and to determine (with input from the Navy regarding practicability) if modifications to mitigation and/or monitoring measures are appropriate and practicable. This framework includes a requirement for an annual meeting between NMFS and the Navy, if either agency deems it necessary.

    Section 218.241 of the final rule describes examples of the types of information that could contribute to the decision to modify the mitigation or monitoring measures, including: (a) Results from the Navy's monitoring from the previous year's operation of SURTASS LFA sonar; (b) compiled results of Navy-funded research and development studies; (c) results from specific stranding investigations; (d) results from general marine mammal and sound research funded by the Navy or other sponsors; and (e) any information that reveals marine mammals may have been taken in a manner, extent or number not anticipated by these regulations or subsequent Authorizations. None of the information reviewed by NMFS or the Navy resulted in any modifications to the existing mitigation or monitoring measures at this time with the exception of consideration of new information regarding potential OBIAs.

    Consideration of Areas as Potential OBIAs

    On April 7, 2016, we and the Navy convened a meeting to review and discuss consideration of possible additional Offshore Biologically Important Areas (OBIAs) and modification of existing OBIA boundaries. International and U.S. waters were evaluated to consider newly available peer-reviewed scientific data, information, or survey data on marine areas that may be eligible for consideration as OBIAs. This evaluation also included review of information from the following sources:

    • Cetacean and Sound Mapping Working Group Biologically Important Areas (CetMap BIAs);

    • Marine Mammal Protected Area Task Force (MMPATF)-identified Important Marine Mammal Areas (IMMAs);

    • World Database on Protected Areas (joint program of the International Union for Conservation of Nature [IUCN] and the United Nations Environment Programme [UNEP]);

    • 2014 United Nations List of Protected Areas;

    • Convention on Biological Diversity;

    • Marine Protected Areas Global (Wood, 2007);

    • Marine Conservation Institute MPAtlas; and

    • Cetaceanhabitat.org.

    Several areas were identified for consideration. Three of the proposed new OBIAs are in areas authorized under the 2016-2017 Authorizations. However, the Navy agrees to treat these areas as OBIAs and will not transmit SURTASS LFA sonar at received levels above 180 dB SPL (rms) within 0.54 nmi (1 km) of the boundary of these potential OBIAs during the periods of biologically important activities for the purpose of the 2016-2017 Authorizations pending a final decision on their designation. NMFS and Navy will be including a description of the evaluation of these new areas in the Draft Supplemental Environmental Impact Statement and rulemaking process for the new (2017) SURTASS LFA sonar operations.

    Litigation on Final Rule

    On July 15, 2016, the U.S. Court of Appeals for the Ninth Circuit issued a decision in NRDC, et al. v. Pritzker, et al., which challenged NMFS' 2012 final rule for SURTASS LFA sonar. The Ninth Circuit had not, however, issued a mandate in that case at the time the LOAs were issued.

    Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing

    On August 4, 2016, NMFS released its Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing (Guidance). This new guidance established new thresholds for predicting auditory injury, which equates to Level A harassment under the MMPA. In the Federal Register Notice (81 FR 51694), NMFS explained the approach it would take during a transition period, wherein we balance the need to consider this new best available science with the fact that some applicants have already committed time and resources to the development of analyses based on our previous guidance and have constraints that preclude the recalculation of take estimates, as well as where the action is in the agency's decision-making pipeline. In that Notice, we included a non-exhaustive list of factors that would inform the most appropriate approach for considering the new Guidance, including: The scope of effects; how far in the process the applicant has progressed; when the authorization is needed; the cost and complexity of the analysis; and the degree to which the guidance is expected to affect our analysis. In this case, the Navy's SURTASS LFA sonar rule was issued in 2012, this is the last remaining year of activity that will be authorized under this rule, and they need the authorization by August 12th in order to ensure continuity of operations. The SURTASS LFA sonar rule considers the potential for small numbers of cetaceans incurring auditory injury in the effects analysis and, as noted in the Final Rule, the Navy is authorized to take small numbers of cetaceans by Level A harassment as a precautionary measure even though quantitative analyses showed no Level A takes. The Navy has a robust and practicable monitoring and mitigation program that we believe is very effective in reducing the likelihood of injury. Additionally, we believe that a fair number of marine mammals will intentionally avoid approaching within distances of this slow-moving source that would result in injury. In summary, we have considered the new Guidance and believe that the likelihood of injury is adequately addressed in the analysis in the rule and appropriate protective measures are in place in the LOA.

    Authorization

    We have issued four Authorizations to the Navy, authorizing the incidental harassment of marine mammals, incidental to operating the four SURTASS LFA sonar systems for routine training, testing and use during military operations. Issuance of these four Authorizations is based on findings, described in the preamble to the final rule (77 FR 50290, August 20, 2012) and supported by information contained in the Navy's required reports on SURTASS LFA sonar and their application, that the activities described under these four Authorizations will have a negligible impact on marine mammal species or stocks and will not have an unmitigable adverse impact on their availability for taking for subsistence uses.

    These Authorizations remain valid through August 14, 2017, provided the Navy remains in conformance with the conditions of the regulations and the LOAs, and the mitigation, monitoring, and reporting requirements described in 50 CFR 218.230 through 218.241 (77 FR 50290, August 20, 2012) and in the Authorizations are undertaken.

    Dated: August 12, 2016. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2016-19711 Filed 8-17-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE781 Taking and Importing Marine Mammals: Taking Marine Mammals Incidental to Navy Operations of Surveillance Towed Array Sensor System Low Frequency Active Sonar AGENCY:

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

    ACTION:

    Notice; issuance of four Letters of Authorization.

    SUMMARY:

    In accordance with regulations issued under the Marine Mammal Protection Act, as amended, we hereby give notification that we, the National Marine Fisheries Service (NMFS), have issued four one-year Letters of Authorization (Authorizations) to the U.S. Navy (Navy) to take marine mammals by harassment incidental to their military readiness activities associated with the routine training, testing, and military operations of Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA) sonar within the western and central North Pacific Ocean and Indian Ocean.

    DATES:

    These Authorizations are effective from August 15, 2016, through August 14, 2017.

    ADDRESSES:

    Electronic copies of the Navy's April 5, 2016 application letter and the Authorizations are available by writing to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3225, by telephoning the contact listed here (See FOR FURTHER INFORMATION CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/incidental/military.htm#surtass. The public may view the documents cited in this notice, by appointment, during regular business hours, at the aforementioned address.

    FOR FURTHER INFORMATION CONTACT:

    Dale Youngkin, Office of Protected Resources, NMFS (301) 427-8401.

    SUPPLEMENTARY INFORMATION: Background

    Section 101(a)(5)(A) of the Marine Mammal Protection Act (MMPA; 16 U.S.C. 1361 et seq.) directs the Secretary of Commerce to allow, upon request, the incidental, but not intentional taking of marine mammals by U.S. citizens if certain findings are made and regulations are issued. Under the MMPA, the term “take” means to harass, hunt, capture, or kill or to attempt to harass, hunt, capture, or kill marine mammals. We, NMFS, have been delegated the authority to issue such regulations and Authorizations.

    With respect to military readiness activities, the MMPA defines harassment as “(i) any act that injures or has the significant potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing disruption of natural behavioral patterns, including, but not limited to, migration, surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral patterns are abandoned or significantly altered [Level B harassment].”

    Authorization may be granted for periods of five years or less if we find that the total taking will have a negligible impact on the affected species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for certain subsistence uses. In addition, we must prescribe regulations that include permissible methods of taking and other means effecting the least practicable adverse impact on the species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stocks for taking for subsistence uses. The regulations also must include requirements pertaining to the monitoring and reporting of such taking.

    Regulations governing the taking of marine mammals incidental to the Navy's routine training, testing, and military operations of SURTASS LFA sonar are in effect through August 15, 2017 (77 FR 50290, August 20, 2012) and are codified at 50 CFR part 218, subpart X. These regulations include mitigation, monitoring, and reporting requirements for the incidental taking of marine mammals by the SURTASS LFA sonar system. For detailed information on this action, please refer to the August 20, 2012, Federal Register Notice and 50 CFR part 218, subpart X. Under those regulations, we must publish a notice of issuance of an Authorization or Authorization renewal in the Federal Register within 30 days of a determination.

    Summary of Request

    On April 5, 2016 we received an application from the Navy requesting a renewal of four Authorizations, originally issued on August 15, 2012 (77 FR 51969, August 28, 2012) for the taking of marine mammals incidental to routine training, testing, and military operations of SURTASS LFA sonar in the western and central North Pacific Ocean and Indian Ocean under the regulations issued on August 15, 2012 (77 FR 50290, August 20, 2012): One for the United States Naval Ship (USNS) VICTORIOUS (T-AGOS 19), one for the USNS ABLE (T-AGOS 20), one for the USNS EFFECTIVE (T-AGOS 21), and one for the USNS IMPECCABLE (T-AGOS 23). NMFS considered the Navy's application as adequate and complete on May 2, 2016.

    NMFS has renewed the first cohort of 2012 Authorizations on an annual basis in 2013 (78 FR 57368, September 18, 2013); 2014 (79 FR 49501, August 21, 2014); and again in 2015 (80 FR 48296). The Navy's 2016 application for renewal requests that these four Authorizations become effective on August 15, 2016, for a period not to exceed one year.

    Summary of Activity Under the 2015 Authorizations

    The Navy submitted quarterly mission reports for the periods of August 2015 through May 2016 within the required timeframes. These quarterly reports include the dates and times of the military readiness activities; location of each SURTASS LFA sonar vessel; mission operational area; marine mammal observations; and records of any delays or suspensions of sonar operations. The Navy must also report on the number of marine mammals detected by visual, passive, and active acoustic monitoring and the estimated percentage of each marine mammal stock taken by Level A and Level B harassment. The reports indicate the following:

    • The Navy conducted a total of eight missions from August 15, 2015, through May 14, 2016, in the northwestern Pacific Ocean, which totaled 20.56 mission days and resulted in 37.1 hours of LFA sonar transmissions (2.9% of the permitted sonar transmission time).

    • The total percentage of each marine mammal stock taken by Level B harassment has not exceeded the 12 percent cap. For each stock, the percentage of take was well below the levels authorized in the 2015 Authorizations.

    • The total percentage of each marine mammal stock taken by Level A harassment has not exceeded the levels authorized in the 2015 Authorizations. In fact, the Navy reported no incidences of Level A harassment takes.

    The operational tempo, number of active transmission hours, marine mammal detections, behavioral observations, and level of anticipated take of marine mammals fall within the scope and nature of those contemplated by the final rule and authorized in the 2015 Authorizations.

    Monitoring Reports

    The Navy has submitted the monitoring reports on time as required under 50 CFR 218.236 and the 2015 Authorizations. We have reviewed these reports and determined them to be acceptable. Based on these reports, the Navy has not exceeded the average annual estimated usage of the four SURTASS LFA sonar systems and remains well within the take authorized. In accordance with the current SURTASS LFA sonar regulations (50 CFR 218.230), the Navy must submit an annual report to us no later than 45 days after the 2015 Authorizations have expired. Upon receipt, we will post the annual report at: http://www.nmfs.noaa.gov/pr/permits/incidental/military.htm#surtass.

    Level of Taking for 2016 Authorizations Period

    For the 2016 to 2017 Authorization period, the Navy expects to conduct the same type and amount of routine training, testing, and military operations of SURTASS LFA sonar in the western and central North Pacific and Indian Oceans as they have in the northwest Pacific Ocean and the north-central Pacific Ocean requested under the 2012, 2013, 2014, and 2015 Authorizations. Similarly, the Navy expects to remain within the annual take estimates analyzed in the final rule. We determined that the level of taking by incidental harassment from the activities described in the Authorizations and supporting application is consistent with the findings made for the total taking allowable under the 2012 final rule.

    Compliance With Mitigation, Monitoring, and Reporting Measures

    Based on our review of the Navy's quarterly mission reports, the Navy complied with the required visual, passive, and acoustic monitoring measures in the final rule and previous Authorizations. The Navy also followed the required shutdown and other protocols for mitigating impacts to marine mammals while conducting operations.

    The Navy is also complying with required measures under 50 CFR 218.236(d) to gain and share information on the species. The Navy reports that they are continuing to work on information transfer, declassification and archiving of ambient noise data from the Navy's Integrated Undersea Surveillance System to the public.

    Based on the foregoing information and the Navy's application, we determined that the mitigation, monitoring, and reporting measures required under 50 CFR 218.234, .235, and .236 and NMFS' 2013-2014; 2014-2015; and 2015-2016 Authorizations were undertaken and will be undertaken during the period of validity of the renewed 2016-2017 Authorizations.

    Adaptive Management

    The final rule and the previous Authorizations include an adaptive management framework that allows us to consider new information and to determine (with input from the Navy regarding practicability) if modifications to mitigation and/or monitoring measures are appropriate and practicable. This framework includes a requirement for an annual meeting between NMFS and the Navy, if either agency deems it necessary.

    Section 218.241 of the final rule describes examples of the types of information that could contribute to the decision to modify the mitigation or monitoring measures, including: (a) Results from the Navy's monitoring from the previous year's operation of SURTASS LFA sonar; (b) compiled results of Navy-funded research and development studies; (c) results from specific stranding investigations; (d) results from general marine mammal and sound research funded by the Navy or other sponsors; and (e) any information that reveals marine mammals may have been taken in a manner, extent or number not anticipated by these regulations or subsequent Authorizations. None of the information reviewed by NMFS or the Navy resulted in any modifications to the existing mitigation or monitoring measures at this time with the exception of consideration of new information regarding potential OBIAs.

    Consideration of Areas as Potential OBIAs

    On April 7, 2016, we and the Navy convened a meeting to review and discuss consideration of possible additional Offshore Biologically Important Areas (OBIAs) and modification of existing OBIA boundaries. International and U.S. waters were evaluated to consider newly available peer-reviewed scientific data, information, or survey data on marine areas that may be eligible for consideration as OBIAs. This evaluation also included review of information from the following sources:

    • Cetacean and Sound Mapping Working Group Biologically Important Areas (CetMap BIAs);

    • Marine Mammal Protected Area Task Force (MMPATF)—identified Important Marine Mammal Areas (IMMAs);

    • World Database on Protected Areas (joint program of the International Union for Conservation of Nature [IUCN] and the United Nations Environment Programme [UNEP]);

    • 2014 United Nations List of Protected Areas;

    • Convention on Biological Diversity;

    • Marine Protected Areas Global (Wood, 2007);

    • Marine Conservation Institute MPAtlas; and

    Cetaceanhabitat.org

    Several areas were identified for consideration. Three of the proposed new OBIAs are in areas authorized under the 2016-2017 Authorizations. However, the Navy agrees to treat these areas as OBIAs and will not transmit SURTASS LFA sonar at received levels above 180 dB SPL (rms) within 0.54 nmi (1 km) of the boundary of these potential OBIAs during the periods of biologically important activities for the purpose of the 2016-2017 Authorizations pending a final decision on their designation. NMFS and Navy will be including a description of the evaluation of these new areas in the Draft Supplemental Environmental Impact Statement and rulemaking process for the new (2017) SURTASS LFA sonar operations.

    Litigation on Final Rule

    On July 15, 2016, the U.S. Court of Appeals for the Ninth Circuit issued a decision in NRDC, et al. v. Pritzker, et al., which challenged NMFS' 2012 final rule for SURTASS LFA sonar. The Ninth Circuit had not, however, issued a mandate in that case at the time the LOAs were issued.

    Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing

    On August 4, 2016, NMFS released its Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing (Guidance). This new guidance established new thresholds for predicting auditory injury, which equates to Level A harassment under the MMPA. In the Federal Register Notice (81 FR 51694), NMFS explained the approach it would take during a transition period, wherein we balance the need to consider this new best available science with the fact that some applicants have already committed time and resources to the development of analyses based on our previous guidance and have constraints that preclude the recalculation of take estimates, as well as where the action is in the agency's decision-making pipeline. In that Notice, we included a non-exhaustive list of factors that would inform the most appropriate approach for considering the new Guidance, including: the scope of effects; how far in the process the applicant has progressed; when the authorization is needed; the cost and complexity of the analysis; and the degree to which the guidance is expected to affect our analysis. In this case, the Navy's SURTASS LFA sonar rule was issued in 2012, this is the last remaining year of activity that will be authorized under this rule, and they need the authorization by August 12th in order to ensure continuity of operations. The SURTASS LFA sonar rule considers the potential for small numbers of cetaceans incurring auditory injury in the effects analysis and, as noted in the Final Rule, the Navy is authorized to take small numbers of cetaceans by Level A harassment as a precautionary measure even though quantitative analyses showed no Level A takes. The Navy has a robust and practicable monitoring and mitigation program that we believe is very effective in reducing the likelihood of injury. Additionally, we believe that a fair number of marine mammals will intentionally avoid approaching within distances of this slow-moving source that would result in injury. In summary, we have considered the new Guidance and believe that the likelihood of injury is adequately addressed in the analysis in the rule and appropriate protective measures are in place in the LOA.

    Authorization

    We have issued four Authorizations to the Navy, authorizing the incidental harassment of marine mammals, incidental to operating the four SURTASS LFA sonar systems for routine training, testing and use during military operations. Issuance of these four Authorizations is based on findings, described in the preamble to the final rule (77 FR 50290, August 20, 2012) and supported by information contained in the Navy's required reports on SURTASS LFA sonar and their application, that the activities described under these four Authorizations will have a negligible impact on marine mammal species or stocks and will not have an unmitigable adverse impact on their availability for taking for subsistence uses.

    These Authorizations remain valid through August 14, 2017, provided the Navy remains in conformance with the conditions of the regulations and the LOAs, and the mitigation, monitoring, and reporting requirements described in 50 CFR 218.230 through 218.241 (77 FR 50290, August 20, 2012) and in the Authorizations are undertaken.

    Dated: August 12, 2016. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2016-19673 Filed 8-17-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request

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

    Agency: National Oceanic and Atmospheric Administration (NOAA).

    Title: Basic Requirements for Special Exemption Permits and Authorizations to Take, Import, and Export Marine Mammals, Threatened and Endangered Species, and for Maintaining a Captive Marine Mammal Inventory Under the Marine Mammal Protection, the Fur Seal, and the Endangered Species Acts.

    OMB Control Number: 0648-0084.

    Form Number(s): None.

    Type of Request: Regular (revision and extension of a currently approved information collection).

    Number of Respondents: 536.

    Average Hours per Response: Scientific research permit applications, 50 hours; public display permit applications, 30 hours; photography permit applications, 10 hours; General Authorization applications, 10 hours; major permit modification requests, 35 hours; minor permit modification requests, 3 hours; scientific research permit reports, 12 hours; public display permit reports, 2 hours; photography permit reports, 2 hours; General Authorization reports, 8 hours; public display inventory reporting, 2 hours; and record keeping, 2 hours per permit or authorization type (including permits for scientific research, public display, photography, General Authorization; and retention or transfer of rehabilitated animals).

    Burden Hours: 7,265.

    Needs and Uses: This request is for a revision and extension of a currently approved information collection.

    The Marine Mammal Protection Act (16 U.S.C. 1361 et seq.; MMPA), Fur Seal Act (16 U.S.C. 1151 et seq.; FSA), and Endangered Species Act (16 U.S.C. 1531 et seq.; ESA) prohibit certain activities affecting marine mammals and endangered and threatened species, with exceptions. Pursuant to section 104 of the MMPA and Section 10(a)(1)(A) of the ESA, special exception permits may be obtained for scientific research and enhancing the survival or recovery of a species or stock of marine mammals or threatened or endangered species. Section 104 of the MMPA also includes permits for commercial and educational photography of marine mammals; import and capture of marine mammals for public display; and, Letters of Confirmation under the General Authorization for scientific research that involves minimal disturbance to marine mammals. The regulations implementing permits and reporting requirements under the MMPA and FSA are at 50 CFR part 216; the regulations for permit requirements under the ESA are at 50 CFR part 222. The required information in this collection is used to make the determinations required by the MMPA, ESA and their implementing regulations prior to issuing a permit; to establish appropriate permit conditions; and to evaluate the impacts of the proposed activity on protected species. Inventory reporting pertaining to marine mammals in public display facilities is required by the MMPA.

    This information collection applies to certain protected species for which NMFS is responsible, including cetaceans (whales, dolphins and porpoises), pinnipeds (seals and sea lions), sawfish (largetooth and smalltooth), sea turtles (in water), and sturgeon (Atlantic and shortnose). The information collection may be used for future listed species.

    The currently approved application and reporting requirements will be revised to (1) create separate sections for marine mammals versus non-mammal species where doing so will result in less burden to the applicant (e.g., for scientific methods); (2) clarify to applicants why the information is required and what level of detail is needed for our analyses; (3) create `enhanced help' features (e.g., pop-up windows) in the online application system, Authorizations and Permits for Protected Species (APPS; https://apps.nmfs.noaa.gov/) to make the instructions more accessible; (4) create a streamlined application and online module in APPS for scientific research permits involving only import, export, or receipt of biological samples (i.e., where no animals in the wild are affected); (5) make photography permit applications accessible via APPS.

    Affected Public: Individuals or households; business or other for-profit organizations; not-for-profit institutions; state, local and tribal government.

    Frequency: Annually and on occasion.

    Respondent's Obligation: Mandatory.

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

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

    Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2016-19681 Filed 8-17-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE813 Pacific Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The Pacific Fishery Management Council's (Pacific Council) Salmon Technical Team (STT) and Model Evaluation Workgroup (MEW) will hold a webinar, which is open to the public, to discuss and make recommendations on issues on the Council's September 2016 agenda.

    DATES:

    The webinar will be held on Friday, September 2, from 1:30 p.m. until business for the day is complete.

    ADDRESSES:

    To attend the webinar, visit: http://www.gotomeeting.com/online/webinar/join-webinar. Enter the Webinar ID, which is 152-433-643, and your name and email address (required). After logging in to the webinar, please: dial this TOLL number +1 (562)-247-8422 (not a toll-free number), enter the Attendee phone audio access code 724-010-245, and then enter your audio phone pin (shown after joining the webinar). Participants are required to use their telephone, as this is the best practice to avoid technical issues and excessive feedback. (See the PFMC GoToMeeting Audio Diagram for best practices). System Requirements for PC-based attendees: Windows® 7, Vista, or XP; for Mac®-based attendees: Mac OS® X 10.5 or newer; and for mobile attendees: iPhone®, iPad®, AndroidTM phone or Android tablet (See the GoToMeeting Webinar Apps).

    You may send an email to [email protected] or contact him at (503) 820-2280, extension 425 for technical assistance. A public listening station will also be provided at the Pacific Council office.

    Council address: Pacific Council, 7700 NE. Ambassador Place, Suite 101, Portland, OR 97220-1384.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Mike Burner, Pacific Council; phone: (503) 820-2414.

    SUPPLEMENTARY INFORMATION:

    The STT and MEW will discuss items on the Pacific Council's September 2016 meeting agenda. Major topics include, but are not limited to, Salmon Methodology Review and the Sacramento River Winter Chinook Harvest Control Rule Update. The STT and MEW may also address one or more of the Council's scheduled Administrative Matters. Public comments during the webinar will be received from attendees at the discretion of the STT and MEW Chairs.

    Although nonemergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during this meeting. 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 meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt at (503) 820-2425 at least 5 days prior to the meeting date.

    Dated: August 15, 2016. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-19713 Filed 8-17-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE767 Permanent Advisory Committee To Advise the U.S. Commissioners to the Western and Central Pacific Fisheries Commission; Meeting Announcement AGENCY:

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

    ACTION:

    Notice of public meeting.

    SUMMARY:

    NMFS announces a meeting of the Permanent Advisory Committee (PAC) to advise the U.S. Commissioners to the Western and Central Pacific Fisheries Commission (WCPFC) on October 6-October 7, 2016. Meeting topics are provided under the SUPPLEMENTARY INFORMATION section of this notice.

    DATES:

    The meeting of the PAC will be held on October 6, 2016, from 8 a.m. to 4 p.m. HST (or until business is concluded) and October 7, 2016, from 8 a.m. to 4 p.m. HST (or until business is concluded).

    ADDRESSES:

    The meeting will be held at the Ala Moana Hotel, 410 Atkinson Drive, Honolulu, Hawaii 96814—in the Garden Lanai Meeting Room.

    FOR FURTHER INFORMATION CONTACT:

    Emily Crigler, NMFS Pacific Islands Regional Office; telephone: 808-725-5036; facsimile: 808-725-5215; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    In accordance with the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.), a Permanent Advisory Committee, or PAC, has been convened to advise the U.S. Commissioners to the WCPFC, certain members of which have been appointed by the Secretary of Commerce in consultation with the U.S. Commissioners to the WCPFC. The PAC supports the work of the U.S. National Section to the WCPFC in an advisory capacity. The U.S. National Section is made up of the U.S. Commissioners and the Department of State. NMFS Pacific Islands Regional Office provides administrative and technical support to the PAC in cooperation with the Department of State. The next regular annual session of the WCPFC (WCPFC13) is scheduled to be held December 5-December 9, 2016, in Fiji. More information on this meeting and the WCPFC, established under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, can be found on the WCPFC Web site: http://wcpfc.int/.

    Meeting Topics

    The PAC meeting topics may include the following: (1) Outcomes of the 2015 Annual Meeting and 2016 sessions of the WCPFC Scientific Committee, Northern Committee, and Technical and Compliance Committee; (2) conservation and management measures for bigeye tuna, yellowfin tuna, skipjack tuna and other species for 2017 and beyond; (3) potential U.S. proposals to WCPFC13; (4) input and advice from the PAC on issues that may arise at WCPFC13; (5) potential proposals from other WCPFC members; and (6) other issues.

    Special Accommodations

    The meeting location is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Emily Crigler at (808) 725-5036 by September 15, 2016.

    Authority:

    16 U.S.C. 6902.

    Dated: August 15, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-19747 Filed 8-17-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE814 Mid-Atlantic Fishery Management Council (MAFMC); Public Meetings AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The Mid-Atlantic Fishery Management Council's (Council) Spiny Dogfish Advisory Panel (AP) will meet to review recent fishery performance and develop a Fishery Performance Report and/or other recommendations in preparation for the Council's review of specifications at the October 2016 Council meeting.

    DATES:

    The meeting will be held Tuesday, September 6, 2016, from 2:30 p.m. to 5 p.m.

    ADDRESSES:

    The meeting will be held via webinar, but anyone can also attend at the Council office address (see below). The webinar link is: http://mafmc.adobeconnect.com/dogfishap2016/. Please call the Council at least 24 hours in advance if you wish to attend at the Council office.

    Council address: Mid-Atlantic Fishery Management Council, 800 N. State St., Suite 201, Dover, DE 19901; telephone: (302) 674-2331.

    FOR FURTHER INFORMATION CONTACT:

    Christopher M. Moore, Ph.D. Executive Director, Mid-Atlantic Fishery Management Council; telephone: (302) 526-5255. The Council's Web site, www.mafmc.org also has details on the proposed agenda, webinar access, and briefing materials.

    SUPPLEMENTARY INFORMATION:

    The purpose of the meeting is to create a Fishery Performance Report by the Council's Spiny Dogfish Advisory Panel. The intent of the report is to facilitate structured input from the Advisory Panel members into the specifications process. Spiny dogfish specifications were recently announced for the 2016-18 fishing years, but the Council and its Scientific and Statistical Committee (SSC) review the performance of multi-year specifications each year.

    Special Accommodations

    The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to M. Jan Saunders, (302) 526-5251, at least 5 days prior to the meeting date.

    Dated: August 15, 2016. Tracey L. Thompson Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-19712 Filed 8-17-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Telecommunications and Information Administration [Docket No. 160810714-6714-01] RIN 0660-XC029 The Incentives, Benefits, Costs, and Challenges to IPv6 Implementation AGENCY:

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

    ACTION:

    Notice, request for public comment.

    SUMMARY:

    Recognizing the exhaustion of Internet Protocol version 4 (IPv4) address space and the imperative for Internet Protocol version 6 (IPv6) implementation and use, the National Telecommunications and Information Administration (NTIA) is seeking input to guide NTIA in future IPv6 promotional activities. Through this Notice, NTIA invites adopters and implementers of IPv6 as well as any other interested stakeholders to share information on the benefits, costs, and challenges they have experienced, as well as any insight into additional incentives that could aid future adoption, implementation, and support of IPv6. After analyzing the comments, the Department intends to aggregate input received into a report that will be used to inform domestic and global efforts focused on IPv6 promotion, including any potential NTIA initiatives.

    DATES:

    Comments are due on or before 5 p.m. Eastern Time on October 3, 2016.

    ADDRESSES:

    Written comments may be submitted by email to [email protected] Comments submitted by email should be machine-readable and should not be copy-protected. Written comments also may be submitted by mail to the National Telecommunications and Information Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Room 4725, Attn: IPv6 RFC 2016, Washington, DC 20230. Responders should include the name of the person or organization filing the comment, as well as a page number on each page of the submission. All comments received are a part of the public record and will generally be posted to https://www.ntia.doc.gov/federal-register-notice/2016/incentives-benefits-costs-and-challenges-ipv6-implementation without change. All personal identifying information (for example, name, address) voluntarily submitted by the commenter may be publicly accessible. Please do not submit business information that is confidential or otherwise protected. NTIA will accept anonymous comments.

    FOR FURTHER INFORMATION CONTACT:

    Ashley Heineman, National Telecommunications and Information Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Room 4701, Washington, DC 20230; telephone (202) 482-0298; email [email protected] Please direct media inquiries to NTIA's Office of Public Affairs, (202) 482-7002 or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Background: NTIA regularly seeks public input to help guide future action and policy decisions that address today's critical communications and technology issues. In this notice, NTIA seeks input concerning the adoption and deployment of Internet Protocol version 6 (IPv6). Every device that connects to the Internet requires an IP address. However, the tremendous demand for Internet connections has, for all intents and purposes, exhausted the supply of IP addresses available under the legacy Internet Protocol version 4 (IPv4) system. IPv6 is the next-generation protocol which provides an identification and location system for computers on networks, and which routes traffic across the Internet.

    The transition to IPv6, which was designed to expand the number of IP addresses, is critical for the continued, sustainable growth of the Internet. While IPv4 provides nearly 4.3 billion IP addresses, IPv6 offers 2128 (or 340,282,366,920,938,463,463,374,607,431,768,211,456 IP addresses), a number more able to meet the rising demand for Internet connections and to support the expanding Internet of Things. This demand will continue to grow as more devices come online.

    Even during the relatively early days of the Internet, its exponential growth soon exposed the limitations of IPv4. Once the Internet technical community realized in the early 1990s that there would be a shortage of IP addresses, the Internet Engineering Task Force began developing a new protocol to expand the Internet address space. The first specification of the IPv6 standard was published in 1995 and an updated draft followed closely thereafter in 1998.1 Despite the long history of IPv6, today only 32 percent of the Internet services in the United States are IPv6 capable.2 While the IPv6 adoption rate in the United States is growing at a quicker pace than in the past, companies and other organizations that have yet to plan for IPv6 should begin implementation now rather than later, in order to lay a solid foundation for the future of our digital economy.

    1See “Internet Protocol, Version 6 (IPv6) Specification,” December 1998, available at: https://tools.ietf.org/html/rfc2460.

    2 According to measurements conducted by the Asia Pacific Network Information Center, available at: https://stats.labs.apnic.net/ipv6/.

    NTIA IPv6 Promotional Efforts: NTIA is already engaged in IPv6 promotional efforts. NTIA held a public workshop on IPv6 in 2010, and in 2011 developed the IPv6 Readiness Tool for Businesses, a comprehensive checklist for businesses preparing to deploy IPv6.3 NTIA also joined a number of private and public organizations in 2011 for the Internet Society's World IPv6 Day to test the IPv6 functionality of Web sites and services.

    3 NTIA also coauthored a study with the National Institute for Standards and Technology in 2006, entitled “A Technical and Economic Assessment of IPv6.” These and other resources are listed on the “Additional IPv6 Resources” page on NTIA's Web site, available at: http://www.ntia.doc.gov/page/additional-ipv6-resources.

    Moving forward, NTIA intends to engage more directly in promoting IPv6 deployment and use, with a particular focus on implementation. To assist in this purpose, NTIA is asking those who have implemented IPv6 to share their experiences and to highlight in particular the factors and circumstances that supported their decision to move ahead and adopt the protocol. NTIA hopes to utilize input received through this request for comments to guide and inform future promotion efforts, including the IPv6 Best Practice Forum being organized for the 2016 Internet Governance Forum, which will be held in December 2016, in Guadalajara, Mexico.4

    4 Internet Governance Forum 2016, available at: http://www.igf2016.mx/.

    Request for Comment

    NTIA invites comment on the following questions, in whole or in part:

    Benefits

    1. What are the benefits of implementing IPv6? For example, what are the direct performance benefits of implementing IPv6 for end users, or for enhanced network security, as compared to IPv4?

    2. What are the expected or unexpected benefits of implementing IPv6?

    Obstacles

    1. What are the biggest obstacles related to IPv6 implementation? For example, is it difficult to access adequate vendor support for IPv6 hardware and/or software? Does successful implementation depend directly on another service provider?

    2. How does an organization overcome those obstacles?

    Incentives

    1. What factors contribute to an organization's decision to implement IPv6?

    2. What additional incentives would be helpful in a decision to implement IPv6?

    3. If one factor made the crucial difference in deciding to implement IPv6, as opposed to not implementing IPv6, what is that factor?

    Motivation

    1. What is typically the driving motivation behind an organization's decision to implement IPv6?

    2. What are the job titles and/or roles of the people within an organization typically involved in a decision to implement IPv6? What are those individuals' primary motivations when it comes to implementing IPv6?

    Return on Investment

    1. What is the anticipated return on an IPv6-related investment? How quickly is a return on investment expected?

    2. Is return on investment a reason to implement IPv6, or is implementation considered a cost of doing business?

    Implementation

    1. How long does the planning process for IPv6 implementation take?

    2. How long does actual implementation of IPv6 typically take? Is implementation a single event or evolutionary?

    Cost of Implementation

    1. What are the different types of costs involved in implementing IPv6? What are the typical magnitudes of each type of cost?

    2. How does an organization cover those costs?

    3. How does an organization justify those costs?

    4. What considerations are there for cost-saving?

    5. What implication does the size of an organization implementing IPv6 have on cost?

    Promotional Efforts

    1. What promotional efforts, if any, should NTIA take? What would have the most impact?

    2. What promotional efforts, if any, are being led by the private sector? Have they been effective?

    3. Which additional stakeholders should NTIA target? What is the most effective forum?

    4. Should NTIA partner with any particular stakeholder group?

    Additional Issues: NTIA invites commenters to provide any additional information on other issues not identified in this RFC that could contribute to NTIA's understanding of the considerations that organizations take into account when deciding to proceed with IPv6 implementation, as well as future IPv6 promotional efforts that NTIA may undertake.

    Dated: August 15, 2016. Angela M. Simpson, Deputy Assistant Secretary for Communications and Information.
    [FR Doc. 2016-19722 Filed 8-17-16; 8:45 am] BILLING CODE 3510-60-P
    CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Information Collection; Submission for OMB Review, Comment Request AGENCY:

    Corporation for National and Community Service.

    ACTION:

    Notice.

    SUMMARY:

    The Corporation for National and Community Service (CNCS) has submitted a public information collection request (ICR) entitled AmeriCorps NCCC's (National Civilian Community Corps) Member Experience Survey for review and approval in accordance with the Paperwork Reduction Act of 1995, Public Law 104-13, (44 U.S.C. Chapter 35). Copies of this ICR, with applicable supporting documentation, may be obtained by calling the Corporation for National and Community Service, Terry Grant, at 202 606 6899 or email to [email protected]. Individuals who use a telecommunications device for the deaf (TTY-TDD) may call 1-800-833-3722 between 8:00 a.m. and 8:00 p.m. Eastern Time, Monday through Friday.

    DATES:

    Comments may be submitted, identified by the title of the information collection activity, within September 19, 2016.

    ADDRESSES:

    Comments may be submitted, identified by the title of the information collection activity, to the Office of Information and Regulatory Affairs, Attn: Ms. Sharon Mar, OMB Desk Officer for the Corporation for National and Community Service, by any of the following two methods within 30 days from the date of publication in the Federal Register:

    (1) By fax to: 202-395-6974, Attention: Ms. Sharon Mar, OMB Desk Officer for the Corporation for National and Community Service; or

    (2) By email to: [email protected].

    SUPPLEMENTARY INFORMATION:

    The OMB is particularly interested in comments which:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of CNCS, including whether the information will have practical utility;

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

    • Propose ways to enhance the quality, utility, and clarity of the information to be collected; and

    • Propose 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

    A 60-day Notice requesting public comment was published in the Federal Register on March 30, 2016, at Vol. 81, No. 61 FR 17686-17687. This comment period ended May 31, 2016. No public comments were received from this Notice.

    Description: This is a new information collection request. This survey was developed to support NCCC performance measurement for use in program development, funding, and evaluation. The survey instrument will be completed by NCCC Members following the completion of their service term. In particular, this survey will be administered to NCCC Members who are exiting early or have already exited early from the AmeriCorps NCCC program. Completion of this information collection is not required for the completion of a service term with NCCC.

    Type of Review: New.

    Agency: Corporation for National and Community Service.

    Title: NCCC Member Experience Survey.

    OMB Number: TBD.

    Agency Number: None.

    Affected Public: The NCCC Member Experience Survey will be administered to former NCCC Members.

    Total Respondents: Approximately 450.

    Frequency: Each respondent will complete only one survey for their most recent service term.

    Average Time per Response: 25 minutes.

    Estimated Total Burden Hours: 187.5 hours.

    Total Burden Cost (capital/startup): None.

    Total Burden Cost (operating/maintenance): None.

    Dated: August 11, 2016. Charles Davenport, Acting Director, National Civilian Community Corps.
    [FR Doc. 2016-19655 Filed 8-17-16; 8:45 am] BILLING CODE 6050-28-P
    DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Intent To Prepare a Draft Environmental Impact Statement for the Proposed Flood Risk Management Project for the Souris River Basin, North Dakota AGENCY:

    U.S. Army Corps of Engineers, DoD.

    ACTION:

    Notice of intent.

    SUMMARY:

    The St. Paul District, Army Corps of Engineers, in partnership with the Souris River Joint Water Resources Board (SRJB), is conducting a flood risk management feasibility study for the Souris River Basin within the continental United States. The feasibility study will include an Environmental Impact Statement and consider opportunities to reduce flood risk within Bonnineau, McHenry, Ward, and Renville counties, North Dakota. The study will evaluate several alternative measures, including, but not limited to: Levees and floodwalls, diversion channels, non-structural flood proofing, relocation of flood-prone structures, and flood storage.

    FOR FURTHER INFORMATION CONTACT:

    Questions about the proposed action and Environmental Impact Statement may be directed to: U.S. Army Corps of Engineers, St. Paul District, ATTN: Mr. Terry J. Birkenstock, Deputy Chief, Regional Planning & Environment Division North, 180 Fifth Street East, Suite 700, St. Paul, MN 55101-1678; telephone: (651) 290-5264; email [email protected].

    SUPPLEMENTARY INFORMATION:

    The Souris River (alternatively known as the Mouse River) is approximately 435 miles long. The river begins in the southeastern portion of the Canadian province of Saskatchewan, flows south and east through Renville, Ward, McHenry, and Bottineau counties, North Dakota, and then turns north before returning to Canada in southwest Manitoba. The river flows through the cities of Burlington, Minot, Sawyer, and Velva, North Dakota. Key features associated with the river include the Lake Darling Dam, the Upper Souris National Wildlife Refuge, and the J. Clark Salyer National Wildlife Refuge. The Des Lacs River is a major tributary that joins the Souris River at Burlington, North Dakota.

    The purpose of this study is to collect and evaluate pertinent engineering, economic, social, and environmental information in order to assess the potential for a federal flood risk management project within the basin. The study objective is to define a feasible and implementable project to reduce flood risk which is relatively high within the basin. In June 2011, heavy rains in the upstream portions of the watershed exceeded the storage capacity of upstream reservoirs already full from the April snowmelt. Flows in excess of 26,900 cubic feet per second (cfs) overwhelmed the existing Federal flood risk management projects (designed to pass 5,000 cfs from Burlington to Minot) and emergency flood fighting efforts, causing over $690 million in damages to more than 4,700 structures.

    Following the 2011 flood, a non-Federal local flood risk management study was initiated by the North Dakota State Water Commission in response to a request for assistance from the SRJB. The scope of the non-Federal study, identified as the Mouse River Enhanced Flood Protection Plan (MREFPP), differs from the Federal study and is primarily focused on flood protection specifically for the city of Minot. Because of its influence on an existing federal flood project, this non-federal effort has requested permission from the Corps of Engineers to pursue actions under 33 U.S.C. 408 (frequently referred to as Section 408). A separate Notice of Intent was published (FR Doc. 2015-17670 Filed 7-16-15) for an EIS associated with the Corps of Engineers' decision on the Section 408 request. However, this Notice of Intent involves an EIS with broader consideration of flood risk across the basin. Additional details on the local, non-federal flood MREFPP can be found at mouseriverplan.com.

    This Souris River Basin Flood Risk Management Feasibility Study and its associated NEPA documentation will be prepared by the Corps. The Corps will act as the lead agency and coordinate with other agencies to discuss their participation in the NEPA process. The study will broadly evaluate several alternative measures including, but not limited to: levees and floodwalls along the river through towns, diversion channels, non-structural flood-proofing, relocation of flood-prone structures, and flood storage.

    Significant resources and issues to be addressed in the draft Environmental Impact Statement will be determined through coordination with Federal agencies, State agencies, local governments, the general public, interested private organizations, and industry. Anyone who has an interest in participating in the development of the Draft Environmental Impact Statement is invited to contact the St. Paul District, Corps of Engineers.

    To date, the following areas of discussion have been identified for inclusion in the DEIS:

    1. Flood damage reduction.

    2. Effects to Fish and wildlife.

    3. Land-use Effects (effects on agricultural land).

    4. Effects to Archaeological, cultural, and historic resources.

    5. Social Effects.

    6. Effects to Groundwater.

    Additional areas of interest may be identified through the scoping process, which will include pubic and agency meetings. A notice of those meetings will be provided to interested parties and to local news media.

    The Corps anticipates holding a series of scoping meetings sometime in October, 2016 in the City of Minot and surrounding communities. In general, the meetings will begin with an open house and be followed by a presentation and question and answer session.

    An environmental review will be conducted under the NEPA of 1969 and other applicable laws and regulations. It is anticipated that the DEIS will be available for public review in the fall of 2017.

    Dated: August 11, 2016. Terry J. Birkenstock, Deputy Chief, Regional Planning and Environment Division North.
    [FR Doc. 2016-19738 Filed 8-17-16; 8:45 am] BILLING CODE 3720-58-P
    DEPARTMENT OF ENERGY Electricity Advisory Committee AGENCY:

    Office of Electricity Delivery and Energy Reliability, Department of Energy.

    ACTION:

    Notice of renewal.

    SUMMARY:

    Pursuant to Section 14(a)(2)(A) of the Federal Advisory Committee Act, and in accordance with Title 41 of the Code of Federal Regulations, section 102-3.65(a), and following consultation with the Committee Management Secretariat, General Services Administration, notice is hereby given that the Electricity Advisory Committee's (EAC) charter has been renewed for a two-year period beginning on August 8, 2014.

    The Committee will provide advice and recommendations to the Assistant Secretary for Electricity Delivery and Energy Reliability on programs to modernize the Nation's electric power system.

    Additionally, the renewal of the EAC has been determined to be essential to conduct Department of Energy business and to be in the public interest in connection with the performance of duties imposed upon the Department of Energy by law and agreement. The Committee will continue to operate in accordance with the provisions of the Federal Advisory Committee Act, adhering to the rules and regulations in implementation of that Act.

    FOR FURTHER INFORMATION CONTACT:

    Matt Rosenbaum, Designated Federal Officer at (202) 586-1060.

    Issued in Washington, DC, on August 8, 2016. Amy Bodette, Committee Management Officer.
    [FR Doc. 2016-19525 Filed 8-17-16; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation AGENCY:

    Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Oak Ridge Reservation. The Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the Federal Register.

    DATES:

    Wednesday, September 14, 2016, 6:00 p.m.

    ADDRESSES:

    Olive Garden Meeting Room, 7206 Kingston Pike, Knoxville, Tennessee 37919.

    FOR FURTHER INFORMATION CONTACT:

    Melyssa P. Noe, Alternate Deputy Designated Federal Officer, U.S. Department of Energy, Oak Ridge Office of Environmental Management, P.O. Box 2001, EM-942, Oak Ridge, TN 37831. Phone (865) 241-3315; Fax (865) 241-6932; E-Mail: [email protected]. Or visit the Web site at www.energy.gov/orssab.

    SUPPLEMENTARY INFORMATION:

    Purpose of the Board: The purpose of the Board is to make recommendations to DOE-EM and site management in the areas of environmental restoration, waste management, and related activities.

    Tentative Agenda:

    • Welcome and Announcements • Comments from the Deputy Designated Federal Officer (DDFO) • Comments from the DOE, Tennessee Department of Environment and Conservation, and Environmental Protection Agency Liaisons • Public Comment Period • Discussion: Vision 2020—Planning for the Future of East Tennessee Technology Park, including Reuse, Historic Preservation and Stewardship • Additions/Approval of Agenda • Motions/Approval of June 8, 2016 Meeting Minutes • Status of Recommendations with DOE • Committee Reports • Alternate DDFO Report • Adjourn

    Public Participation: The EM SSAB, Oak Ridge, welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Melyssa P. Noe at least seven days in advance of the meeting at the phone number listed above. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to the agenda item should contact Melyssa P. Noe at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comments will be provided a maximum of five minutes to present their comments.

    Minutes: Minutes will be available by writing or calling Melyssa P. Noe at the address and phone number listed above. Minutes will also be available at the following Web site: www.energy.gov/orssab.

    Issued at Washington, DC, on August 12, 2016. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2016-19719 Filed 8-17-16; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP16-488-000] Natural Gas Pipeline Company of America, LLC; Notice of Application

    Take notice that on August 1, 2016, Natural Gas Pipeline Company of America, LLC (Natural), 3250 Lacey Road, Suite 700, Downers Grove, IL 60515, filed an application under sections 7(b) and 7(c) of the Natural Gas Act (NGA), and Part 157 of the Commission's regulations, requesting authorization to construct and operate a new compressor station and associated pipeline lateral located in Cass County, Texas (Gulf Coast Expansion Project). Natural is also requesting authorization to abandon two compressor units at its Compressor Station 301 in Wharton County, Texas, all as more fully set forth in the application which is on file with the Commission and open for public inspection.

    Natural proposes to provide long-term firm transportation service to two shippers that have subscribed to the capacity created by the Project. The Project capacity is developed through the integration of existing capacity and expansion capacity of 240,000 Dth/day which will enable Natural to transport 460,000 Dth per day of natural gas supplies to an existing delivery point and a new delivery point in the South Texas Gulf Coast area. The project shippers have elected negotiated rates. Natural proposes to construct a new 15,900 horsepower compressor station on its Gulf Coast Line, and a new 4,000-foot, 30-inch lateral to connect the proposed compressor to Natural's existing A/G Line. Natural also proposes to abandon 5,600 hp of existing compression on its system. Total cost of the project is $69,399,000.

    The filing may also be viewed on the Web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC at [email protected] or toll free at (866) 208-3676, or TTY, (202) 502-8659.

    Any questions regarding the proposed project should be directed to Bruce H. Newsome, Vice President, Natural Gas Pipeline Company of America, LLC, 3250 Lacey Road, Suite 700, Downers Grove, IL 60515, or by calling (630) 725-3070 (telephone) or email at [email protected]

    Pursuant to Section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

    There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 7 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

    However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental 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 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    Comment Date: September 2, 2016.

    Dated: August 12, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-19752 Filed 8-17-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP16-489-000] Notice of Request Under Blanket Authorization: WBI Energy Transmission, Inc.

    Take notice that on August 5, 2016, WBI Energy Transmission, Inc. (WBI Energy), 1250 West Century Avenue, Bismarck, North Dakota 58503, filed in Docket No. CP16-489-000 a prior notice request pursuant to § 157.205, 157.210, and 157.216(b) of the Commission's regulations under the Natural Gas Act (NGA), as amended, requesting authorization to construct, operate, and abandon certain natural gas facilities in McKenzie and Williams Counties, North Dakota. WBI Energy states that the proposed activities will allow it to deliver 62,000 dekatherms per day of natural gas transportation service. WBI Energy estimates the cost of the proposed facilities to be approximately $18.4 million, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing may also be viewed on the web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or TTY, contact (202) 502-8659.

    Specifically, WBI Energy proposes to: (1) Install two new compressor units, totaling 5,325 horsepower (HP), at its Charbonneau Station located in McKenzie County, North Dakota; (2) install a new 1,380 HP compressor unit at its Williston Station located in Williams County, North Dakota; (3) construct a new 750 HP compressor station (Tioga Station) located in Williams County, North Dakota; (4) construct approximately 2,850 feet of 8-inch-diameter pipeline located in Williams County, North Dakota; and (5) abandon in-place approximately 1,375 feet of 8-inch-diameter pipeline located in Williams County, North Dakota.

    Any questions concerning this application may be directed to Lori Myerchin, Manager, Regulatory Affairs, WBI Energy Transmission, Inc., 1250 West Century Avenue, Bismarck, North Dakota 58503, by telephone at (701) 530-1563 or by email at [email protected]

    Any person or the Commission's staff may, within 60 days after issuance of the instant notice by the Commission, file pursuant to Rule 214 of the Commission's Procedural Rules (18 CFR 385.214) a motion to intervene or notice of intervention and pursuant to § 157.205 of the regulations under the NGA (18 CFR 157.205), a protest to the request. If no protest is filed within the time allowed therefore, the proposed activity shall be deemed to be authorized effective the day after the time allowed for filing a protest. If a protest is filed and not withdrawn within 30 days after the allowed time for filing a protest, the instant request shall be treated as an application for authorization pursuant to section 7 of the NGA.

    Pursuant to § 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.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenter's will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenter's will not be required to serve copies of filed documents on all other parties. However, the non-party commentary, will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 7 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    Dated: August 12, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-19753 Filed 8-17-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER16-2393-000] Innovative Solar 31, 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 Innovative Solar 31, 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 September 1, 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: August 12, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-19754 Filed 8-17-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 5073-096] Benton Falls Associates, New York LP, Everett E. Whitman; Notice of Application for Transfer of License and Soliciting Comments, Motions To Intervene, and Protests

    On August 2, 2016, Benton Falls Associates, New York LP, co-licensee (transferor) filed an application for after-the-fact transfer of license of the Benton Falls Project No. 5073. The project is located on the Sebasticook River in Kennebec County, Maine.

    The applicants seek Commission approval to transfer the license for the Benton Falls Project from Benton Falls Associates, New York LP and Everett E. Whitman (deceased) as co-licensees to Benton Falls Associates, New York LP as the sole licensee.

    Applicants Contact: Mr. Andrew Locke, Benton Falls Associates, L.L.C., c/o Essex Hydro Associates, LLC, 55 Union Street, 4th Floor, Boston, MA 02108, Phone: 617-367-0032, Email: [email protected]

    FERC Contact: Patricia W. Gillis, (202) 502-8735, [email protected]

    Deadline for filing comments, motions to intervene, and protests: 30 days from the date that the Commission issues this notice. The Commission strongly encourages electronic filing. Please file comments, motions to intervene, and protests using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number P-5073-096.

    Dated: August 12, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-19755 Filed 8-17-16; 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: EC16-166-000.

    Applicants: CXA Sundevil Power I, Inc., CXA Sundevil Power II, Inc., Sundevil Power Holdings, LLC.

    Description: Joint Application for Authorization Under Section 203 of the Federal Power Act, Request for Waiver of Certain Commission Requirements, and Request for Expedited Treatment of CXA Sundevil Power I, Inc., et al.

    Filed Date: 8/11/16.

    Accession Number: 20160811-5214.

    Comments Due: 5 p.m. ET 9/1/16.

    Take notice that the Commission received the following exempt wholesale generator filings:

    Docket Numbers: EG16-135-000.

    Applicants: Oregon Clean Energy, LLC.

    Description: Oregon Clean Energy, LLC Notice of Self-Certification of Exempt Wholesale Generator Status.

    Filed Date: 8/12/16.

    Accession Number: 20160812-5068.

    Comments Due: 5 p.m. ET 9/2/16.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER16-1732-001; ER10-2743-009; ER10-1854-007; ER10-2755-012; ER16-1652-002; ER10-2739-014; ER11-3320-007; ER10-2751-009; ER10-2744-008; ER16-2406-001; ER16-2405-001; ER13-2316-005; ER10-1631-007; ER14-19-005.

    Applicants: Aurora Generation, LLC, Bluegrass Generation Company, L.L.C., Doswell Limited Partnership, Las Vegas Power Company, LLC, LifeEnergy, LLC, LS Power Marketing, LLC, LSP University Park, LLC, Renaissance Power, L.L.C., Riverside Generating Company, L.L.C., Rockford Power, LLC, Rockford Power II, LLC, Seneca Generation, LLC, University Park Energy, LLC, West Deptford Energy, LLC.

    Description: Notification of Change in Status of the LS PJM MBR Sellers, et al.

    Filed Date: 8/11/16.

    Accession Number: 20160811-5224.

    Comments Due: 5 p.m. ET 9/1/16.

    Docket Numbers: ER16-1920-001.

    Applicants: Tucson Electric Power Company.

    Description: Compliance filing: Tariff Record Correction to be effective 8/15/2016.

    Filed Date: 8/12/16.

    Accession Number: 20160812-5117.

    Comments Due: 5 p.m. ET 9/2/16.

    Docket Numbers: ER16-2410-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 2208R2 Ensign Wind, LLC GIA Cancellation to be effective 5/13/2016.

    Filed Date: 8/12/16.

    Accession Number: 20160812-5042.

    Comments Due: 5 p.m. ET 9/2/16.

    Docket Numbers: ER16-2411-000.

    Applicants: Luning Energy Holdings LLC.

    Description: Baseline eTariff Filing: Application for Market-Based Rate Authorization to be effective 10/12/2016.

    Filed Date: 8/12/16.

    Accession Number: 20160812-5049.

    Comments Due: 5 p.m. ET 9/2/16.

    Docket Numbers: ER16-2411-001.

    Applicants: Luning Energy Holdings LLC.

    Description: Tariff Amendment: Supplement to Application for Market-Based Rate Authorization to be effective 10/12/2016.

    Filed Date: 8/12/16.

    Accession Number: 20160812-5052.

    Comments Due: 5 p.m. ET 9/2/16

    Docket Numbers: ER16-2412-000.

    Applicants: Luning Energy LLC.

    Description: Baseline eTariff Filing: Application for Market-Based Rate Authorization to be effective 10/12/2016.

    Filed Date: 8/12/16

    Accession Number: 20160812-5050.

    Comments Due: 5 p.m. ET 9/2/16.

    Docket Numbers: ER16-2412-001.

    Applicants: Luning Energy LLC.

    Description: Tariff Amendment: Supplement to Application for Market-Based Rate Authorization to be effective 10/12/2016.

    Filed Date: 8/12/16.

    Accession Number: 20160812-5053.

    Comments Due: 5 p.m. ET 9/2/16.

    Docket Numbers: ER16-2413-000.

    Applicants: Liberty Utilities (Granite State Electric) Corp.

    Description: § 205(d) Rate Filing: Borderline Sales Rate Sheet Update 2016 to be effective 7/1/2016.

    Filed Date: 8/12/16.

    Accession Number: 20160812-5078.

    Comments Due: 5 p.m. ET 9/2/16.

    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: August 12, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-19756 Filed 8-17-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER16-2414-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Service Agreement Nos. 4511 and 4512, Queue Positions AB1-127 and AB1-128 to be effective 7/13/2016.

    Filed Date: 8/12/16.

    Accession Number: 20160812-5145.

    Comments Due: 5 p.m. ET 9/2/16.

    Docket Numbers: ER16-2415-000.

    Applicants: ISO New England Inc.

    Description: ISO New England Inc. submits Second Quarter 2016 Capital Budget Report.

    Filed Date: 8/12/16.

    Accession Number: 20160812-5153.

    Comments Due: 5 p.m. ET 9/2/16.

    Docket Numbers: ER16-2416-000.

    Applicants: Central Maine Power Company.

    Description: § 205(d) Rate Filing: Amended CSIA with Brookfield White Pine Hydro LLC to be effective 8/1/2016.

    Filed Date: 8/12/16.

    Accession Number: 20160812-5160.

    Comments Due: 5 p.m. ET 9/2/16.

    Docket Numbers: ER16-2417-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Compliance filing: 2016-08-12_Removal of MVP Pricing Limitation to PJM (ER10-1791) to be effective 7/13/2016.

    Filed Date: 8/12/16.

    Accession Number: 20160812-5197.

    Comments Due: 5 p.m. ET 9/2/16.

    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: August 12, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-19750 Filed 8-17-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Schedule for Environmental Review of the Atlantic Coast Pipeline and the Supply Header Project Docket Nos. Atlantic Coast Pipeline, CP15-554-000 LLC CP15-554-001 Dominion Transmission, Inc CP15-555-000

    On September 18, 2015, Atlantic Coast Pipeline, LLC (Atlantic) and Dominion Transmission, Inc. (Dominion) filed applications in Docket Nos. CP15-554-000 and CP15-555-000 requesting a Certificate of Public Convenience and Necessity pursuant to Sections 7(b) and 7(c) of the Natural Gas Act to construct, operate, and maintain certain natural gas pipeline facilities. Atlantic's proposed Atlantic Coast Pipeline in West Virginia, Virginia, and North Carolina would transport about 1.5 billion cubic feet per day of natural gas from production areas in the Appalachian Basin to markets in Virginia and North Carolina. Dominion's proposed Supply Header Project in Pennsylvania and West Virginia would allow additional gas transportation on its existing system and would transport gas to various customers, including Atlantic. Because these are interrelated projects, the Federal Energy Regulatory Commission (FERC or Commission) deemed it was appropriate to analyze them in a single environmental impact statement (EIS).

    On October 2, 2015, the FERC issued its Notice of Application for the projects. Among other things, that notice alerted other agencies issuing federal authorizations of the requirement to complete all necessary reviews and to reach a final decision on the request for a federal authorization within 90 days of the date of issuance of the Commission staff's final EIS for the Atlantic Coast Pipeline and Supply Header Project. This instant notice identifies the FERC staff's planned schedule for completion of the final EIS for the projects, which is based on an issuance of the draft EIS in December 2016.

    Schedule for Environmental Review

    Issuance of Notice of Availability of the final EIS: June 30, 2017.

    90-day Federal Authorization Decision Deadline: September 28, 2017.

    If a schedule change becomes necessary for the final EIS, an additional notice will be provided so that the relevant agencies are kept informed of the projects' progress.

    Project Description

    The Atlantic Coast Pipeline consists of 333.1 miles of 42-inch-diameter mainline pipeline in West Virginia, Virginia, and North Carolina; 186.0 miles of 36-inch-diameter mainline pipeline in North Carolina; 83.0 miles of 20-inch-diameter lateral pipeline in North Carolina and Virginia; and two short 16-inch-diameter lateral pipelines in Brunswick and Greenville Counties, Virginia. In addition, Atlantic proposes to construct and operate three new compressor stations totaling 130,345 horsepower in Lewis County, West Virginia; Buckingham County, Virginia; and Northampton County, North Carolina, along with other aboveground facilities along the mainline and lateral pipelines.

    The Supply Header Project consists of 3.9 miles of 30-inch-diameter pipeline loop in Westmoreland County, Pennsylvania; 33.6 miles of 30-inch-diameter pipeline loop in West Virginia; and modifications to four existing compressor stations in Westmoreland County, Pennsylvania; Greene County, Pennsylvania; and Marshall and Wetzel Counties, West Virginia.

    Background

    On November 13, 2014, the Commission staff granted Atlantic's and Dominion's request to use the FERC's Pre-filing environmental review process and assigned the Atlantic Coast Pipeline temporary Docket No. PF15-6-000 and the Supply Header Project temporary Docket No. PF15-5-000. On February 27, 2015, the Commission issued a Notice of Intent to Prepare an Environmental Impact Statement for the Planned Supply Header Project and Atlantic Coast Pipeline Project, Request for Comments on Environmental Issues, and Notice of Public Scoping Meetings (NOI). On March 22, 2016, the FERC issued a Notice of Amendment to Application announcing that Atlantic had filed an amendment to its application. On May 3, 2016, the Commission issued a Supplemental NOI that discussed the amendments to Atlantic's application and opened a scoping period for route modifications that Atlantic incorporated into the Atlantic Coast Pipeline.

    The NOIs were sent to our environmental mailing list that include federal, state, and local government agencies; elected officials; affected landowners; regional environmental groups and nongovernmental organizations; Native Americans and Indian tribes; local libraries and newspapers; and other interested parties. Major environmental issues raised during scoping included karst terrain and caves; impacts on groundwater and springs, drinking water supplies, and surface waterbodies; impacts on forest; impacts on property values and the use of eminent domain; impacts on tourism; impacts on public recreational areas such as the Monongahela and George Washington National Forests, Appalachian National Scenic Trail, and the Blue Ridge Parkway; impacts on historic properties and districts; and pipeline safety.

    The U.S. Department of Agriculture, Forest Service, Monongahela National Forest and George Washington National Forest; U.S. Army Corps of Engineers; U.S. Environmental Protection Agency; U.S. Fish and Wildlife Service, Great Dismal Swamp National Wildlife Refuge; West Virginia Department of Environmental Protection; and West Virginia Division of Natural Resources are cooperating agencies in the preparation of the EIS.

    Additional Information

    In order to receive notification of the issuance of the EIS and to keep track of all formal issuances and submittals in specific dockets, the Commission offers a free service called eSubscription (http://www.ferc.gov/docs-filing/esubscription.asp). Additional data about the projects can be obtained electronically through the Commission's Internet Web site (www.ferc.gov). Under “Dockets & Filings,” use the “eLibrary” link, select “General Search” from the menu, enter the docket numbers excluding the last three digits (i.e., CP15-554 or CP15-555), and the search dates. Questions about the projects can be directed to the Commission's Office of External Affairs at (866) 208-FERC.

    Dated: August 12, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-19751 Filed 8-17-16; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9951-02—Region 1] Program Requirement Revisions Related to the Public Water System Supervision Programs for the Commonwealth of Massachusetts, the State of Rhode Island and the State of Vermont AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the Commonwealth of Massachusetts, the State of Rhode Island and the State of Vermont are in the process of revising their respective approved Public Water System Supervision (PWSS) programs to meet the requirements of the Safe Drinking Water Act (SDWA).

    The Commonwealth of Massachusetts has adopted drinking water regulations for the Ground Water Rule (71 FR 65574) promulgated on November 8, 2006, the Long Term 2 Enhanced Surface Water Treatment Rule (71 FR 654) promulgated on January 5, 2006, and the Stage 2 Disinfectant and Disinfection Byproducts Rule (71 FR 388) promulgated on January 4, 2006. After review of the submitted documentation, the Environmental Protection Agency (EPA) has determined that the Commonwealth of Massachusetts' Ground Water Rule, Long Term 2 Enhanced Surface Water Treatment Rule, and Stage 2 Disinfectant and Disinfection Byproducts Rule are no less stringent than the corresponding federal regulations. Therefore, EPA intends to approve Massachusetts' PWSS program revision for these rules.

    The State of Rhode Island has adopted drinking water regulations for the Lead and Copper Rule (56 FR 26460-26564) promulgated on June 7, 1991, the Lead and Copper Minor Revisions Rule (65 FR 1950) promulgated on January 12, 2000, the Lead and Copper Short-Term Revisions Rule (72 FR 57782) promulgated on October 10, 2007, the Ground Water Rule (71 FR 65574) promulgated on November 8, 2006, and the Stage 2 Disinfectant and Disinfection Byproducts Rule (71 FR 388) promulgated on January 4, 2006. After review of the submitted documentation, EPA has determined that the State of Rhode Island's Lead and Copper Rule, Lead and Copper Short-Term Revisions Rule, Lead and Copper Minor Revisions Rule, Ground Water Rule, and Stage 2 Disinfectant and Disinfection Byproducts Rule are no less stringent than the corresponding federal regulations, with the understanding that the state regulations include a small number of typographical errors or other very minor, non-substantive differences that the state has agreed to correct. These issues are discussed in further detail in EPA's administrative record. Therefore, EPA intends to approve Rhode Island's PWSS program revision for these rules.

    The State of Vermont has adopted drinking water regulations for the Ground Water Rule (71 FR 65574) promulgated on November 6, 2008, the Long Term 2 Enhanced Surface Water Treatment Rule (71 FR 654) promulgated on January 5, 2006, and the Stage 2 Disinfectant and Disinfection Byproducts Rule (71 FR 388) promulgated on January 4, 2006. After review of the submitted documentation, EPA has determined that the State of Vermont's Ground Water Rule, Long Term 2 Enhanced Surface Water Treatment Rule, and Stage 2 Disinfectant and Disinfection Byproducts Rule are no less stringent than the corresponding federal regulations. Therefore, EPA intends to approve Vermont's PWSS program revision for these rules.

    DATES:

    All interested parties may request a public hearing for any of the above EPA determinations. A request for a public hearing must be submitted within thirty (30) days of this Federal Register publication date to the Regional Administrator at the address shown below. Frivolous or insubstantial requests for a hearing may be denied by the Regional Administrator. However, if a substantial request for a public hearing is made by this date, a public hearing will be held. If no timely and appropriate request for a hearing is received, and the Regional Administrator does not elect to hold a hearing on his/her own motion, this determination shall become final and effective 30 days after the publication of this Federal Register Notice. Any request for a public hearing shall include the following information: (1) The name, address, and telephone number of the individual organization, or other entity requesting a hearing; (2) a brief statement of the requesting person's interest in the Regional Administrator's determination; (3) information that the requesting person intends to submit at such hearing; and (4) the signature of the individual making the request, or if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity.

    ADDRESSES:

    All documents relating to this determination are available for inspection between the hours of 8:30 a.m. and 4:00 p.m., Monday through Friday, at the following office(s):

    U.S. Environmental Protection Agency, Office of Ecosystem Protection, 5 Post Office Square, Suite 100, Boston, MA 02109-3912. For documents specific to that State: Massachusetts Department of Environmental Protection, Division of Water Supply, 1 Winter Street, 6th Floor, Boston, MA 02108. Rhode Island Department of Public Health, Division of Drinking Water Quality, 3 Capitol Hill, Providence, RI 02908-5097. Vermont Department of Environmental Conservation, Water Supply Division, Agency of Natural Resources, 103 South Main Street, Old Pantry Building, Waterbury, VT 05671-0403.
    FOR FURTHER INFORMATION:

    Jeri Weiss, U.S. EPA—New England, Office of Ecosystem Protection (telephone 617-918-1568).

    Authority:

    Section 1401 (42 U.S.C. 300f) and Section 1413 (42 U.S.C. 300g-2) of the Safe Drinking Water Act, as amended (1996), and (40 CFR 142.10) of the National Primary Drinking Water Regulations.

    Dated: August 11, 2016. H. Curtis Spalding, Regional Administrator, EPA—New England.
    [FR Doc. 2016-19786 Filed 8-17-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2015-0021; FRL-9949-75] Pesticide Product Registrations; Receipt of Applications for New Active Ingredients AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA has received applications to register pesticide products containing active ingredients not included in any currently registered pesticide products. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.

    DATES:

    Comments must be received on or before September 19, 2016.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number and the File Symbol of interest as shown in the body of this document, 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 (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?

    You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    B. What should I consider as I prepare my comments for EPA?

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

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    II. Registration Applications

    EPA has received applications to register pesticide products containing active ingredients not included in any currently registered pesticide products. Pursuant to the provisions of FIFRA section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA is hereby providing notice of receipt and opportunity to comment on these applications. Notice of receipt of these applications does not imply a decision by the Agency on these applications.

    1. File Symbol: 84059-EI. Docket ID number: EPA-HQ-OPP-2016-0386. Applicant: Marrone Bio Innovations, 1540 Drew Ave., Davis, CA 95618. Product name: MBI-110 EP. Active ingredient: Fungicide and bactericide—Bacillus amyloliquefaciens strain F727 at 96.4%. Proposed use: For control or suppression of fungal and bacterial plant diseases, including those affecting agricultural crops.

    2. File Symbol: 84059-EO. Docket ID number: EPA-HQ-OPP-2016-0386. Applicant: Marrone Bio Innovations, 1540 Drew Ave., Davis, CA 95618. Product name: MBI-110 TGAI. Active ingredient: Fungicide and bactericide—Bacillus amyloliquefaciens strain F727 at 100%. Proposed use: For manufacturing of Bacillus amyloliquefaciens strain F727 pesticide products.

    3. File Symbol: 90866-EN. Docket ID number: EPA-HQ-OPP-2016-0260. Applicant: Spring Trading Co., 203 Dogwood Trl., Magnolia, TX 77354 (on behalf of CH Biotech R&D Co. Ltd., No. 121 Xian An Rd., Xianxi Township, Changhua County 50741 Taiwan). Product name: Triacontanol 20 SP. Active ingredient: Plant regulator—1-Triacontanol at 19.2%. Proposed use: For use on agricultural crops, including cereal grains, fruiting vegetables, stone fruit, nut crops, and cotton.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: August 10, 2016. Robert C. McNally, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.
    [FR Doc. 2016-19762 Filed 8-17-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2014-0009 and EPA-HQ-OPP-2014-0011; FRL-9950-20] Pesticide Product Registration; Receipt of Applications for New Uses and New Active Ingredients AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA has received applications to register pesticide products containing active ingredients not included in any currently registered pesticide products. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.

    DATES:

    Comments must be received on or before September 19, 2016.

    ADDRESSES:

    Submit your comments, identified by the docket identification (ID) number of interest as shown in the body of this document, 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:

    Michael Goodis, Registration Division (7505P), 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?

    You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    B. What should I consider as I prepare my comments for EPA?

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

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    II. Registration Applications

    EPA has received applications to register pesticide products containing active ingredients not included in any currently registered pesticide products. Pursuant to the provisions of FIFRA section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA is hereby providing notice of receipt and opportunity to comment on these applications. Notice of receipt of these applications does not imply a decision by the Agency on these applications.

    A. New Active Ingredients (AI)

    1. File number: 7969-GIO (Versys Insecticide; Decision No. 516387). Docket number: EPA-HQ-OPP-2016-0416. Company name and address: BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528. Active ingredient: Afidopyropen. Proposed uses: Almond hulls; apple, wet pomace; citrus oil; cotton, gin byproducts; cotton, undelinted seed; fruit, citrus, group 10-10; fruit, pome, group 11-10; fruit, stone, group 12-12; nut, tree, group 14-12; plum, prune; soybean, aspirated fractions; soybean, forage; soybean, hay; soybean, seed; vegetable, Brassica, head and stem group 5-13; vegetable, cucurbit, group 9; vegetable, fruiting, group 8-10; vegetable, leaf petioles, subgroup 22B; vegetable, leafy, subgroup 4-13A; vegetable, leafy, subgroup 4-13B; and vegetable, tuberous and corm, subgroup 1C. Contact: Carmen Rodia (703) 306-0327; email: [email protected]

    2. File number: 7969-GON (INSCALIS Technical Insecticide; Decision No. 516381). Docket number: EPA-HQ-OPP-2016-0416. Company name and address: BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528. Active ingredient: Afidopyropen. Proposed uses: Almond hulls; apple, wet pomace; citrus oil; cotton, gin byproducts; cotton, undelinted seed; fruit, citrus, group 10-10; fruit, pome, group 11-10; fruit, stone, group 12-12; nut, tree, group 14-12; plum, prune; soybean, aspirated fractions; soybean, forage; soybean, hay; soybean, seed; vegetable, Brassica, head and stem group 5-13; vegetable, cucurbit, group 9; vegetable, fruiting, group 8-10; vegetable, leaf petioles, subgroup 22B; vegetable, leafy, subgroup 4-13A; vegetable leafy, subgroup 4-13B; and vegetable, tuberous and corm, subgroup 1C. Contact: Carmen Rodia (703) 306-0327; email: [email protected]

    3. File number: 7969-GOR (Sefina Insecticide; Decision No. 516382). Docket number: EPA-HQ-OPP-2016-0416. Company name and address: BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528. Active ingredient: Afidopyropen. Proposed uses: Almond hulls; apple, wet pomace; citrus oil; cotton, gin byproducts; cotton, undelinted seed; fruit, citrus, group 10-10; fruit, pome, group 11-10; fruit, stone, group 12-12; nut, tree, group 14-12; plum, prune; soybean, aspirated fractions; soybean, forage; soybean, hay; soybean, seed; vegetable, Brassica, head and stem group 5-13; vegetable, cucurbit, group 9; vegetable, fruiting, group 8-10; vegetable, leaf petioles, subgroup 22B; vegetable, leafy, subgroup 4-13A; vegetable leafy, subgroup 4-13B; and vegetable, tuberous and corm, subgroup 1C. Contact: Carmen Rodia (703) 306-0327; email: [email protected]

    4. File number: 7969-GOE (Inveris Insecticide; Decision No. 516384). Docket number: EPA-HQ-OPP-2016-0416. Company name and address: BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528. Active ingredient: Afidopyropen. Proposed uses: Almond hulls; apple, wet pomace; citrus oil; cotton, gin byproducts; cotton, undelinted seed; fruit, citrus, group 10-10; fruit, pome, group 11-10; fruit, stone, group 12-12; nut, tree, group 14-12; plum, prune; soybean, aspirated fractions; soybean, forage; soybean, hay; soybean, seed; vegetable, Brassica, head and stem group 5-13; vegetable, cucurbit, group 9; vegetable, fruiting, group 8-10; vegetable, leaf petioles, subgroup 22B; vegetable, leafy, subgroup 4-13A; vegetable leafy, subgroup 4-13B; and vegetable, tuberous and corm, subgroup 1C. Contact: Carmen Rodia (703) 306-0327; email: [email protected].

    5. File number: 7969-GOG (Ventigra Insecticide; Decision No. 516386). Docket number: EPA-HQ-OPP-2016-0416. Company name and address: BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709-3528. Active ingredient: Afidopyropen. Proposed uses: Almond hulls; apple, wet pomace; citrus oil; cotton, gin byproducts; cotton, undelinted seed; fruit, citrus, group 10-10; fruit, pome, group 11-10; fruit, stone, group 12-12; nut, tree, group 14-12; plum, prune; soybean, aspirated fractions; soybean, forage; soybean, hay; soybean, seed; vegetable, Brassica, head and stem group 5-13; vegetable, cucurbit, group 9; vegetable, fruiting, group 8-10; vegetable, leaf petioles, subgroup 22B; vegetable, leafy, subgroup 4-13A; vegetable leafy, subgroup 4-13B; and vegetable, tuberous and corm, subgroup 1C. Contact: Carmen Rodia (703) 306-0327; email: [email protected].

    6. File number: 42750-GRR (Hexythiazox 1E; Decision No. 517092). Docket number: EPA-HQ-OPP-2015-0339. Company name and address: Albraugh, LLC, P.O. Box 2127, Valdosta, GA 31604-2127. Active ingredient: Hexythiazox. Proposed uses: Alfalfa (West of the Rockies); beans, dry and succulent (Western United States only); citrus (CA, AZ and TX only); corn, field; corn, sweet (including ears and forage) (Western United States only); cotton (CA, AZ and TX only); Christmas tree, Christmas tree plantations; greenhouse tomatoes; non-bearing tree fruits and nuts, citrus, and vines (field grown and nursery); pepper/eggplant subgroup 8-10B; pome fruit group 11-10; potatoes (OR, WA and ID only); small fruit, vine climbing subgroup, except fuzzy kiwifruit 13-07F; sorghum (Western United States only, including OK and TX); stone fruits group, including plum; timothy (West of the Rockies); and tree nuts group and pistachios. Contact: Carmen Rodia (703) 306-0327; email: [email protected].

    7. File number: 42750-GRE (Hexythiazox Technical; Decision No. 517095-2). Docket number: EPA-HQ-OPP-2015-0339. Company name and address: Albraugh, LLC, P.O. Box 2127, Valdosta, GA 31604-2127. Active ingredient: Hexythiazox. Proposed uses: Alfalfa (West of the Rockies); beans, dry and succulent (Western United States only); citrus (CA, AZ and TX only); corn, field; corn, sweet (including ears and forage) (Western United States only); cotton (CA, AZ and TX only); Christmas tree, Christmas tree plantations; greenhouse tomatoes; non-bearing tree fruits and nuts, citrus, and vines (field grown and nursery); pepper/eggplant subgroup 8-10B; pome fruit group 11-10; potatoes (OR, WA, and ID only); small fruit, vine climbing subgroup, except fuzzy kiwifruit 13-07F; sorghum (Western United States only, including OK and TX); stone fruits group, including plum; timothy (West of the Rockies); and tree nuts group and pistachios. Contact: Katelynn King (703) 347-0193; email: [email protected].

    8. File number: 91234-RO (A103.02; Decision No. 518428). Docket number: EPA-HQ-OPP-2016-0452. Company name and address: Atticus, LLC., c/o Pyxis Regulatory Consulting, Inc., 4110 136th Street, Gig Harbor, WA 98332. Active ingredient: Chlorfenapyr. Proposed uses: Fruiting vegetables and ornamental crops grown in commercial greenhouses. Contact: Carmen Rodi (703) 306-0327; email: [email protected].

    B. Addition of New Food Uses on Previously Registered Pesticide Products

    1. Registration number: 71512-7 (Technical Flonicamid Insecticide; Decision No. 513683). Docket number: EPA-HQ-OPP-2011-0985. Company name and address: ISK Bioscience Corporation, 7470 Auburn Road, Suite A, Concord, OH 44077. Active ingredient: Flonicamid. Proposed uses: Citrus. Contact: Carmen Rodia (703) 306-0327; email: [email protected].

    2. Registration number: 71512-9 (Flonicamid 50WG; Decision No. 513688). Docket number: EPA-HQ-OPP-2011-0985. Company name and address: ISK Bioscience Corporation, 7470 Auburn Road, Suite A, Concord, OH 44077. Active ingredient: Flonicamid. Proposed use: Citrus. Contact: Carmen Rodia (703) 306-0327; email: [email protected].

    3. Registration number: 71512-10 (Beleaf 50SG Insecticide; Decision No. 513685). Docket number: EPA-HQ-OPP-2011-0985. Company name and address: ISK Bioscience Corporation, 7470 Auburn Road, Suite A, Concord, OH 44077. Active ingredient: Flonicamid. Proposed use: Citrus. Contact: Carmen Rodia (703) 306-0327; email: [email protected].

    4. Registration number: 71512-14 (Flonicamid 50WG for Manufacturing and Repacking Use Only; Decision No. 513684). Docket number: EPA-HQ-OPP-2011-0985. Company name and address: ISK Bioscience Corporation, 7470 Auburn Road, Suite A, Concord, OH 44077. Active ingredient: Flonicamid. Proposed use: Citrus. Contact: Carmen Rodia (703) 306-0327; email: [email protected].

    5. Pesticide Petition: 6E8466 (Decision No. 516183). Docket number: EPA-HQ-OPP-2016-0029. Company name and address: Gowan Company, P.O. Box 5569, Yuma, AZ 85366-5569. Active ingredient: Fenazaquin. Proposed use: Import tolerance on tea and pineapple. Contact: Carmen Rodia (703) 306-0327; email: [email protected].

    6. Pesticide Petition: 6E8463 (Decision No. 515700). Docket number: EPA-HQ-OPP-2007-0099. Company name and address: Nichino America, Inc., 4550 New Linden Hill Road, Suite 501, Wilmington, DE 19808-2951. Active ingredient: Flubendiamide. Proposed use: Import tolerance on dried tea. Contact: Carmen Rodia (703) 306-0327; email: [email protected].

    7. Registration number: 10163-277 (Onager Miticide). Docket number: EPA-HQ-OPP-2015-0038. Company name and address: Gowan Company, P.O. Box 5569, Yuma, AZ 85366-5569. Active ingredient: Hexythiazox. Proposed use: Hops. Contact: Katelynn King (703) 347-0193; email: [email protected].

    8. Registration number: 10163-337 (Onager EW). Docket number: EPA-HQ-OPP-2015-0038. Company name and address: Gowan Company, P.O. Box 5569, Yuma, AZ 85366-5569. Active ingredient: Hexythiazox. Proposed use: Hops. Contact: Katelynn King (703) 347-0193; email: [email protected].

    Authority:

    7 U.S.C. 136 et seq.

    Dated: August 10, 2016. Michael Goodis, Acting, Director, Registration Division, Office of Pesticide Programs.
    [FR Doc. 2016-19758 Filed 8-17-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9950-79-Region 1] Notice of Availability of Draft NPDES General Permits for Remediation Activity Discharges in Massachusetts and New Hampshire: The Remediation General Permit AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of Availability of DRAFT NPDES General Permits MAG910000 and NHG910000.

    SUMMARY:

    The Director of the Office of Ecosystem Protection, U.S. Environmental Protection Agency—Region 1 (EPA), is providing a notice of availability of draft National Pollutant Discharge Elimination System (NPDES) general permits for discharges from sites engaged in certain remediation activities to certain waters of the Commonwealth of Massachusetts and the State of New Hampshire. The draft NPDES general permits establish Notice of Intent (NOI), Notice of Change (NOC), and Notice of Termination (NOT) requirements, effluent limitations and requirements, standard and special conditions and best management practice (BMP) requirements for sites that discharge 1.0 million gallons per day or less in Massachusetts and New Hampshire. These general permits replace the Remediation General Permit (RGP) that expired on September 9, 2015.

    DATES:

    Comment on the draft general permits must be received on or before September 19, 2016.

    Public Hearing Information: EPA will hold a public hearing, if necessary, in accordance with 40 CFR 124.12 and will provide interested parties with the opportunity to provide written and/or oral comments for the official administrative record.

    ADDRESSES:

    Comments on the draft RGP shall be submitted by one of the following methods: (1) Email: [email protected]; or (2) Mail: U.S. EPA Region 1, Attn: Shauna Little, 5 Post Office Square, Suite 100, Mail Code OEP06-4, Boston, MA 02109-3912. No facsimiles (faxes) will be accepted.

    The draft RGP is based on an administrative record available for public review at EPA-Region 1, Office of Ecosystem Protection, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109-3912. A reasonable fee may be charged for copying requests. The fact sheet for the draft RGP sets forth principal facts and the significant factual, legal, methodological and policy questions considered in the development of the draft general permit and is available upon request. A brief summary is provided as supplementary information below.

    FOR FURTHER INFORMATION CONTACT:

    Additional information concerning the draft general permits may be obtained between the hours of 9 a.m. and 5 p.m. Monday through Friday, excluding holidays, from Shauna Little, U.S. EPA Region 1, 5 Post Office Square, Suite 100, Mail Code OEP06-4, Boston, MA 02109-3912.; telephone: 617-918-1989; email: [email protected].

    SUPPLEMENTARY INFORMATION:

    General Information: EPA is proposing to reissue two general permits for discharges from sites engaged in remediation activities from eight general categories: (1) Petroleum-related site remediation; (2) Non-petroleum-related site remediation; (3) Contaminated/formerly contaminated site dewatering; (4) Pipeline and tank dewatering; (5) Aquifer pump testing; (6) Well development/rehabilitation; (7) Dewatering/remediation of collection structures; and (8) Dredge-related dewatering. While the draft general permits are two distinct permits, for convenience, EPA has grouped them together in a single document and has provided a single fact sheet. This document refers to the draft general “permit” in the singular. The draft general permit, appendices and fact sheet are available at: http://www.epa.gov/region1/npdes/rgp.html. The draft general permit includes effluent limitations and requirements based on technology-based considerations, best professional judgment (BPJ), and water quality considerations. The effluent limits established in the draft general permit assure that the surface water quality standards of the receiving water(s) are attained and/or maintained. The permit also contains BMP requirements in order to ensure EPA has the information necessary to ensure compliance and to ensure discharges meet water quality standards.

    Obtaining Authorization: In order to obtain authorization to discharge, operators must submit a complete and accurate NOI containing the information in Appendix IV—Part 1 of the draft general permit. Operators with existing discharges must submit a NOI within 90 days of the effective date of the final general permit. Operators with new discharges must submit a NOI at least 30 days prior to initiating discharges and following the effective date of the final general permit. The effective date of the final general permit will be specified in the Federal Register publication of the Notice of Availability of the final permit. Operators must meet the eligibility requirements of the general permit prior to submission of a NOI. An operator will be authorized to discharge under the general permit upon receipt of written notice from EPA following EPA's web posting of the submitted NOI. EPA will authorize the discharge, request additional information, or require the operator to apply for an alternative permit or an individual permit.

    Other Legal Requirements: Endangered Species Act (ESA): EPA has updated the provisions and necessary actions and documentation related to potential impacts to endangered species from facilities seeking coverage under the RGP. EPA has requested concurrence from the appropriate federal services (U.S. Fish and Wildlife Service and National Marine Fisheries Service) in connection with this draft general permit.

    National Historic Preservation Act (NHPA): In accordance with NHPA, EPA has established provisions and documentation requirements for sites seeking coverage under the RGP to ensure that discharges or actions taken under this general permit will not adversely affect historic properties and places.

    Authority:

    This action is being taken under the Clean Water Act, 33 U.S.C. 1251 et seq.

    Dated: August 9, 2016. H. Curtis Spalding, Regional Administrator.
    [FR Doc. 2016-19541 Filed 8-17-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2016-0422; FRL-9949-85] Lambda-Cyhalothrin; Receipt of Application for Emergency Exemption, Solicitation of Public Comment AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA has received a specific exemption request from the Washington State Department of Agriculture to use the pesticide lambda-cyhalothrin (CAS No. 91465-08-6) on asparagus to control the European asparagus aphid. The applicant proposes a use which is supported by the Interregional Research program (IR-4) and has been requested in 5 or more previous years, and a petition for tolerance has not yet been submitted to the Agency. EPA is soliciting public comment before making the decision whether or not to grant the exemption.

    DATES:

    Comments must be received on or before September 2, 2016.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2016-0422, 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:

    Michael Goodis, Registration Division (7505P), 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?

    You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    B. What should I consider as I prepare my comments for EPA?

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

    2. Tips for preparing your comments. When 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 pesticide discussed in this document, compared to the general population.

    II. What action is the Agency taking?

    Under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the EPA Administrator, a federal or state agency may be exempted from any provision of FIFRA if the EPA Administrator determines that emergency conditions exist which require the exemption. The Washington State Department of Agriculture has requested the EPA Administrator to issue a specific exemption for the use of lambda-cyhalothrin on asparagus to control the European asparagus aphid. Information in accordance with 40 CFR part 166 was submitted as part of this request.

    The applicant's submission which provides an explanation of the need for the exemption as well as the proposed use pattern can be found at http://www.regulations.gov in their section 18 emergency exemption request for use of lambda-cyhalothrin on asparagus to control the European asparagus aphid.

    This notice does not constitute a decision by EPA on the application itself. The regulations governing FIFRA section 18 require publication of a notice of receipt of an application for a specific exemption proposing a use which is supported by the IR-4 program and has been requested in 5 or more previous years, and a petition for tolerance has not yet been submitted to the Agency.

    The notice provides an opportunity for public comment on the application. The Agency will review and consider all comments received during the comment period in determining whether to issue the specific exemption requested by the Washington State Department of Agriculture.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: August 10, 2016. Michael Goodis, Director, Registration Division, Office of Pesticide Programs.
    [FR Doc. 2016-19781 Filed 8-17-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2015-0022; FRL-9949-74] Pesticide Product Registrations; Receipt of Applications for New Uses AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA has received applications to register new uses for pesticide products containing currently registered active ingredients. Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and opportunity to comment on these applications.

    DATES:

    Comments must be received on or before September 19, 2016.

    ADDRESSES:

    Submit your comments, identified by the docket identification (ID) number and the File Symbol or Registration Number of interest as shown in the body of this document 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), main telephone number: (703) 305-7090, email address: [email protected]; or Michael Goodis, Registration Division (RD) (7505P), main telephone number: (703) 305-7090, email address: [email protected] The mailing address for each contact person is: Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001. As part of the mailing address, include the contact person's name, division, and mail code. The division to contact is listed at the end of each application summary.

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

    You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    B. What should I consider as I prepare my comments for EPA?

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

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    II. Registration Applications

    EPA has received applications to register new uses for pesticide products containing currently registered active ingredients. Pursuant to the provisions of FIFRA section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA is hereby providing notice of receipt and opportunity to comment on these applications. Notice of receipt of these applications does not imply a decision by the Agency on these applications.

    1. EPA Registration Numbers: 264-1049, 264-1050, 264-1065. Docket ID number: EPA-HQ-OPP-OPP-2016-0255. Applicant: Bayer CropScience, P.O. Box 12014, Research Triangle Park, North Carolina 27709. Active ingredient: Spirotetramat. Product type: Insecticide. Proposed use: Carrot. Contact: RD.

    2. EPA Registration Numbers: 264-1049, 264-1050, 264-1051, 264-1065. Docket ID number: EPA-HQ-OPP-OPP-2016-0255. Applicant: Bayer CropScience, P.O. Box 12014, Research Triangle Park, North Carolina 27709. Active ingredient: Spirotetramat. Product type: Insecticide. Proposed uses: Sugar beet, bushberry subgroup low growing berry (crop subgroups 13-07B and 13-07H). Contact: RD.

    3. EPA Registration Number: 2724-804. Docket ID number: EPA-HQ-OPP-2016-0342. Applicant: Wellmark International; 1501 E. Woodfield Road, Suite 200 West; Schaumburg, IL 60173. Active ingredient: Piperonyl butoxide. Product type: Insecticide. Proposed use: Fungi, edible, group 21. Contact: RD.

    4. EPA Registration Numbers: 42750-85 and 42750-169. Docket ID number: EPA-HQ-OPP-2016-0384. Applicant: Albaugh, LLC, P.O. Box 2127, Valdosta, GA 31604. Active ingredient: Quinclorac. Product type: Herbicide. Proposed uses: Bushberries, caneberries, and asparagus. Contact: RD.

    5. EPA Registration Number: 89459-19. Docket ID number: EPA-HQ-OPP-2016-0342. Applicant: Central Garden and Pet Company; 1501 East Woodfield Road, Suite 200W; Schaumburg, IL 60173. Active ingredient: Piperonyl butoxide. Product type: Insecticide. Proposed use: Fungi, edible, group 21. Contact: RD.

    6. File Symbol: 6218-IT. Docket ID number: EPA-HQ-OPP-2016-0165. Applicant: Summit Chemical Co., 235 S. Kresson St., Baltimore, MD 21224-2616. Active ingredient: Bacillus thuringiensis subspecies israelensis strain SUM-6218. Product type: Insecticide. Proposed use: To control mosquito larvae outdoors, indoors, and in residential areas and psychodid fly larvae in wastewater treatment plants. Contact: BPPD.

    7. File Symbol: 7173-GNL. Docket ID number: EPA-HQ-OPP-2016-0420. Applicant: Liphatech, 3600 West Elm St., Milwaukee, WI 53209. Active ingredient: Chlorophacinone. Product type: Rodenticide. Proposed use: California ground squirrels. Contact: RD.

    8. File Symbol: 42750-GRG. Docket ID number: EPA-HQ-OPP-2016-0360. Applicant: Albaugh, LLC, P.O. Box 2127, Valdosta, GA 31604. Active ingredient: quizalofop-P-ethyl. Product type: Herbicide. Proposed use: Herbicide-tolerant wheat. Contact: RD.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: August 10, 2016. Michael Goodis, Acting Director, Registration Division, Office of Pesticide Programs.
    [FR Doc. 2016-19759 Filed 8-17-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9950-23-Region 4] Notice of Draft National Pollutant Discharge Elimination System (NPDES) General Permit for the Eastern Portion of the Outer Continental Shelf (OCS) of the Gulf of Mexico (GEG460000); Availability of Draft Environmental Assessment AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of Proposed Reissuance of NPDES General Permit, Notice to States of Mississippi, Alabama and Florida for Consistency Review with approved Coastal Management Programs.

    SUMMARY:

    The Regional Administrator of EPA Region 4 (the “Region”) is today proposing to reissue the National Pollutant Discharge Elimination System (NPDES) general permit for the Outer Continental Shelf (OCS) of the Gulf of Mexico (General Permit No. GEG460000) for discharges in the Offshore Subcategory of the Oil and Gas Extraction Point Source Category. The draft permit pertains to discharges from exploration, development, and production facilities located in and discharging, to all Federal waters of the eastern portion of the Gulf of Mexico seaward of the outer boundary of the territorial seas, and covers existing and new source facilities with operations located on Federal leases occurring in water depths seaward of 200 meters, occurring offshore the coasts of Alabama and Florida. The western boundary of the coverage area is demarcated by Mobile and Visoca Knoll lease blocks located seaward of the outer boundary of the territorial seas from the coasts of Mississippi and Alabama. Individual permits will be issued for operating facilities on lease blocks traversed by and shoreward of the 200 meter water depth.

    As proposed, this Draft NPDES general permit includes, best conventional pollutant control technology (BCT), and best available technology economically achievable (BAT) limitations for existing sources and new source performance standards (NSPS) limitations for new sources as promulgated in the effluent guidelines for the offshore subcategory. The draft permit also includes the following changes to the expired permit: (1) New electronic reporting requirements; (2) new whole effluent toxicity testing sampling and reporting requirements for well treatment, completion, and workover fluids not discharged with produced wastewaters; (3) requirements to submit additional information pertaining to the chemicals and additives used in well treatment, completion and workover operations; and (4) clarification regarding types of operators. Region 4 is also making available a Draft Environmental Assessment (EA) for review during the 30 day public comment period for this general permit. The Draft EA addresses potential impacts from proposed changes to the general permit, and it considers recent technical studies.

    DATES:

    Comments must be received by September 17, 2016.

    ADDRESSES:

    The Draft NPDES general permit, permit fact sheet, Draft EA and other relevant documents are on file and may be inspected any time between 8:15 a.m. and 4:30 p.m., Monday through Friday at the address shown below. Copies of the Draft NPDES general permit, permit fact sheet, Draft EA and other relevant documents may be obtained by writing the U.S. EPA-Region 4, Water Protection Division (WPD), NPDES Section, Sam Nunn Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960, Attention: Ms. Bridget Staples, or by calling (404) 562-9783. Alternatively, copies of the Draft NPDES general permit, permit fact sheet, Draft EA, Essential Fish Habitat Determination and preliminary Ocean Discharge Criteria Evaluation may be downloaded at: http://www.epa.gov/aboutepa/about-epa-region-4-southeast. Submit comments to the WPD, U.S. EPA-Region 4, NPDES Permitting Section, Sam Nunn Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, GA 30303-8960, Attention: Ms. Bridget Staples.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Bridget Staples, EPA Region 4, WPD, NPDES Section, by mail at the Atlanta address given above, by telephone at (404) 562-9783 or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Procedures for Reaching a Final Permit Decision

    Pursuant to 40 CFR 124.13, any person who believes any condition of the permit is inappropriate must raise all reasonably ascertainable issues and submit all reasonably available arguments in full, supporting their position, by the close of the comment period. All comments on the Draft NPDES general permit and the Draft EA received within the 30-day comment period will be considered in the formulation of final determination regarding the National Environmental Policy Act (NEPA) review and the permit reissuance. After consideration of all written comments and the requirements and policies in the CWA and appropriate regulations, the EPA Regional Administrator will make a determination regarding the Final EA, Finding of No Significant Impact, and permit reissuance. If the determination results in a permit that is substantially unchanged from the draft permit announced by this notice, the Regional Administrator will so notify all persons submitting written comments. If the determination results in a permit that is substantially changed, the Regional Administrator will issue a public notice indicating the revised determination.

    A formal hearing is available to challenge any NPDES permit issued according to the regulations at 40 CFR 124.15 and 124.19, except for a general permit, as provided at 40 CFR 124.19(o). Persons affected by a general permit may not challenge the conditions of a general permit as a right in further Agency proceedings. They may instead either challenge the general permit in court, or apply for an individual permit as authorized at 40 CFR 122.28, in accordance with the application requirements set forth at 40 CFR 122.21, and then request a formal hearing on the issuance or denial of an individual permit. Additional information regarding these procedures is available by contacting Mr. Paul Schwartz, Associate Regional Counsel, Office of Regional Counsel, at (404) 562-9576.

    II. Procedures for Obtaining General Permit Coverage

    Notice of Intent requirements for obtaining coverage for operating facilities are stated in Part I Section A.4 of the general permit. Coverage under the reissued general permit is effective upon receipt of notification of coverage with an assignment of an NPDES general permit number from the EPA-Region 4, Director of the Water Protection Division. EPA will act on the Notice of Intent (NOI) within a reasonable period of time.

    III. Exclusion of Non-Operational Leases

    This permit does not apply to non-operational leases, i.e., those on which no discharge has taken place in the two (2) years prior to the effective date of the reissued general permit. EPA will not initially accept NOIs for such leases, and the general permit will not cover such leases, except as set forth below. Non-operational leases will lose coverage under the previous general permit on the effective date of the reissued general permit. No subsequent exploration, development or production activities may take place on these leases until and unless the lessee has obtained coverage under the new general permit or an individual permit. EPA will not accept an NOI or individual permit application for non-operational or new acquired leases until such time as an Exploration Plan Document or the Development Operations Coordination Document has been prepared and submitted to Bureau of Energy Management.

    IV. State Water Quality Certification

    Because state waters are not included in the area covered by the OCS general permit, its effluent limitations and monitoring requirements are not subject to state water quality certification under CWA Section 401. However, the states of Alabama, Florida and Mississippi have been provided a copy of this draft general permit, Draft EA to review and submit comments. Copies of these documents have also been provided to EPA Headquarters for their review.

    V. State Consistency Determination

    This Notice will also serve as Region 4's requirement under the Coastal Zone Management Act (CZMA) to provide all necessary information for the States of Mississippi, Alabama and Florida to review this action for consistency with their approved Coastal Zone Management Programs. A copy of the consistency determination on the proposed activities is being sent to each affected State, along with a letter including this FR notice, which provides the EPA Web site where electronic copies can be obtained of the Draft NPDES general permit, permit fact sheet, preliminary Ocean Discharge Criteria Evaluation, and Draft EA. Other relevant information for their review is available upon request from each State. Comments regarding State Consistency are invited in writing within 30 days of this notice to the WPD, U.S. EPA-Region 4, NPDES Section, Sam Nunn Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, GA 30303-8960, Attention: Ms. Bridget Staples.

    VI. Public Comment Period and Public Hearings

    The public comment period for the Draft NPDES permit, Draft EA will begin on the date of publication of this notice in the Federal Register and end 30 calendar days later.

    VII. Administrative Record

    The Draft NPDES general permit, permit fact sheet, Draft EA and other relevant documents are on file and may be inspected any time between 8:15 a.m. and 4:30 p.m., Monday through Friday at the address shown below. Copies of the Draft NPDES general permit, permit fact sheet, Draft EA and other relevant documents may be obtained by writing the U.S. EPA-Region 4, WPD, NPDES Permitting Section, Sam Nunn Atlanta Federal Center, 61 Forsyth Street SW., Atlanta, GA 30303-8960, Attention: Ms. Bridget Staples, or by calling (404) 562-9783. Alternatively, copies of the Draft NPDES general permit, permit fact sheet, Draft EA, Essential Fish Habitat Determination and preliminary Ocean Discharge Criteria Evaluation may be downloaded at: http://www.epa.gov/aboutepa/about-epa-region-4-southeast.

    VIII. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735 (October 4, 1993)) the Agency must determine whether the regulatory action is “significant” and therefore subject to Office of Management and Budget (OMB) review and the requirements of the Executive Order. The Order defines “significant regulatory action” as one that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health, or safety, or State, local, or Tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. OMB has exempted review of NPDES general permits under the terms of Executive Order 12866.

    IX. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rule making requirements under the Administrative Procedures Act (APA) or any other statute, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions.

    Issuance of an NPDES general permit is not subject to rule making requirements, including the requirement for a general notice of proposed rule making, under APA Section 533 or any other law, and is thus not subject to the RFA requirements.

    The APA defines two broad, mutually exclusive categories of agency action—“rules” and “orders.” APA Section 551(4) defines rule as “an agency statement of general or particular applicability and future effect designed to implement, interpret or prescribe law or policy or describing the organization, procedure, or practice or requirements of an agency . . . ” APA Section 551(6) defines orders as “a final disposition . . . of an agency in a matter other than rule making but including licensing.” APA Section 551(8) defines “license” to “include . . . an agency permit . . . ” The APA thus categorizes a permit as an order, which by the APA's definition is not a rule. Section 553 of the APA establishes “rule making” requirements. APA Section 551(5) defines “rule making” as “the agency process for formulating, amending, or repealing a rule.” By its terms, Section 553 applies only to rules and not to orders, exempting by definition permits.

    X. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their “regulatory actions” to refer to regulations. (See, e.g., UMRA Section 401, “Each agency shall . . . assess the effects of Federal regulatory actions . . . (other than to the extent that such regulations incorporate requirements specifically set forth in law).”) UMRA Section 102 defines “regulation” by reference to 2 U.S.C. 658 which in turn defines “regulation” and “rule” by reference to Section 601(2) of the RFA. That section of the RFA defines “rule” as “any rule for which the agency publishes a notice of proposed rule making pursuant to Section 553(b) of the APA, or any other law.”

    As discussed in the RFA section of this notice, NPDES general permits are not “rules” by definition under the APA and thus not subject to the APA requirement to publish a notice of proposed rule making. NPDES general permits are also not subject to such a requirement under the CWA. While EPA publishes a notice to solicit public comment on draft general permits, it does so pursuant to the CWA Section 402(a) requirement to provide an opportunity for a hearing. Therefore, NPDES general permits are not “rules” for RFA or UMRA purposes.

    XI. Paperwork Reduction Act

    The information collection required by this permit has been approved by OMB under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., in submission made for the NPDES permit program and assigned OMB control numbers 2040-0086 (NPDES permit application) and 2040-0004 [(NPDES Discharge Monitoring Reports (DMRs)].

    Because this permit is very similar in reporting and application requirements and in discharges which are required to be monitored as the previous Eastern Gulf of Mexico OCS general permit (GEG460000), the paperwork burdens are expected to be nearly identical. When it issued the previous OCS general permit, EPA estimated it would take an affected facility three hours to prepare the request for coverage and 38 hours per year to prepare DMRs. It is estimated that the time required to prepare the request for coverage and DMRs for the reissued permit will be approximately the same.

    Dated: July 27, 2016. James D. Giattina, Director, Water Protection Division.
    [FR Doc. 2016-19099 Filed 8-17-16; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0936] Information Collection Being Submitted for Review and Approval to the Office of Management and Budget AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

    DATES:

    Written PRA comments should be submitted on or before September 19, 2016. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments Nicholas A. Fraser, OMB, via email: [email protected]; and to Cathy Williams, FCC, via email [email protected] and to [email protected] Include in the comments the OMB control number as shown in the SUPPLEMENTARY INFORMATION section below.

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact Cathy Williams at (202) 418-2918.

    SUPPLEMENTARY INFORMATION:

    OMB Control No.: 3060-0936.

    Title: Sections 95.1215, 95.1217, 95.1223 and 95.1225, Medical Device Radiocommunications Service (MedRadio).

    Form No.: N/A.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business or other for-profit and not-for-profit institutions.

    Number of Respondents: 3,120 respondents; 3,120 responses.

    Estimated Time per Response: 1-3 hours.

    Frequency of Response: On occasion reporting requirement, third party disclosure requirement and recordkeeping requirement.

    Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 U.S.C. 151 and 303 of the Communications Act of 1934, as amended.

    Total Annual Burden: 9,120 hours.

    Total Annual Cost: No cost.

    Privacy Act Impact Assessment: No impact(s).

    Nature and Extent of Confidentiality: There is no need for confidentiality with this collection of information.

    Needs and Uses: The Federal Communications Commission is requesting that the Office of Management and Budget (OMB) approve for a period of three years an extension for the information collection requirements contained in this collection.

    The information collection requirements that are approved under this information collection are contained in 47 CFR 95.1225(b) and (c), 95.1217(a)(3) and (c), 95.1223 and 95.1225 which relate to the Medical Device Radiocommunication Service (MedRadio).

    The information is necessary to allow the coordinator and parties using the database to contact other users to verify information and resolve potential conflicts. Each user is responsible for determining in advance whether new devices are likely to cause or be susceptible to interference from devices already registered in the coordination database.

    Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary.
    [FR Doc. 2016-19741 Filed 8-17-16; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [DA 16-720] Order Declares JuBe Communications, LLC's International Section 214 Authorization Terminated AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice.

    SUMMARY:

    In this document, the International Bureau of the Federal Communications Commission (Commission) declares the international Section 214 authorization granted to JuBe Communications, LLC (JuBe) terminated given JuBe's inability to comply with the express condition for holding the authorization. It also concludes that JuBe failed to comply with those requirements of the Communications Act of 1934, as amended (the Act) and the Commission's rules that ensure that the Commission can contact and communicate with the authorization holder and verify JuBe is still providing service, which failures have prevented any way of addressing JuBe's inability to comply with the condition of its authorization.

    FOR FURTHER INFORMATION CONTACT:

    Cara Grayer, Telecommunications and Analysis Division, International Bureau at (202) 418-2960 or [email protected]

    SUPPLEMENTARY INFORMATION:

    This is a summary of the Commission's Order, DA 16-720, adopted and released July 1, 2016.

    Background

    Section 214(a) of the Act prohibits any carrier from constructing, extending, acquiring, or operating any line, and from engaging in transmission through any such line, without first obtaining a certificate of authorization from the Commission. Under Section 214(c) of the Act, the Commission “may attach to the issuance of the certificate such terms and conditions as in its judgment the public convenience and necessity may require.” On July 27, 2007, the International Bureau granted JuBe an international Section 214 authorization to provide global or limited global facility-based service and global or limited global resale service in accordance with Section 63.18(e)(1) and 63.18(e)(2) of the Commission's rules. The International Bureau granted the application on the express condition that JuBe abide by the commitments and undertakings contained in its Letter of Assurance (LOA) to the Department of Justice (DOJ), the Federal Bureau of Investigation, and the U.S. Department of Homeland Security (collectively, the Executive Branch Agencies) dated July 12, 2007. The LOA outlines a number of commitments made by JuBe to address national security, law enforcement, and public safety concerns.

    On December 23, 2015, the Executive Branch Agencies notified the Commission of JuBe's non-compliance with the conditions of its authorization and requested that the Commission terminate, and declare null and void and no longer in effect, the international Section 214 authorization issued to JuBe. The Executive Branch Agencies believe that JuBe is no longer in existence. Specifically, according to the Texas state corporate Web site, JuBe voluntarily dissolved as a corporate entity and became inactive on October 14, 2010. Further, on October 19, 2015, Mr. Thomas Lynch, JuBe's designated point of contact during the application process, advised the Executive Branch Agencies that he had been unable to reach JuBe after multiple attempts through all his contacts except U.S. postal service. He noted that he presumed JuBe to be out of business. Based on this, the Executive Branch Agencies state that “JuBe is neither providing services pursuant to authorization file number ITC-214-20070607-00218 nor still in existence.”

    The Commission has made significant efforts to communicate with JuBe, but has also been unable to do so. On January 19, 2016, the International Bureau sent JuBe a letter to the last addresses of record requesting that JuBe respond to the December 23, 2015 Executive Branch letter within 30 days of the letter, by February 18, 2016. JuBe did not respond. Since that time, the International Bureau has provided JuBe with additional opportunities to respond to these allegations. The International Bureau stated that failure to respond would result in termination of JuBe's international Section 214 authorization for failure to comply with conditions of its authorization. In JuBe's 2007 application, JuBe stated it was incorporated in Texas, and according to the Texas Secretary of State Web site, no records exist for JuBe Communications, LLC. To date, JuBe has not responded to any of the International Bureau or the Executive Branch Agencies' multiple requests to resolve this matter.

    Discussion

    We determine that JuBe's international Section 214 authorization to provide international services issued under File No. ITC-214-20070607-00218 has terminated for inability to comply with an express condition for holding the international Section 214 authorization. The International Bureau has provided JuBe with notice and opportunity to respond to the allegations in the December 23, 2015 Executive Branch letter concerning JuBe's non-compliance with the condition of the grant. JuBe has not responded to any of our multiple requests or requests from the Executive Branch Agencies. We find that JuBe's failure to respond to our multiple requests demonstrates that it is unable to satisfy the LOA conditions, upon which the Executive Branch Agencies gave their non-objection to the grant of the authorization to JuBe, and which are a condition of the grant of its international Section 214 authorization.

    Furthermore, after having received an international Section 214 authorization, a carrier “is responsible for the continuing accuracy of the certifications made in its application” and must promptly correct information no longer accurate, “and in any event, within thirty (30) days.” JuBe has failed to inform the Commission of any changes in its business status of providing international telecommunications services, as required by the rules. In addition, there is no indication that JuBe is currently providing service pursuant to its international Section 214 authorization. If JuBe has discontinued service, it is also in violation of the Commission's rules requiring prior notification for such a discontinuance. Nor is there any record of JuBe having complied with Section 413 of the Act and the Commission's rules requiring it to designate an agent for service after receiving its authorization on July 27, 2007. Finally, as part of its authorization, JuBe “must file annual international telecommunications traffic and revenue as required by § 43.62.” Section 43.62(b) of the Commission's rule states that “[n]ot later than July 31 of each year, each person or entity that holds an authorization pursuant to section 214 to provide international telecommunications service shall report whether it provided international telecommunications services during the preceding calendar year.” Commission records indicate that JuBe failed to file an annual international telecommunications traffic and revenue report indicating whether or not JuBe provided services in 2015, as required by Section 43.62(b). In these circumstances, and in light of JuBe's failure to respond to the Commission's rules designed to ensure its ability to communicate with the holder of the authorization, termination also is warranted wholly apart from demonstrating JuBe's inability to satisfy the LOA conditions of its authorization.

    Ordering Clauses

    Accordingly, it is ordered, pursuant to Sections 4(i), 214, and 413 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 214, 413, and Sections 1.47(h), 43.62, 63.18, 63.21, 63.22(h), 63.23(e), and 64.1195 of the Commission's rules, 47 CFR 1.47(h), 43.62, 63.18, 63.21, 63.22(h), 63.23(e), 64.1195, that the international 214 authorization issued under File No. ITC-214-20070607-00218 is hereby terminated and declared null and void.

    It is further ordered that the request of the U.S. Department of Justice, the Federal Bureau of Investigation, and the U.S. Department of Homeland Security, is hereby granted, to the extent set forth in this Order.

    It is further ordered that a copy of this Order shall be sent by return receipt requested to JuBe Communications, LLC at its last known addresses.

    It is further ordered that a copy of this Order, or a summary thereof, shall be published in the Federal Register.

    This Order is issued on delegated authority under 47 CFR 0.51, 0.261, and is effective upon release. Petitions for reconsideration under Section 1.106 of the Commission's rules, 47 CFR 1.106, or applications for review under Section 1.115 of the Commission's rules, 47 CFR 1.115, may be filed within 30 days of the date of the release of this Order.

    Federal Communications Commission. Denise Coca, Chief, Telecommunications and Analysis Division, International Bureau.
    [FR Doc. 2016-19690 Filed 8-17-16; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [3060-0986] Information Collection Being Submitted for Emergency Review and Approval to the Office of Management and Budget AGENCY:

    Federal Communication Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    The Federal Communications Commission (FCC), as part of its continuing effort to reduce paperwork burden, invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995. Comments are requested concerning: Whether the proposed collection(s) of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection(s) of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information burden for small business concerns with fewer than 25 employees.

    The FCC may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid OMB Control Number.

    DATES:

    Written Paperwork Reduction Act (PRA) comments should be submitted on or before September 19, 2016. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget, via fax at 202-395-5167 or via email at [email protected] Also, please submit your PRA comments to the FCC by email at [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Nicole Ongele, Office of the Managing Director, FCC at (202) 418-2991.

    SUPPLEMENTARY INFORMATION:

    The Commission is requesting that OMB approve this revised information collection under the emergency processing provisions of the PRA, 5 CFR 1320.13.

    OMB Control Number: 3060-0986.

    Title: High-Cost Universal Service Support.

    Form Number: FCC Form 481, FCC Form 505, FCC Form 507, FCC Form 508, FCC Form 509, and FCC Form 525.

    Type of Review: Revision of a currently approved collection.

    Respondents: Business or other for-profit, not-for-profit institutions and state, local or tribal government.

    Number of Respondents and Responses: 1,977 respondents; 14,109 responses.

    Estimated Time per Response: .5 hours to 100 hours.

    Frequency of Response: On occasion, quarterly and annual reporting requirements, recordkeeping requirement and third party disclosure requirement.

    Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 U.S.C. 151-154, 155, 201-206, 214, 218-220, 251, 252, 254, 256, 303(r), 332, 403, 405, 410, and 1302.

    Total Annual Burden: 274,455 hours.

    Total Annual Cost: N/A.

    Privacy Act Impact Assessment: This information collection does not affect individuals or households; thus, there are no impacts under the Privacy Act.

    Nature and Extent of Confidentiality: We note that USAC must preserve the confidentiality of all data obtained from respondents; must not use the data except for purposes of administering the universal service programs; and must not disclose data in company-specific form unless directed to do so by the Commission.

    Needs and Uses: The Federal Communications Commission seeks emergency processing under the Paperwork Reduction Act (PRA), 5 CFR 1320.13. The Commission is requesting OMB approval for this revised information collection. In November 2011, the Commission adopted an order reforming its high-cost universal service support mechanisms. Connect America Fund; A National Broadband Plan for Our Future; Establish Just and Reasonable Rates for Local Exchange Carriers; High-Cost Universal Service Support; Developing a Unified Intercarrier Compensation Regime; Federal-State Joint Board on Universal Service; Lifeline and Link-Up; Universal Service Reform—Mobility Fund, WC Docket Nos. 10-90, 07-135, 05-337, 03-109; GN Docket No. 09-51; CC Docket Nos. 01-92, 96-45; WT Docket No. 10-208, Order and Further Notice of Proposed Rulemaking, 26 FCC Rcd 17663 (2011) (USF/ICC Transformation Order); and the Commission and Wireline Competition Bureau have since adopted a number of orders that implement the USF/ICC Transformation Order; see also Connect America Fund et al., WC Docket No. 10-90 et al., Third Order on Reconsideration, 27 FCC Rcd 5622 (2012); Connect America Fund et al., WC Docket No. 10-90 et al., Order, 27 FCC Rcd 605 (Wireline Comp. Bur. 2012); Connect America Fund et al., WC Docket No. 10-90 et al., Fifth Order on Reconsideration, 27 FCC Rcd 14549 (2012); Connect America Fund et al., WC Docket No. 10-90 et al., Order, 28 FCC Rcd 2051 (Wireline Comp. Bur. 2013); Connect America Fund et al., WC Docket No. 10-90 et al., Order, 28 FCC Rcd 7227 (Wireline Comp. Bur. 2013); Connect America Fund, WC Docket No. 10-90, Report and Order, 28 FCC Rcd 7766 (Wireline Comp. Bur. 2013); Connect America Fund, WC Docket No. 10-90, Report and Order, 28 FCC Rcd 7211 (Wireline Comp. Bur. 2013); Connect America Fund, WC Docket No. 10-90, Report and Order, 28 FCC Rcd 10488 (Wireline Comp. Bur. 2013); Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order and Further Notice of Proposed Rulemaking, 29 FCC Rcd 8769 (2014); Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order, 29 FCC Rcd 15644 (2014); Modernizing the E-rate Program for Schools and Libraries et al., WC Docket No. 13-184 et al., Second Report and Order and Order on Reconsideration, 29 FCC Rcd 15538 (2014). The Commission has received OMB approval for most of the information collections required by these orders. At a later date the Commission plans to submit additional revisions for OMB review to address other reforms adopted in the orders (e.g., 47 CFR 54.313(a)(11)).

    In March 2016, the Commission adopted the Rate-of-Return Reform Order to continue modernizing the universal service support mechanisms for rate-of-return carriers. Connect America Fund et al., WC Docket No. 10-90 et al., Report and Order, Order and Order on Reconsideration and Further Notice of Proposed Rulemaking, 31 FCC Rcd 3087 (2016). The Rate-of-Return Reform Order replaces the Interstate Common Line Support (ICLS) mechanism with the Connect America Fund—Broadband Loop Support (CAF-BLS) mechanism. While ICLS supported only lines used to provide traditional voice service (including voice service bundled with broadband service), CAF-BLS also supports consumer broadband-only loops.

    Here, we propose to revise this information collection, specifically FCC Form 507, FCC Form 508, and FCC Form 509, to include additional line count, forecasted cost and revenue, and actual cost and revenue data associated with consumer broadband-only loops necessary for the calculation of CAF-BLS. This revision is a narrow expansion of similar information related to common line loops, costs, and revenues collected pursuant to the existing approval.

    Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary.
    [FR Doc. 2016-19744 Filed 8-17-16; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION Federal Advisory Committee Act; Communications Security, Reliability, and Interoperability Council AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, this notice advises interested persons that the Federal Communications Commission's (FCC or Commission) Communications Security, Reliability, and Interoperability Council (CSRIC) V will hold its sixth meeting.

    DATES:

    September 14, 2016.

    ADDRESSES:

    Federal Communications Commission, Room TW-C305 (Commission Meeting Room), 445 12th Street SW., Washington, DC 20554.

    FOR FURTHER INFORMATION CONTACT:

    Jeffery Goldthorp, Designated Federal Officer, (202) 418-1096 (voice) or [email protected] (email); or Suzon Cameron, Deputy Designated Federal Officer, (202) 418-1916 (voice) or [email protected] (email).

    SUPPLEMENTARY INFORMATION:

    The meeting will be held on September 14, 2016, from 1:00 p.m. to 5:00 p.m. in the Commission Meeting Room of the Federal Communications Commission, Room TW-C305, 445 12th Street SW., Washington, DC 20554.

    The CSRIC is a Federal Advisory Committee that will provide recommendations to the FCC regarding best practices and actions the FCC can take to help ensure the security, reliability, and interoperability of communications systems. On March 19, 2015, the FCC, pursuant to the Federal Advisory Committee Act, renewed the charter for the CSRIC for a period of two years through March 18, 2017. The meeting on September 14, 2016, will be the sixth meeting of the CSRIC under the current charter. The FCC will attempt to accommodate as many attendees as possible; however, admittance will be limited to seating availability. The Commission will provide audio and/or video coverage of the meeting over the Internet from the FCC's Web page at http://www.fcc.gov/live. The public may submit written comments before the meeting to Jeffery Goldthorp, CSRIC Designated Federal Officer, by email to [email protected] or U.S. Postal Service Mail to Jeffery Goldthorp, Associate Bureau Chief, Public Safety and Homeland Security Bureau, Federal Communications Commission, 445 12th Street SW., Room 7-A325, Washington, DC 20554.

    Open captioning will be provided for this event. Other reasonable accommodations for people with disabilities are available upon request. Requests for such accommodations should be submitted via email to [email protected] or by calling the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (tty). Such requests should include a detailed description of the accommodation needed. In addition, please include a way the FCC can contact you if it needs more information. Please allow at least five days' advance notice; last-minute requests will be accepted, but may be impossible to fill.

    Federal Communications Commission. Marlene H. Dortch, Secretary.
    [FR Doc. 2016-19684 Filed 8-17-16; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Sunshine Act Meeting

    Pursuant to the provisions of the “Government in the Sunshine Act” (5 U.S.C. 552b), notice is hereby given that at 10:00 a.m. on Tuesday, August 16, 2016, the Board of Directors of the Federal Deposit Insurance Corporation met in closed session to consider matters related to the Corporation's supervision and resolution activities.

    In calling the meeting, the Board determined, on motion of Director Richard Cordray (Director, Consumer Financial Protection Bureau), seconded by Vice Chairman Thomas M. Hoenig, concurred in by Director Thomas J. Curry (Comptroller of the Currency) and Chairman Martin J. Gruenberg, that Corporation business required its consideration of the matters which were to be the subject of this meeting on less than seven days' notice to the public; that no earlier notice of the meeting was practicable; that the public interest did not require consideration of the matters in a meeting open to public observation; and that the matters could be considered in a closed meeting by authority of subsections (c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), and (c)(9)(B) of the “Government in the Sunshine Act” (5 U.S.C. 552b(c)(4), (c)(6), (c)(8), (c)(9)(A)(ii), and (c)(9)(B).

    Dated: August 16, 2016. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2016-19824 Filed 8-16-16; 4:15 pm] BILLING CODE P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than September 13, 2016.

    A. Federal Reserve Bank of St. Louis (David L. Hubbard, Senior Manager) P.O. Box 442, St. Louis, Missouri 63166-2034. Comments can also be sent electronically to [email protected]:

    1. South Central Bancshares of Kentucky, Inc., Glasgow, Kentucky; to merge with Kentucky National Bancorp, Inc., Elizabethtown, Kentucky, and thereby indirectly acquire Kentucky Neighborhood Bank, Elizabethtown, Kentucky.

    Board of Governors of the Federal Reserve System, August 15, 2016. Robert deV. Frierson, Secretary of the Board.
    [FR Doc. 2016-19736 Filed 8-17-16; 8:45 am] BILLING CODE 6210-01-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 September 6, 2016.

    A Federal Reserve Bank of Dallas (Robert L. Triplett III, Senior Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272:

    1. Edward B. Tomlinson, II, Rowlett, Texas, individually and as Voting Person under a Voting Agreement dated November 1, 2013 (the “Voting Agreement”), Charles S. Leis, Eagle, Idaho, individually and as Voting Person under the Voting Agreement, and the following parties to the Voting Agreement which constitutes a group of persons acting in concert: The Revocable Trust of Dorvin D. Leis, Kahului, Hawaii, Samuel S. Aguirre Revocable Living Trust, Alea, Hawaii, Paul R. Botts Revocable Living Trust, Kailua, Hawaii, James F. Bowen, Rockwall, Texas, H. Grady Chandler, Garland, Texas, Daniel R. Goodfellow, Wenatchee, Washington, J. Stephen Goodfellow, Wenatchee, Washington, the Goodfellow Main Trust fbo Chad S. Goodfellow, Wenatchee, Washington, the Goodfellow Main Trust fbo Chelsea D. Goodfellow, Wenatchee, Washington, Harvey C. King 1992 Revocable Living Trust, Kailua, Hawaii, Charles S. Leis, Eagle, Idaho, Stanley B. Leis, Eagle, Idaho, Stephen T. Leis, Kihei, Hawaii, Roger McArthur Revocable Living Trust, Wailuku, Hawaii, Linda Tomlinson Mitchell, Gun Barrel City, Texas, Jeffrey S. Moore, Lisle, Illinois, Jeffrey Soulier, Kihei, Hawaii, Edward B. Tomlinson, II, Rowlett, Texas, Brad Wagenaar, Honolulu, Hawaii, William W. Wilmore Revocable Trust, Kahului, Hawaii, and Sherry Wortham, Wills Point, Texas; to collectively control and retain 25 percent or more of the shares of Texas Brand Bancshares, Inc., and therefore indirectly, Texas Brand Bank, both of Garland, Texas.

    Board of Governors of the Federal Reserve System, August 15, 2016. Robert deV. Frierson, Secretary of the Board.
    [FR Doc. 2016-19735 Filed 8-17-16; 8:45 am] BILLING CODE 6210-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifiers: CMS-10628 and CMS-10180] Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY:

    Centers for Medicare & Medicaid Services.

    ACTION:

    Notice.

    SUMMARY:

    The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (the PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information (including each proposed extension or reinstatement of an existing collection of information) and to allow 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the agency's functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    DATES:

    Comments must be received by October 17, 2016.

    ADDRESSES:

    When commenting, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be submitted in any one of the following ways:

    1. Electronically. You may send your comments electronically to http://www.regulations.gov. Follow the instructions for “Comment or Submission” or “More Search Options” to find the information collection document(s) that are accepting comments.

    2. By regular mail. You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, Attention: Document Identifier/OMB Control Number ___, Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850.

    To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following:

    1. Access CMS' Web site address at http://www.cms.hhs.gov/PaperworkReductionActof1995.

    2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to [email protected].

    3. Call the Reports Clearance Office at (410) 786-1326.

    FOR FURTHER INFORMATION CONTACT:

    Reports Clearance Office at (410) 786-1326.

    SUPPLEMENTARY INFORMATION: Contents

    This notice sets out a summary of the use and burden associated with the following information collections. More detailed information can be found in each collection's supporting statement and associated materials (see ADDRESSES).

    CMS-10628 Initial Request for State Implemented Moratorium Form CMS-10180 Children's Health Insurance Program (CHIP) Report on Payables and Receivables

    Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA requires federal agencies to publish a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice.

    Information Collection

    1. Type of Information Collection Request: New collection of information (Request for new OMB control number); Title of Information Collection: Initial Request for State Implemented Moratorium Form; Use: CMS promulgated 42 CFR 424.570 in order to comply with that statute, which requires that prior to implementing state Medicaid moratoria the state Medicaid agency must notify the Secretary in writing, including all of the details of the moratoria, and obtain the Secretary's concurrence with the imposition of the moratoria. The above regulation is promulgated from 1866 (j)(7) of the Social Security Act, which allows for the imposition of temporary moratorium. The Initial Request for State Medicaid Implemented Moratorium, named the “Initial Request for State Medicaid Implemented Moratorium” was created to collect that data, in a uniform manner, which the states report to CMS when they request a moratorium. Currently, CMS is collecting this data on an ad-hoc basis, however this process needs to be standardized so that moratoria decisions are being made based on the same criteria each time.

    The goal of the Initial Request for State Medicaid Implemented Moratorium form is to provide a uniform application process that all of the states may follow so that CMS is able to administer the Medicaid or Children's Health Insurance Program moratorium process in a standardized and repeatable manner. This form creates a standardized process so that moratoria decisions are being made with the same criteria each time. Form Number: CMS-10628 (OMB control number: 0938-NEW); Frequency: Occasionally; Affected Public: State, Local, or Tribal Governments; Number of Respondents: 15; Total Annual Responses: 15; Total Annual Hours: 75. (For policy questions regarding this collection contact Belinda Gravel at 410-786-8934).

    2. Type of Information Collection Request: Extension of a currently approved collection; Title of Information Collection: Children's Health Insurance Program (CHIP) Report on Payables and Receivables; Use: Collection of CHIP data and the calculation of the CHIP Incurred But Not Reported (IBNR) estimate are pertinent to CMS' financial audit. Section 2105 of the Social Security Act (Title XXI) requires the Secretary to estimate the amount each State should be paid at the beginning of each quarter. This amount is based on a report filed by the State. Section 2105 of the Social Security Act authorizes the Secretary to pay the amount estimated, reduced or increased to the extent of any overpayment or underpayment for any prior quarter. Section 3515 of the CFO Act requires government agencies to produce auditable financial statements in accordance with Office of Management and Budget guidelines on Form and Content. The Government Management and Reform Act of 1994 requires that all offices, bureaus and associated activities of the 24 CFO Act agencies must be covered in an agency-wide, audited financial statement. Collection of CHIP data and the calculation of the CHIP Incurred But Not Reported (IBNR) estimate are pertinent to CMS' financial audit. The CHIP Report on Payables and Receivables will provide the information needed to calculate the CHIP IBNR. Failure to collect this information could result in non-compliance with the law. Program expenditures for the CHIP have increased since its inception; as such, CHIP receivables and payables may materially impact the financial statements. The CHIP Report on Payables and Receivables will provide the information needed to calculate the CHIP IBNR.; Form Number: CMS-10180 (OMB control number: 0938-0988); Frequency: Reporting—Annually; Affected Public: State, Local or Tribal governments; Number of Respondents: 56; Total Annual Responses: 56; Total Annual Hours: 392. (For policy questions regarding this collection contact Beverly Boher at 410-786-7806.)

    Dated: August 12, 2016. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs.
    [FR Doc. 2016-19656 Filed 8-17-16; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Meeting Announcement for the Technical Advisory Panel on Medicare Trustee Reports ACTION:

    Notice of public meeting.

    SUMMARY:

    This notice announces the meeting dates for the Technical Advisory Panel on Medicare Trustee Reports on Tuesday, August 30, 2016 and Wednesday August 31, 2016 in Washington, DC.

    DATES:

    The meeting will be held on Tuesday, August 30, 2016 from 10:00 a.m. to 5:00 p.m. and Wednesday August 31, 2016, from 9:00 a.m. to 4:00 p.m. Eastern Daylight Time (EDT) and it is open to the public.

    ADDRESSES:

    The meeting will be held at the Herbert Humphrey Building 200 Independence Ave. SW., Washington, DC, 20201 Room 738G.3.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Donald Oellerich, Designated Federal Officer, at the Office of Human Services Policy, Assistant Secretary for Planning and Evaluation, U.S. Department of Health and Human Services, 200 Independence Ave. SW., Washington, DC 20201, (202) 690-8410.

    SUPPLEMENTARY INFORMATION:

    I. Purpose: The Panel will discuss the long-term rate of change in health spending and may make recommendations to the Secretary on how the Medicare Trustees might more accurately estimate health spending in the short and long run. The Panel's discussion is expected to be very technical in nature and will focus on the actuarial and economic assumptions and methods by which Trustees might more accurately measure health spending. This Committee is governed by the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App. 2, section 10(a)(1) and (a)(2)). The Committee is composed of 9 members appointed by the Assistant Secretary for Planning and Evaluation.

    II. Agenda: The Panel will likely hear presentations from the HHS Office of the Actuary, the Department of the Treasury and the Office of the Assistant Secretary for Planning and Evaluation on issues they wish the panel to address. This may be followed by HHS staff presentations regarding long range growth, sustainability of provider payments under ACA and MACRA, methods for transitioning from short term (10 year) to long term (75 year) projections and methods and presentation of uncertainty in the report. After any presentations, the Panel will deliberate openly on the topics. Interested persons may observe the deliberations, but the Panel will not hear public comments during this time. The Panel will also allow an open public session for any attendee to address issues specific to the topic.

    III. Meeting Attendance: The Tuesday, August 30, 2016 and Wednesday August 31, 2016 meetings are open to the public; however, in-person attendance is limited to space available. Priority to attend the meeting in-person will be given to those who pre-register.

    Meeting Registration: The public may attend the meeting in-person. Space is limited and registration is required in order to attend in-person. Registration may be completed by emailing or faxing all the following information to Dr. Donald Oellerich at [email protected] or fax 202-690-6562:

    Name.

    Company name.

    Postal address.

    Email address.

    If sign language interpretation or other reasonable accommodation for a disability is needed, please contact Dr. Oellerich, no later than August 24, 2016 by sending an email message to [email protected] or calling 202-690-8410.

    Persons wishing to attend this meeting must register by following the instructions in the “Meeting Registration” section of this notice. A confirmation email will be sent to the registrants shortly after completing the registration process.

    IV. Special Accommodations: Individuals requiring special accommodations must include the request for these services during registration.

    V. Copies of the Charter: The Secretary's Charter for the Technical Advisory Panel on Medicare Trustee Reports is available upon from Dr. Donald Oellerich at [email protected] or by calling 202-690-8410.

    Dated: August 10, 2016. Kathryn E. Martin, Acting Assistant Secretary for Planning and Evaluation.
    [FR Doc. 2016-19731 Filed 8-17-16; 8:45 am] BILLING CODE 4150-05-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Meeting of the Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria AGENCY:

    Office of the Assistant Secretary for Health, Office of the Secretary, Department of Health and Human Services.

    ACTION:

    Notice.

    SUMMARY:

    As stipulated by the Federal Advisory Committee Act, the Department of Health and Human Services (HHS) is hereby giving notice that a meeting is scheduled to be held for the Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria (Advisory Council). The meeting will be open to the public; a public comment session will be held during the meeting. Pre-registration is required for members of the public who wish to attend the meeting and who wish to participate in the public comment session. Individuals who wish to attend the meeting and/or send in their public comment via email should send an email to [email protected] Registration information is available on the Web site http://www.hhs.gov/ash/carb/ and must be completed by September 14, 2016; all in-person attendees must pre-register by this date. Additional information about registering for the meeting and providing public comment can be obtained at http://www.hhs.gov/ash/carb/ on the Meetings page.

    DATES AND TIMES:

    The meeting is tentatively scheduled to be held on September 19, 2016, from 12:30 p.m. to 5:30 p.m. ET. The confirmed times and agenda items for the meeting will be posted on the Web site for the Advisory Council at http://www.hhs.gov/ash/carb/ when this information becomes available. Pre-registration for attending the meeting in person is required to be completed no later than September 14, 2016; public attendance at the meeting is limited to the available space.

    ADDRESSES:

    U.S. Department of Health and Human Services, Hubert H. Humphrey Building, Great Hall, 200 Independence Avenue SW., Washington, DC 20201.

    The meeting also can be accessed through a live webcast on the day of the meeting. For more information, visit http://www.hhs.gov/ash/carb/.

    FOR FURTHER INFORMATION CONTACT:

    Bruce Gellin, Designated Federal Officer, Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria, Office of the Assistant Secretary for Health, U.S. Department of Health and Human Services, Room 715H, Hubert H. Humphrey Building, 200 Independence Avenue SW., Washington, DC 20201. Phone: (202) 260-6638; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under Executive Order 13676, dated September 18, 2014, authority was given to the Secretary of HHS to establish the Advisory Council, in consultation with the Secretaries of Defense and Agriculture. Activities of the Advisory Council are governed by the provisions of Public Law 92-463, as amended (5 U.S.C. App.), which sets forth standards for the formation and use of federal advisory committees.

    The Advisory Council will provide advice, information, and recommendations to the Secretary of HHS regarding programs and policies intended to support and evaluate the implementation of Executive Order 13676, including the National Strategy for Combating Antibiotic-Resistant Bacteria and the National Action Plan for Combating Antibiotic-Resistant Bacteria. The Advisory Council shall function solely for advisory purposes.

    In carrying out its mission, the Advisory Council will provide advice, information, and recommendations to the Secretary regarding programs and policies intended to preserve the effectiveness of antibiotics by optimizing their use; advance research to develop improved methods for combating antibiotic resistance and conducting antibiotic stewardship; strengthen surveillance of antibiotic-resistant bacterial infections; prevent the transmission of antibiotic-resistant bacterial infections; advance the development of rapid point-of-care and agricultural diagnostics; further research on new treatments for bacterial infections; develop alternatives to antibiotics for agricultural purposes; maximize the dissemination of up-to-date information on the appropriate and proper use of antibiotics to the general public and human and animal healthcare providers; and improve international coordination of efforts to combat antibiotic resistance.

    The September public meeting will be dedicated to the topics of Prevention and Stewardship. The meeting agenda will be posted on the Advisory Council Web site at http://www.hhs.gov/ash/carb/ when it has been finalized. All agenda items are tentative and subject to change.

    Public attendance at the meeting is limited to the available space. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Advisory Council at the address/telephone number listed above at least one week prior to the meeting. For those unable to attend in person, a live webcast will be available. More information on registration and accessing the webcast can be found at http://www.hhs.gov/ash/carb/.

    Members of the public will have the opportunity to provide comments prior to the Advisory Council meeting by emailing [email protected] Public comments should be sent in by midnight September 14, 2016, and should be limited to no more than one page. All public comments received prior to September 14, 2016, will be provided to Advisory Council members; comments are limited to two minutes per speaker.

    Dated: August 11, 2016. Bruce Gellin, Designated Federal Officer, Presidential Advisory Council on Combating Antibiotic-Resistant Bacteria, Deputy Assistant Secretary for Health.
    [FR Doc. 2016-19657 Filed 8-17-16; 8:45 am] BILLING CODE 4150-44-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Meeting Announcement for the Physician-Focused Payment Model Technical Advisory Committee Required by the Medicare Access and CHIP Reauthorization Act (MACRA) of 2015 ACTION:

    Notice of public meeting.

    SUMMARY:

    This notice announces the meeting date for the Physician-Focused Payment Model Technical Advisory Committee (hereafter referred to as “the Committee”) on Friday, September 16, 2016 in Washington, DC.

    DATES:

    The meeting will be held on Friday, September 16, 2016, from 9:00 a.m. to 12:30 p.m. Eastern Daylight Time (EDT) and it is open to the public.

    ADDRESSES:

    The meeting will be held in the Senate Meeting Room at the Residence Inn, 333 E Street SW., Washington, DC 20024.

    FOR FURTHER INFORMATION CONTACT:

    Ann Page, Designated Federal Officer, at the Office of Health Policy, Assistant Secretary for Planning and Evaluation, U.S. Department of Health and Human Services, 200 Independence Ave. SW., Washington, DC 20201, (202) 690-6870.

    SUPPLEMENTARY INFORMATION:

    I. Purpose: The Physician-Focused Payment Model Technical Advisory Committee (“the Committee”) is required by the Medicare Access and CHIP Reauthorization Act of 2015, 42 U.S.C 1395ee. This Committee is also governed by provisions of the Federal Advisory Committee Act, as amended (5 U.S.C App.), which sets forth standards for the formation and use of federal advisory committees. In accordance with its statutory mandate, the Committee is to review physician-focused payment model proposals and prepare recommendations regarding whether such models meet criteria that will be established through rulemaking by the Secretary of Health and Human Services (the Secretary). The Committee is composed of 11 members appointed by the Comptroller General.

    II. Agenda. The Committee will continue discussions about the process by which physician-focused payment model proposals will be received and reviewed by the Committee after the Secretary establishes criteria for physician-focused payment models through rulemaking. There will be time allocated for public comment on the Committee's proposal review processes and revised draft documents. These revised documents will be posted on the Committee Web site and distributed on the Committee listserv prior to the public meeting.

    III. Meeting Attendance. The September 16, 2016 meeting is open to the public; however, in-person attendance is limited to space available. Priority to attend the meeting in-person will be given to those who pre-register. If the meeting venue reaches its seating capacity, other registrants will be limited to participating by telephone.

    Meeting Registration

    The public may attend the meeting in-person or listen by phone via audio teleconference. Space is limited and registration is required in order to attend in-person or by phone. Registration may be completed online at https://www.regonline.com/PTACMeetingsRegistration. All the following information must be submitted when registering:

    Name.

    Company name.

    Postal address.

    Email address.

    If sign language interpretation or other reasonable accommodation for a disability is needed, please contact Angela Tejeda, no later than September 8, 2016 by sending an email message to [email protected] or calling 202-401-8297.

    Persons wishing to attend this meeting must register by following the instructions in the “Meeting Registration” section of this notice. A confirmation email will be sent to the registrants shortly after completing the registration process.

    IV. Special Accommodations. Individuals requiring special accommodations must include the request for these services during registration.

    V. Copies of the Charter. The Secretary's Charter for the Physician-Focused Payment Model Technical Advisory Committee is available on the ASPE Web site at https://aspe.hhs.gov/medicare-access-and-chip-reauthorization-act-2015. Information about how to subscribe to the Committee's email listserv is found at https://aspe.hhs.gov/contact-physician-focused-payment-model-technical-advisory-committee.

    Dated: August 8, 2016. Kathryn E. Martin, Acting Assistant Secretary for Planning and Evaluation.
    [FR Doc. 2016-19732 Filed 8-17-16; 8:45 am] BILLING CODE 4150-05-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Meeting of the Presidential Advisory Council on HIV/AIDS AGENCY:

    Department of Health and Human Services, Office of the Secretary, Office of the Assistant Secretary for Health.

    ACTION:

    Notice.

    SUMMARY:

    As stipulated by the Federal Advisory Committee Act, the U.S. Department of Health and Human Service is hereby giving notice that the Presidential Advisory Council on HIV/AIDS (PACHA or the Council) will be holding a meeting to continue discussions and possibly develop recommendations regarding People Living with HIV/AIDS. The meeting will be open to the public.

    DATES:

    The meeting will be held on September 26, 2016, from 1:30 p.m. to approximately 5:00 p.m. (ET) and September 27, 2016, from 9:00 a.m. to approximately 12:00 p.m. (ET).

    ADDRESSES:

    200 Independence Avenue SW., Washington, DC 20201 in the Penthouse (eighth floor), Room 800.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Caroline Talev, Public Health Analyst, Presidential Advisory Council on HIV/AIDS, 330 C Street SW., Room L106B, Washington, DC 20024; (202) 795-7622 or [email protected] More detailed information about PACHA can be obtained by accessing the Council's page on the AIDS.gov site at www.aids.gov/pacha.

    SUPPLEMENTARY INFORMATION:

    PACHA was established by Executive Order 12963, dated June 14, 1995, as amended by Executive Order 13009, dated June 14, 1996. In a memorandum, dated July 13, 2010, and under Executive Order 13703, dated July 30, 2015, the President gave certain authorities to the PACHA for implementation of the National HIV/AIDS Strategy for the United States (Strategy). PACHA is currently operating under the authority given in Executive Order 13708, dated September 30, 2015.

    PACHA provides advice, information, and recommendations to the Secretary regarding programs, policies, and research to promote effective treatment, prevention, and cure of HIV disease and AIDS, including considering common co-morbidities of those infected with HIV as needed, to promote effective HIV prevention and treatment and quality services to persons living with HIV disease and AIDS.

    Substantial progress has been made in addressing the domestic HIV epidemic since the Strategy was released in July 2010. Under Executive Order 13703, the National HIV/AIDS Strategy for the United States: Updated to 2020 (Updated Strategy) was released. PACHA shall contribute to the federal effort to improve HIV prevention and care.

    The functions of the Council are solely advisory in nature.

    The Council consists of not more than 25 members. Council members are selected from prominent community leaders with particular expertise in, or knowledge of, matters concerning HIV and AIDS, public health, global health, philanthropy, marketing or business, as well as other national leaders held in high esteem from other sectors of society. Council members are appointed by the Secretary or designee, in consultation with the White House Office on National AIDS Policy. The agenda for the upcoming meeting will be posted on the AIDS.gov Web site at www.aids.gov/pacha.

    Public attendance at the meeting is limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify Caroline Talev at [email protected] Due to space constraints, pre-registration for public attendance is advisable and can be accomplished by contacting Caroline Talev at [email protected] by close of business on Monday, September 19, 2016. Members of the public will have the opportunity to provide comments at the meeting. Any individual who wishes to participate in the public comment session must register with Caroline Talev at [email protected] by close of business on Monday, September 19, 2016; registration for public comment will not be accepted by telephone. Individuals are encouraged to provide a written statement of any public comment(s) for accurate minute taking purposes. Public comment will be limited to two minutes per speaker. Any members of the public who wish to have printed material distributed to PACHA members at the meeting are asked to submit, at a minimum, 1 copy of the material(s) to Caroline Talev, no later than close of business on Monday, September 19, 2016.

    Dated: July 28, 2016. B. Kaye Hayes, Executive Director, Presidential Advisory Council on HIV/AIDS.
    [FR Doc. 2016-19660 Filed 8-17-16; 8:45 am] BILLING CODE 4150-43-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the Vaccine Research Center Board of Scientific Counselors, NIAID.

    The meeting will be closed to the public as indicated below in accordance with the provisions set forth in section 552b(c)(6), title 5 U.S.C., as amended for the review, discussion, and evaluation of individual intramural programs and projects conducted by the National Institute of Allergy and Infectious Diseases, including consideration of personnel qualifications and performance, and the competence of individual investigators, the disclosure of which would constitute a clearly unwarranted invasion of personnel privacy.

    Name of Committee: Vaccine Research Center Board of Scientific Counselors, NIAID.

    Date: September 8-9, 2016.

    Time: 8:00 a.m. to 2:30 p.m.

    Agenda: To review and evaluate personnel qualifications and performance, and competence of individual investigators.

    Place: National Institutes of Health, 40 Convent Drive, Bethesda, MD 20892.

    Contact Person: John R Mascola, MD, Deputy Director, Vaccine Research Center, NIAID, NIH, 40 Convent Drive, Bethesda, MD 20892, (301) 496-1852, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)

    Dated: August 12, 2016. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-19679 Filed 8-17-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Proposed Collection, 60-Day Comment Request: Certificate of Confidentiality Electronic Application System (OD) SUMMARY:

    In compliance with the requirements of the Paperwork Reduction Act of 1995, for opportunity for public comment on proposed data collection projects, the Office of Extramural Research (OER), the National Institutes of Health (NIH) will continue the use of the electronic application form for the submission of requests to the NIH for Certificates of Confidentiality (CoCs), which was launched in 2015.

    DATES:

    Comments regarding this information collection are best assured of having their full effect if received within 60 days of the date of this publication.

    FOR FURTHER INFORMATION CONTACT:

    To obtain a copy of the data collection plans and instruments, submit comments in writing, or request more information on the proposed project, contact: Dr. Ann M. Hardy, NIH Extramural Human Research Protections Officer and Coordinator, Certificates of Confidentiality, Office of Extramural Programs, OER, NIH, 3701 Rockledge Dr., Room 3002, Bethesda, MD 20892, or call non-toll-free number (301) 435-2690, or Email your request, including your address to: [email protected] Formal requests for additional plans and instruments must be requested in writing.

    SUPPLEMENTARY INFORMATION:

    Written comments and/or suggestions from the public and affected agencies are invited on one or more of the following points: (1) Whether the proposed collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility; (2) The accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) 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 the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    PROPOSED COLLECTION:

    Certificate of Confidentiality Electronic Application System 0925-0689, expiration date 01/30/2017, Office of Extramural Research (OER), National Institutes of Health (NIH).

    Need and Use of Information Collection: This application system provides one electronic form to be used by all research organizations that wish to request a Certificate of Confidentiality (CoC) from the NIH. As described in the authorizing legislation (Section 301(d) of the Public Health Service Act, 42 U.S.C. 241(d)), CoCs are issued by the agencies of Department of Health and Human Services (HHS), including the NIH, to authorize researchers conducting sensitive research to protect the privacy of human research subjects by enabling them to refuse to release names and identifying characteristics of subjects to anyone not connected with the research. At the NIH, the issuance of CoCs has been delegated to the individual NIH Institutes and Centers (ICs). To make the application process consistent across the entire agency, OER launched an electronic application system in 2015 that is used by research organizations that wish to request a CoC from any NIH IC. Having one system for all CoC applications to the NIH is more efficient for both applicants and NIH staff who process these requests. The NIH uses the information in the application to determine eligibility for a CoC and to issue the CoC to the requesting organization. It is anticipated that the NIH ICs will issue approximately 1300 new CoCs each year for eligible research projects.

    OMB approval is requested for 3 years. There are no costs to respondents other than their time. The total annualized burden hours estimate is 1,951.

    Estimated Annualized Burden Hours Type of respondents Number of
  • respondents
  • Frequency of response Average time per response
  • (in hours)
  • Total annual burden hours
    CoC Applicants—Private 455 1 90/60 683 CoC Applicants—State/local 650 1 90/60 975 CoC Applicants—Small business 130 1 90/60 195 CoC Applicants—Federal 65 1 90/60 98 Total 1,300 1,300 1,951
    Dated: August 8, 2016. Lawrence Tabak, Deputy Director, National Institutes of Health.
    [FR Doc. 2016-19523 Filed 8-17-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Fogarty International Center; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of a meeting of the Fogarty International Center Advisory Board.

    The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable materials, and personal information concerning individuals associated with the grant applications the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Fogarty International Center Advisory Board.

    Date: September 12-13, 2016.

    Closed: September 12, 2016, 2:00 p.m. to 5:00 p.m.

    Agenda: Second level review of grant applications.

    Place: National Institutes of Health, Stone House, Building 16, Conference Room, Bethesda, MD 20892.

    Open: September 13, 2016, 9:00 a.m. to 3:00 p.m.

    Agenda: Update and discussion of current and planned FIC activities, including an overview and presentations from grantees of our International Research Scientist Development Award (IRSDA) Program and a presentation by Dr. Pamela Collins on global mental health research.

    Place: National Institutes of Health, Stone House, Building 16, Conference Room, Bethesda, MD 20892.

    Contact Person: Kristen Weymouth, Executive Secretary, Fogarty International Center, National Institutes of Health, 31 Center Drive, Room B2C02, Bethesda, MD 20892, (301) 496-1415, [email protected]

    Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.

    In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit.

    Information is also available on the Institute's/Center's home page: http://www.fic.nih.gov/About/Advisory/Pages/default.aspx, where an agenda and any additional information for the meeting will be posted when available.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.106, Minority International Research Training Grant in the Biomedical and Behavioral Sciences; 93.154, Special International Postdoctoral Research Program in Acquired Immunodeficiency Syndrome; 93.168, International Cooperative Biodiversity Groups Program; 93.934, Fogarty International Research Collaboration Award; 93.989, Senior International Fellowship Awards Program, National Institutes of Health HHS)

    Dated: August 12, 2016. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-19682 Filed 8-17-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Mental Health; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Mental Health Special Emphasis Panel; Interventions/Biomarkers.

    Date: September 9, 2016.

    Time: 10:30 a.m. to 3:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852 (Telephone Conference Call).

    Contact Person: David I. Sommers, Ph.D., Scientific Review Officer, Division of Extramural Activities, National Institute of Mental Health, National Institutes of Health, 6001 Executive Blvd., Room 6154, MSC 9606, Bethesda, MD 20892-9606, 301-443-7861, [email protected]

    Name of Committee: National Institute of Mental Health Special Emphasis Panel; NRSA Institutional Research TrainingT32.

    Date: September 22, 2016.

    Time: 8:30 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: David M. Armstrong, Ph.D., Scientific Review Officer, Division of Extramural Activities, National Institute of Mental Health, NIH Neuroscience Center/Room 6138/MSC 9608, 6001 Executive Boulevard, Bethesda, MD 20892-9608, 301-443-3534, [email protected]

    (Catalogue of Federal Domestic Assistance Program No. 93.242, Mental Health Research Grants, National Institutes of Health, HHS)
    Dated: August 12, 2016. Carolyn A. Baum, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-19680 Filed 8-17-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2016-0002] Final Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final notice.

    SUMMARY:

    Flood hazard determinations, which may include additions or modifications of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where applicable, in the supporting Flood Insurance Study (FIS) reports have been made final for the communities listed in the table below.

    The FIRM and FIS report are the basis of the floodplain management measures that a community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the Federal Emergency Management Agency's (FEMA's) National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report are used by insurance agents and others to calculate appropriate flood insurance premium rates for buildings and the contents of those buildings.

    DATES:

    The effective date of November 4, 2016 which has been established for the FIRM and, where applicable, the supporting FIS report showing the new or modified flood hazard information for each community.

    ADDRESSES:

    The FIRM, and if applicable, the FIS report containing the final flood hazard information for each community is available for inspection at the respective Community Map Repository address listed in the tables below and will be available online through the FEMA Map Service Center at www.msc.fema.gov by the effective date indicated above.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the new or modified flood hazard information for each community listed. Notification of these changes has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Mitigation has resolved any appeals resulting from this notification.

    This final notice is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60.

    Interested lessees and owners of real property are encouraged to review the new or revised FIRM and FIS report available at the address cited below for each community or online through the FEMA Map Service Center at www.msc.fema.gov.

    The flood hazard determinations are made final in the watersheds and/or communities listed in the table below.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: August 3, 2016. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. Community Community map repository address Sarasota County, Florida and Incorporated Areas Docket No.: FEMA-B-1461 City of North Port Building Office, 4970 City Hall Boulevard, North Port, FL 34286. City of Sarasota City Hall, 1565 1st Street, Sarasota, FL 34236. City of Venice City Hall, 401 West Venice Avenue, Venice, FL 34285. Town of Longboat Key Public Works Department, 600 General Harris Street, Longboat Key, FL 34228. Unincorporated Areas of Sarasota County Sarasota County Zoning Department, 1001 Sarasota Center Boulevard, Sarasota, FL 34240. Plymouth County, Massachusetts (All Jurisdictions) Docket No.: FEMA-B-1326 Town of Duxbury Town Hall, 878 Tremont Street, Duxbury, MA 02332. Town of Kingston Town Hall, 26 Evergreen Street, Kingston, MA 02364. Town of Marshfield Town Hall, 870 Moraine Street, Marshfield, MA 02050. Town of Norwell Town Hall, 345 Main Street, Norwell, MA 02061. Town of Plymouth Town Hall, 11 Lincoln Street, Plymouth, MA 02360. Town of Scituate Town Hall, 600 Chief Justice Cushing Highway, Scituate, MA 02066. Bernalillo County, New Mexico and Incorporated Areas Docket No.: FEMA-B-1523 City of Albuquerque Development Review Services Division, 600 2nd Street Northwest, Suite 201, Albuquerque, NM 87102. Unincorporated Areas of Bernalillo County Bernalillo County Public Works Division, 2400 Broadway Southeast, Albuquerque, NM 87102. San Patricio County, Texas and Incorporated Areas Docket No.: FEMA-B-1510 City of Aransas Pass City Hall, 600 West Cleveland Boulevard, Aransas Pass, TX 78336. City of Gregory City Hall, 204 West 4th Street, Gregory, TX 78359. City of Ingleside City Hall Annex, 2665 San Angelo Street, Ingleside, TX 78362. City of Ingleside on the Bay Ingleside on the Bay City Hall, 475 Starlight Drive, Ingleside, TX 78362. City of Lake City City Hall, 132 Cox Drive, Lake City, TX 78368. City of Lakeside Community Center, 101 Weber Lane, Lakeside, TX 78368. City of Mathis City Hall, 411 East San Patricio Avenue, Mathis, TX 78368. City of Odem City Hall, 514 Voss Avenue, Odem, TX 78370. City of Portland Public Works, 1101 Moore Avenue, Portland, TX 78374. City of San Patricio City Hall, 4516 Main Street, San Patricio, TX 78368. City of Sinton City Hall, 301 East Market Street, Sinton, TX 78387. City of Taft City Hall, 501 Green Avenue, Taft, TX 78390. Unincorporated Areas of San Patricio County Plymouth Annex Building, 313 North Rachal Avenue, Sinton, TX 78387.
    [FR Doc. 2016-19668 Filed 8-17-16; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2016-0002] Final Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final Notice.

    SUMMARY:

    Flood hazard determinations, which may include additions or modifications of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where applicable, in the supporting Flood Insurance Study (FIS) reports have been made final for the communities listed in the table below.

    The FIRM and FIS report are the basis of the floodplain management measures that a community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the Federal Emergency Management Agency's (FEMA's) National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report are used by insurance agents and others to calculate appropriate flood insurance premium rates for buildings and the contents of those buildings.

    DATES:

    The effective date of December 8, 2016 which has been established for the FIRM and, where applicable, the supporting FIS report showing the new or modified flood hazard information for each community.

    ADDRESSES:

    The FIRM, and if applicable, the FIS report containing the final flood hazard information for each community is available for inspection at the respective Community Map Repository address listed in the tables below and will be available online through the FEMA Map Service Center at www.msc.fema.gov by the effective date indicated above.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW., Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the new or modified flood hazard information for each community listed. Notification of these changes has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Insurance and Mitigation has resolved any appeals resulting from this notification.

    This final notice is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60.

    Interested lessees and owners of real property are encouraged to review the new or revised FIRM and FIS report available at the address cited below for each community or online through the FEMA Map Service Center at www.msc.fema.gov.

    The flood hazard determinations are made final in the watersheds and/or communities listed in the table below.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: August 3, 2016. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

    I. Watershed-based studies:

    Community Community map repository address Upper Ocmulgee Watershed DeKalb County, Georgia and Incorporated Areas Docket No.: FEMA-B-1523 City of Lithonia City Hall, 6920 Main Street, Lithonia, GA 30058. City of Stone Mountain City Hall, 875 Main Street, Stone Mountain, GA 30083. Unincorporated Areas of DeKalb County DeKalb County Roads and Drainage Department, 727 Camp Road, Decatur, GA 30032. Rockdale County, Georgia and Incorporated Areas Docket No.: FEMA-B-1523 City of Conyers Planning and Inspection Services, 1174 Scott Street, Conyers, GA 30012. Unincorporated Areas of Rockdale County Rockdale County Administration and Services Building, 958 Milstead Avenue, Conyers, GA 30012. Walton County, Georgia and Incorporated Areas Docket No.: FEMA-B-1523 City of Loganville Planning and Development Office, 4385 Pecan Street, Loganville, GA 30052. City of Monroe City Hall, 215 North Broad Street, Monroe, GA 30655. City of Social Circle City Hall, 166 North Cherokee Road, Social Circle, GA 30025. City of Walnut Grove Walnut Grove City Hall, 2581 Leone Avenue, Loganville, GA 30052. Town of Between Between Town Hall, 2150 New Hope Church Road Southwest, Monroe, GA 30655. Unincorporated Areas of Walton County Walton County Planning and Development Office, 303 South Hammond Drive, Monroe, GA 30655. Lower Wisconsin Watershed Richland County, Wisconsin and Incorporated Areas Docket No.: FEMA-B-1426 City of Richland Center City Hall, 450 South Main Street, Richland Center, WI 53581. Unincorporated Areas of Richland County Richland County Zoning Administrator Office, 181 West Seminary Street, Room 309, Richland Center, WI 53581. Village of Boaz Boaz Village Hall, 25433 Jackson Street, Richland Center, WI 53581. Village of Cazenovia Village Hall, 310 North Highway 58, Cazenovia, WI 53924. Village of Lone Rock Village Hall, 314 East Forest Street, Lone Rock, WI 53556. Village of Viola Village Hall, 106 West Wisconsin Street, Viola, WI 54664. Village of Yuba Village Hall, 22099 Main Street, Yuba, WI 54634.

    II. Non-watershed-based studies:

    Community Community map repository address Brown County, Indiana and Incorporated Areas Docket No.: FEMA-B-1463 Town of Nashville Brown County Area Plan Commission, 201 Locust Lane, Nashville, IN 47448. Unincorporated Areas of Brown County Brown County Area Plan Commission, 201 Locust Lane, Nashville, IN 47448. Benton County, Oregon and Incorporated Areas Docket No.: FEMA-B-1511 Unincorporated Areas of Benton County Benton County Community Development Department, 360 Southwest Avery Avenue, Corvallis, OR 97333. Linn County, Oregon and Incorporated Areas Docket No.: FEMA-B-1511 City of Albany City Hall, 333 Broadalbin Street Southwest, Albany, OR 97321. Unincorporated Areas of Linn County Linn County Courthouse, 300 Southwest 4th Avenue, Albany, OR 97321.
    [FR Doc. 2016-19669 Filed 8-17-16; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2016-0002] Final Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final Notice.

    SUMMARY:

    Flood hazard determinations, which may include additions or modifications of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where applicable, in the supporting Flood Insurance Study (FIS) reports have been made final for the communities listed in the table below.

    The FIRM and FIS report are the basis of the floodplain management measures that a community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the Federal Emergency Management Agency's (FEMA's) National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report are used by insurance agents and others to calculate appropriate flood insurance premium rates for buildings and the contents of those buildings.

    DATES:

    The effective date of November 18, 2016 which has been established for the FIRM and, where applicable, the supporting FIS report showing the new or modified flood hazard information for each community.

    ADDRESSES:

    The FIRM, and if applicable, the FIS report containing the final flood hazard information for each community is available for inspection at the respective Community Map Repository address listed in the tables below and will be available online through the FEMA Map Service Center at www.msc.fema.gov by the effective date indicated above.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW., Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the new or modified flood hazard information for each community listed. Notification of these changes has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Insurance and Mitigation has resolved any appeals resulting from this notification.

    This final notice is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60.

    Interested lessees and owners of real property are encouraged to review the new or revised FIRM and FIS report available at the address cited below for each community or online through the FEMA Map Service Center at www.msc.fema.gov.

    The flood hazard determinations are made final in the watersheds and/or communities listed in the table below.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: August 3, 2016. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. Community Community map repository address Wheeler Lake Watershed Franklin County, Tennessee and Incorporated Areas Docket No.: FEMA-B-1523 Unincorporated Areas of Franklin County Franklin County Planning and Zoning Office, 1 South Jefferson Street, Winchester, TN 37398. Lawrence County, Tennessee and Incorporated Areas Docket No.: FEMA-B-1523 Unincorporated Areas of Lawrence County Lawrence County/City of Lawrenceburg Emergency Management Agency, 25 Public Square, Lawrenceburg, TN 38464. Lincoln County, Tennessee and Incorporated Areas Docket No.: FEMA-B-1523 Unincorporated Areas of Lincoln County Lincoln County Courthouse, 312 West Market Street, Fayetteville, TN 37334.
    [FR Doc. 2016-19664 Filed 8-17-16; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2016-0002] Final Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final Notice.

    SUMMARY:

    Flood hazard determinations, which may include additions or modifications of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where applicable, in the supporting Flood Insurance Study (FIS) reports have been made final for the communities listed in the table below.

    The FIRM and FIS report are the basis of the floodplain management measures that a community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the Federal Emergency Management Agency's (FEMA's) National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report are used by insurance agents and others to calculate appropriate flood insurance premium rates for buildings and the contents of those buildings.

    DATES:

    The effective date of October 20, 2016 which has been established for the FIRM and, where applicable, the supporting FIS report showing the new or modified flood hazard information for each community.

    ADDRESSES:

    The FIRM, and if applicable, the FIS report containing the final flood hazard information for each community is available for inspection at the respective Community Map Repository address listed in the tables below and will be available online through the FEMA Map Service Center at www.msc.fema.gov by the effective date indicated above.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW., Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the new or modified flood hazard information for each community listed. Notification of these changes has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Insurance and Mitigation has resolved any appeals resulting from this notification.

    This final notice is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60.

    Interested lessees and owners of real property are encouraged to review the new or revised FIRM and FIS report available at the address cited below for each community or online through the FEMA Map Service Center at www.msc.fema.gov.

    The flood hazard determinations are made final in the watersheds and/or communities listed in the table below.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: August 3, 2016. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

    I. Non-watershed-based studies:

    Community Community map repository address Kenai Peninsula Borough, Alaska and Incorporated Areas Docket No.: FEMA-B-1436 City of Homer City of Homer, Planning and Zoning Office, 491 East Pioneer Avenue, Homer, AK 99603. City of Kenai Donald E. Gilman River Center, 514 Funny River Road, Soldotna, AK 99669. City of Seward City Hall Annex, 238 5th Avenue, Seward, AK 99664. Kenai Peninsula Borough Donald E. Gilman River Center, 514 Funny River Road, Soldotna, AK 99669. Cochise County, Arizona and Incorporated Areas Docket No.: FEMA-B-1524 City of Douglas Department of Public Works, 425 East 10th Street, Douglas, AZ 85607. Unincorporated Areas of Cochise County Cochise County Flood Control District, 1415 West Melody Lane, Building F, Bisbee, AZ 85603. Sacramento County, California and Incorporated Areas Docket No.: FEMA-B-1532 City of Galt Public Works Department, 495 Industrial Drive, Galt, CA 95632. Unincorporated Areas of Sacramento County Municipal Services Agency, Department of Water Resources, 827 7th Street, Suite 301, Sacramento, CA 95814. San Joaquin County, California and Incorporated Areas Docket No.: FEMA-B-1532 Unincorporated Areas of San Joaquin County Public Works, 1810 East Hazelton Avenue, Stockton, CA 95205. Lyon County, Nevada and Incorporated Areas Docket No.: FEMA-B-1529 Unincorporated Areas of Lyon County 27 South Main Street, Yerington, NV 89447.
    [FR Doc. 2016-19663 Filed 8-17-16; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-B-1641] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice lists communities where the addition or modification of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or the regulatory floodway (hereinafter referred to as flood hazard determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and where applicable, in the supporting Flood Insurance Study (FIS) reports, prepared by the Federal Emergency Management Agency (FEMA) for each community, is appropriate because of new scientific or technical data. The FIRM, and where applicable, portions of the FIS report, have been revised to reflect these flood hazard determinations through issuance of a Letter of Map Revision (LOMR), in accordance with Title 44, Part 65 of the Code of Federal Regulations (44 CFR part 65). The LOMR will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings. For rating purposes, the currently effective community number is shown in the table below and must be used for all new policies and renewals.

    DATES:

    These flood hazard determinations will become effective on the dates listed in the table below and revise the FIRM panels and FIS report in effect prior to this determination for the listed communities.

    From the date of the second publication of notification of these changes in a newspaper of local circulation, any person has 90 days in which to request through the community that the Deputy Associate Administrator for Insurance and Mitigation reconsider the changes. The flood hazard determination information may be changed during the 90-day period.

    ADDRESSES:

    The affected communities are listed in the table below. Revised flood hazard information for each community is available for inspection at both the online location and the respective community map repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at www.msc.fema.gov for comparison.

    Submit comments and/or appeals to the Chief Executive Officer of the community as listed in the table below.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW., Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The specific flood hazard determinations are not described for each community in this notice. However, the online location and local community map repository address where the flood hazard determination information is available for inspection is provided.

    Any request for reconsideration of flood hazard determinations must be submitted to the Chief Executive Officer of the community as listed in the table below.

    The modifications are made pursuant to section 201 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    The FIRM and FIS report are the basis of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

    These flood hazard determinations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. The flood hazard determinations are in accordance with 44 CFR 65.4.

    The affected communities are listed in the following table. Flood hazard determination information for each community is available for inspection at both the online location and the respective community map repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at www.msc.fema.gov for comparison.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: August 3, 2016. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. State and county Location and
  • case No.
  • Chief executive officer of
  • community
  • Community map
  • repository
  • Online location of letter of map revision Effective date of
  • modification
  • Community
  • No.
  • Illinois: Cook Village of Elmwood Park (15-05-7561P) The Honorable Angelo Saviano, Village President, Elmwood Park, Elmwood Park Village Hall, 11 Conti Parkway, Elmwood Park, IL 60707 Village Hall, 11 Conti Parkway, Elmwood Park, IL 60707 http://www.msc.fema.gov/lomc Sept. 28, 2016 170089 Cook Village of River Grove (15-05-7561P) The Honorable Marilynn J. May, Village President, Village of River Grove, 2621 North Thatcher Avenue, River Grove, IL 60171 Village Hall, Administrative Offices, 2621 North Thatcher Avenue, River Grove, IL 60171 http://www.msc.fema.gov/lomc Sept. 28, 2016 170152 Whiteside City of Morrison (16-05-2654P) The Honorable R. Everett Pannier, Mayor, City of Morrison, 200 West Main Street, Morrison, IL 61270 City Hall, 200 West Main Street, Morrison, IL 61270 http://www.msc.fema.gov/lomc Oct. 19, 2016 170691 Whiteside Unincorporated Areas of Whiteside County (16-05-2654P) The Honorable James C. Duffy, Chairman, Whiteside County Board, 200 East Knox Street, Morrison, IL 61270 County Courthouse, 200 East Knox Street, Morrison, IL 61270 http://www.msc.fema.gov/lomc Oct. 19, 2016 170687 Will City of Joliet (16-05-2519P) The Honorable Robert O'Dekirk, Mayor, City of Joliet, 150 West Jefferson Street, Joliet, IL 60432 City Hall, 150 West Jefferson Street, Joliet, IL 60432 http://www.msc.fema.gov/lomc Sept. 16, 2016 170702 Will City of Lockport (16-05-2927P) The Honorable Steven Streit, Mayor, City of Lockport, 222 East 9th Street, Lockport, IL 60441 Public Works and Engineering, 17112 South Prime Boulevard, Lockport, IL 60441 http://www.msc.fema.gov/lomc Oct. 3, 2016 170703 Kansas: Johnson City of Edgerton (16-07-1285X) The Honorable Donald B. Roberts, Mayor, City of Edgerton, 404 East Nelson Street, P.O. Box 255, Edgerton, KS 66021 City Hall, 404 East Nelson Street, Edgerton, KS 66021 http://www.msc.fema.gov/lomc Oct. 10, 2016 200162 Johnson City of Gardner (16-07-1285X) The Honorable Chris C. Morrow, Mayor, City of Gardner, 420 North Cherry Street, Gardner, KS 66030 City Hall, 120 East Main Street, Gardner, KS 66030 http://www.msc.fema.gov/lomc Oct. 10, 2016 200164 Johnson Unincorporated Areas of Johnson County (16-07-1285X) The Honorable Ed Eilert, Chairman, Johnson County, 111 South Cherry Street, Suite 3300, Olathe, KS 66061 County Courthouse Planning Office, 111 South Cherry Street, Suite 3500, Olathe, KS 66061 http://www.msc.fema.gov/lomc Oct. 10, 2016 200159 Missouri: St. Charles City of Cottleville (15-07-0674P) The Honorable Jim Hennessey, Mayor, City of Cottleville, 5490 5th Street, Cottleville, MO 63304 City Hall, 5490 5th Street, Cottleville, MO 63304 http://www.msc.fema.gov/lomc Sept. 21, 2016 290898 St. Charles City of O'Fallon (15-07-0674P) The Honorable Bill Hennessy, Mayor, City of O'Fallon, 100 North Main Street, O'Fallon, MO 63366 City Hall, 100 North Main Street, O'Fallon, MO 63366 http://www.msc.fema.gov/lomc Sept. 21, 2016 290316 St. Charles Unincorporated Areas of St. Charles County (15-07-0674P) Mr. Steve Ehlmann, County Executive, St. Charles County, 100 North 3rd Street, Suite 318, St. Charles, MO 63301 County Administration Building, 201 North 2nd Street, Suite 420, St. Charles, MO 63301 http://www.msc.fema.gov/lomc Sept. 21, 2016 290315 Ohio: Cuyahoga City of Strongsville (16-05-2288P) The Honorable Thomas, P. Perciak, Mayor, City of Strongsville, City Hall, 16099 Foltz Parkway, Strongsville, OH 44149 City Hall, 16099 Foltz Parkway, Strongsville, OH 44149 http://www.msc.fema.gov/lomc Sept. 29, 2016 390132 Texas: Tarrant City of Fort Worth (16-06-1158P) The Honorable Betsy Price, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102 Department of Transportation and Public Works, 1000 Throckmorton Street, Fort Worth, TX 76102 http://www.msc.fema.gov/lomc Sept. 30, 2016 480596
    [FR Doc. 2016-19665 Filed 8-17-16; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2016-0002] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final Notice.

    SUMMARY:

    New or modified Base (1-percent annual chance) Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, and/or regulatory floodways (hereinafter referred to as flood hazard determinations) as shown on the indicated Letter of Map Revision (LOMR) for each of the communities listed in the table below are finalized. Each LOMR revises the Flood Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance Study (FIS) reports, currently in effect for the listed communities. The flood hazard determinations modified by each LOMR will be used to calculate flood insurance premium rates for new buildings and their contents.

    DATES:

    The effective date for each LOMR is indicated in the table below.

    ADDRESSES:

    Each LOMR is available for inspection at both the respective Community Map Repository address listed in the table below and online through the FEMA Map Service Center at www.msc.fema.gov.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 500 C Street SW., Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final flood hazard determinations as shown in the LOMRs for each community listed in the table below. Notice of these modified flood hazard determinations has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Mitigation has resolved any appeals resulting from this notification.

    The modified flood hazard determinations are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals.

    The new or modified flood hazard information is the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to remain qualified for participation in the National Flood Insurance Program (NFIP).

    This new or modified flood hazard information, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities.

    This new or modified flood hazard determinations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings, and for the contents in those buildings. The changes in flood hazard determinations are in accordance with 44 CFR 65.4.

    Interested lessees and owners of real property are encouraged to review the final flood hazard information available at the address cited below for each community or online through the FEMA Map Service Center at www.msc.fema.gov.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: August 3, 2016. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. State and county Location and
  • case No.
  • Chief executive officer of
  • community
  • Community map
  • repository
  • Effective date of
  • modification
  • Community
  • No.
  • Idaho: Ada (FEMA Docket No.: B-1606) Unincorporated areas of Ada County (16-10-0201X) The Honorable Dave Case, District Commissioner, Ada County, 200 West Front Street, 3rd Floor, Boise, ID 83702 County Courthouse, 200 West Front Street, 3rd Floor, Boise, ID 83702 Apr. 15, 2016 160001 Valley (FEMA Docket No.: B-1606) City of Donnelly (16-10-0166P) The Honorable Bradley Backus, Mayor, City of Donnelly, 169 Halferty Street, Donnelly, ID 83615 City Hall, 169 Halferty Street, Donnelly, ID 83615 Apr. 22, 2016 160121 Valley (FEMA Docket No.: B-1606) Unincorporated areas of Valley County (16-10-0166P) The Honorable Gordon Cruickshank, Chairman, Valley County Board of Commissioners, 219 North Main Street, Cascade, ID 83611 Valley County Planning and Zoning Department, 219 North Main Street, Cascade, ID 83611 Apr. 22, 2016 160220 Indiana: Decatur (FEMA Docket No.: B-1606) City of Greensburg (15-05-5745P) The Honorable Gary L. Herbert, Mayor, City of Greensburg, 314 West Washington Street, Greensburg, IN 47240 City Hall, 314 West Washington Street, Greensburg, IN 47240 Apr. 27, 2016 180043 Decatur (FEMA Docket No.: B-1606) Unincorporated areas of Decatur County (15-05-5745P) Mr. Rick J. Nobbe, Chairman, Decatur County Board of Commissioners, 150 Courthouse Square, Suite 133, Greensburg, IN 47240 Decatur County Planning and Zoning Department, Decatur County Courthouse, 150 Courthouse Square, Suite 117, Greensburg, IN 47240 Apr. 27, 2016 180430 Massachusetts: Middlesex (FEMA Docket No.: B-1606) City of Cambridge (15-01-2142P) The Honorable David P. Maher, Mayor, City of Cambridge, 495 Massachusetts Avenue, Cambridge, MA 02139 City Hall, 495 Massachusetts Avenue, Cambridge, MA 02139 Apr. 8, 2016 250186 Middlesex (FEMA Docket No.: B-1606) Town of Arlington (15-01-2142P) Mr. Kevin F. Greeley, Chairman, Town of Arlington, Board of Selectmen, 730 Massachusetts Avenue, Arlington, MA 02476 Planning and Community Development Department, 730 Massachusetts Avenue Annex, Arlington, MA 02476 Apr. 8, 2016 250177 Middlesex (FEMA Docket No.: B-1606) Town of Belmont (15-01-2142P) Mr. Sami S. Baghdady, Chairman, Town of Belmont, Board of Selectmen, 455 Concord Avenue, Belmont, MA 02478 Public Works Department, 455 Concord Avenue, Belmont, MA 02478 Apr. 8, 2016 250182 Norfolk (FEMA Docket No.: B-1513) City of Quincy (15-01-0874P) The Honorable Thomas P. Koch, Mayor, City of Quincy, City Hall, 1305 Hancock Street, Quincy, MA 02169 City Hall, 1305 Hancock Street, Quincy, MA 02169 Aug. 21, 2015 255219 Norfolk (FEMA Docket No.: B-1513) Town of Milton (15-01-0874P) Mr. Denis Keohane, Selectman, Town of Milton, Town Office Building, 525 Canton Avenue, Milton, MA 02186 Town Office Building, 525 Canton Avenue, Milton, MA 02186 Aug. 21, 2015 250245 Michigan: Macomb (FEMA Docket No.: B-1606) Charter Township of Washington (15-05-6512P) Mr. Dan O'Leary, Township Supervisor, Charter Township of Washington, 57900 Van Dyke Road, Washington, MI 48094 Planning and Zoning Department, 57900 Van Dyke Road, Washington, MI 48094 Mar. 18, 2016 260447 Macomb (FEMA Docket No.: B-1606) Township of Macomb (16-05-0488P) Ms. Janet Dunn, Supervisor, Township of Macomb, 54111 Broughton Road, Macomb, MI 48042 Planning and Zoning Department, 54111 Broughton Road, Macomb, MI 48042 Apr. 19, 2016 260445 Minnesota: Cottonwood (FEMA Docket No.: B-1606) City of Windom (15-05-5228P) The Honorable Corey Maricle, Mayor, City of Windom, 444 9th Street, P.O. Box 38, Windom, MN 56101 City Hall, 444 9th Street, Windom, MN 56101 Mar. 17, 2016 270090 New York: Monroe (FEMA Docket No.: B-1606) Town of Henrietta (15-02-1216P) The Honorable Jack W. Moore, Town Supervisor, Town of Henrietta, 475 Calkins Road, Henrietta, NY 14467 Town Hall, 475 Calkins Road, Henrietta, NY 14467 Apr. 5, 2016 360419 Pennsylvania: Monroe (FEMA Docket No.: B-1606) Borough of East Stroudsburg (15-03-2847P) The Honorable Armand M. Martinelli, Mayor, Borough of East Stroudsburg, 24 Analomink Street, P.O. Box 303, East Stroudsburg, PA 18301 Municipal Building 24 Analomink Street, East Stroudsburg, PA 18301 Apr. 26, 2016 420691 Monroe (FEMA Docket No.: B-1606) Borough of Stroudsburg (15-03-2847P) Mr. Boyd Weiss, President of Council Borough of Stroudsburg, 700 Sarah Street, Stroudsburg, PA 18360 Municipal Building, 700 Sarah Street, Stroudsburg, PA 18360 Apr. 26, 2016 420694 Monroe (FEMA Docket No.: B-1606) Township of Stroud (15-03-2847P) Mr. Edward C. Cramer, Chairman, Township of Stroud, Board of Supervisors, 1211 North 5th Street, Stroudsburg, PA 18360 Municipal Building, 1211 North 5th Street, Stroudsburg, PA 18360 Apr. 26, 2016 420693 South Carolina: Greenville (FEMA Docket No.: B-1606) City of Greenville (15-04-4735P) The Honorable Knox White, Mayor, City of Greenville, 206 South Main Street, P.O. Box 2207, Greenville, SC 29601 City Hall, 206 South Main Street, Greenville, SC 29601 Apr. 25, 2016 450091 Texas: Collin (FEMA Docket No.: B-1606) City of Dallas (15-06-3975P) The Honorable Michael S. Rawlings, Mayor, City of Dallas, 1500 Marilla Street, Room 5EN, Dallas, TX 75201 City Hall, 320 East Jefferson Boulevard, Room 321, Dallas, TX 75203 Apr. 15, 2016 480171 Tarrant (FEMA Docket No.: B-1606) City of Fort Worth (15-06-2415P) The Honorable Betsy Price, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102 City Hall, 1000 Throckmorton Street, Fort Worth, TX 76102 Apr. 13, 2016 480596 Virginia: Pittsylvania (FEMA Docket No.: B-1606) City of Danville (15-03-1839P) The Honorable Sherman Saunders, Mayor, City of Danville, 115 Druid Lane, Danville, VA 24541 City Hall, 427 Patton Street, Danville, VA 24541 Mar. 25, 2016 510044 Roanoke (FEMA Docket No.: B-1551) City of Roanoke (14-03-3119P) The Honorable David A. Bowers, Mayor, City of Roanoke, 215 Church Avenue, Southwest, Room 452, Roanoke, VA 24011 Engineering Department, Municipal Building, 215 Church Avenue, Roanoke, VA 24011 Dec. 30, 2015 510130 Washington: King (FEMA Docket No.: B-1606) City of Bellevue (15-10-0979P) Mr. Brad Miyake, City Manager, City of Bellevue, 450 110th Avenue Northeast, Bellevue, WA 98009 City Hall, 450 110th Avenue Northeast, Bellevue, WA 98009 Mar. 15, 2016 530074 Spokane (FEMA Docket No.: B-1606) City of Spokane Valley (15-10-1394P) The Honorable David A. Condon, Mayor, City of Spokane Valley, 808 West Spokane Falls Boulevard, Spokane, WA 99201 City Hall, 11707 East Sprague, Suite 106, Spokane Valley, WA 99203 Mar. 18, 2016 530342 Wisconsin: St. Croix (FEMA Docket No.: B-1606) Unincorporated areas of St. Croix County (15-05-3808P) The Honorable Roger Larson, Chairman, Board of County Supervisors, St. Croix County, 1101 Carmichael Road, Hudson, WI 54016 County Office Building, 1101 Carmichael Road, Hudson, WI 54016 Apr. 1, 2016 555578
    [FR Doc. 2016-19662 Filed 8-17-16; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2016-0002] Final Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final notice.

    SUMMARY:

    Flood hazard determinations, which may include additions or modifications of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where applicable, in the supporting Flood Insurance Study (FIS) reports have been made final for the communities listed in the table below.

    The FIRM and FIS report are the basis of the floodplain management measures that a community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the Federal Emergency Management Agency's (FEMA's) National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report are used by insurance agents and others to calculate appropriate flood insurance premium rates for buildings and the contents of those buildings.

    DATES:

    The effective date of December 22, 2016 which has been established for the FIRM and, where applicable, the supporting FIS report showing the new or modified flood hazard information for each community.

    ADDRESSES:

    The FIRM, and if applicable, the FIS report containing the final flood hazard information for each community is available for inspection at the respective Community Map Repository address listed in the tables below and will be available online through the FEMA Map Service Center at www.msc.fema.gov by the effective date indicated above.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW., Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the new or modified flood hazard information for each community listed. Notification of these changes has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Insurance and Mitigation has resolved any appeals resulting from this notification.

    This final notice is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60.

    Interested lessees and owners of real property are encouraged to review the new or revised FIRM and FIS report available at the address cited below for each community or online through the FEMA Map Service Center at www.msc.fema.gov.

    The flood hazard determinations are made final in the watersheds and/or communities listed in the table below.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: August 3, 2016. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. I. Watershed-Based Studies Harpeth Watershed Community Community map repository address Cheatham County, Tennessee and Incorporated Areas Docket No.: FEMA-B-1457 Town of Kingston Springs Town Hall, 396 Spring Street, Kingston Springs, TN 37082. Town of Pegram Town Hall, 308 Highway 70, Pegram, TN 37143. Unincorporated Areas of Cheatham County Cheatham County Floodplain Administrator's Office, 264 South Main Street, Ashland City, TN 37015. Dickson County, Tennessee and Incorporated Areas Docket No.: FEMA-B-1457 Unincorporated Areas of Dickson County Dickson County Director of Planning and Zoning, 4 Court Square, Charlotte, TN 37036. Williamson County, Tennessee and Incorporated Areas Docket No.: FEMA-B-1457 City of Brentwood City Hall, 5211 Maryland Way, Brentwood, TN 37027. City of Fairview City Hall, 7100 City Center Circle, Fairview, TN 37062. City of Franklin City Hall, Code Department, 109 3rd Avenue South, Franklin, TN 37064. Unincorporated Areas of Williamson County Williamson County Complex, Planning Department, 1320 West Main Street, Suite 125, Franklin, TN 37064. II. Non-Watershed-Based Studies Community Community map repository address Polk County, Florida and Incorporated Areas Docket No.: FEMA-B-1521 City of Auburndale City Hall, 1 Bobby Green Plaza, Auburndale, FL 33823. City of Bartow City Hall, Building Department, 450 North Wilson Avenue, Bartow, FL 33830. City of Davenport City Hall, 1 South Allapaha Avenue, Davenport, FL 33837. City of Eagle Lake City Hall, 75 North 7th Street, Eagle Lake, FL 33839. City of Fort Meade Building Department, 521 Northwest 4th Street, Fort Meade, FL 33841. City of Frostproof City Hall, 111 West 1st Street, Frostproof, FL 33843. City of Haines City City Hall, 620 East Main Street, Haines City, FL 33844. City of Lake Alfred Building Department, 120 East Pomelo Street, Lake Alfred, FL 33850. City of Lake Wales Municipal Administration Building, 201 West Central Avenue, Lake Wales, FL 33853. City of Lakeland City Hall, 228 South Massachusetts Avenue, Lakeland, FL 33801. City of Mulberry City Hall, 104 South Church Avenue, Mulberry, FL 33860. City of Polk City City Hall, 123 Broadway Boulevard Southeast, Polk City, FL 33868. City of Winter Haven City Hall, 451 3rd Street Northwest, Winter Haven, FL 33881. Town of Dundee Town Hall, 202 East Main Street, Dundee, FL 33838. Town of Hillcrest Heights Hillcrest Heights Town Hall, 151 North Scenic Highway, Babson Park, FL 33827. Town of Lake Hamilton Town Hall, 100 Smith Avenue, Lake Hamilton, FL 33851. Unincorporated Areas of Polk County Polk County Engineering Division, 330 West Church Street, Bartow, FL 33830. Village of Highland Park Polk County Engineering Division, 330 West Church Street, Bartow, FL 33830. Sedgwick County, Kansas and Incorporated Areas Docket No.: FEMA-B-1511 City of Andale Sedgwick County Metropolitan Area Building and Construction Department, 1144 South Seneca Street, Wichita, KS 67213. City of Bel Aire City Hall, 7651 East Central Park Avenue, Bel Aire, KS 67226. City of Bentley Sedgwick County Metropolitan Area Building and Construction Department, 1144 South Seneca Street, Wichita, KS 67213. City of Cheney City Hall, 131 North Main Street, Cheney, KS 67025. City of Clearwater City Hall, 129 East Ross Avenue, Clearwater, KS 67026. City of Colwich City Hall, 310 South 2nd Street, Colwich, KS 67030. City of Derby City Hall, 611 Mulberry Street, Suite 300, Derby, KS 67037. City of Eastborough City Hall, 1 Douglas Avenue, Eastborough, KS 67207. City of Garden Plain City Hall, 505 North Main Street, Garden Plain, KS 67050. City of Goddard City Hall, 118 North Main Street, Goddard, KS 67052. City of Haysville Planning Department, 200 West Grand Street, Haysville, KS 67060. City of Kechi City Hall, 220 West Kechi Road, Kechi, KS 67067. City of Maize City Hall, 10100 West Grady Avenue, Maize, KS 67101. City of Mount Hope City Hall, 112 West Main Street, Mount Hope, KS 67108. City of Mulvane City Hall, 211 North 2nd Street, Mulvane, KS 67110. City of Park City Economic Development & Planning, 6110 North Hydraulic Street, Park City, KS 67219. City of Valley Center City Hall, 121 South Meridian Avenue, Valley Center, KS 67147. City of Viola City Hall, 121 South Main Street, Viola, KS 67149. City of Wichita Office of Storm Water Management, 455 North Main Street, 8th Floor, Wichita, KS 67202. Unincorporated Areas of Sedgwick County Sedgwick County Metropolitan Area Building and Construction Department, 1144 South Seneca Street, Wichita, KS 67213. Carson City, Nevada (Independent City) Docket No.: FEMA-B-1540 City of Carson City Carson City Permit Center, 108 East Proctor Street, Carson City, NV 89701. McKean County, Pennsylvania (All Jurisdictions) Docket No.: FEMA-B-1536 Borough of Eldred Borough Building, 3 Bennett Street, Eldred, PA 16731. Borough of Lewis Run Borough Office, 60 Main Street, Lewis Run, PA 16738. Borough of Port Allegany Borough Hall, 45 West Maple Street, Port Allegany, PA 16743. Borough of Smethport Borough Hall, 201 West Main Street, Smethport, PA 16749. City of Bradford City Hall, 24 Kennedy Street, Bradford, PA 16701. Township of Annin Annin Township Building, 67 Railroad Avenue, Turtlepoint, PA 16750. Township of Bradford Municipal Building, 136 Hemlock Street, Bradford, PA 16701. Township of Ceres Ceres Township Building, 12 Barbertown Road, Eldred, PA 16731. Township of Corydon Corydon Township Municipal Building, 2474 West Washington Street, Bradford, PA 16701. Township of Eldred Township Supervisors' Building, 1834 West Eldred Road, Eldred, PA 16731. Township of Foster Foster Township Municipal Building, 1185 East Main Street, Bradford, PA 16701. Township of Hamilton Hamilton Township Municipal Building, 2 Curtis Road, Ludlow, PA 16333. Township of Hamlin Hamlin Township Municipal Building, 22 Park Road, Hazel Hurst, PA 16733. Township of Keating Keating Township Building, 7160 Route 46, Smethport, PA 16749. Township of Lafayette Lafayette Township Hall, 7534 Route 59, Lewis Run, PA 16738. Township of Liberty Liberty Township Building, 4859 Route 155, Port Allegany, PA 16743. Township of Norwich Norwich Township Garage, 3853 West Valley Road, Smethport, PA 16749. Township of Otto Otto Township Office, 695 Main Street, Duke Center, PA 16729. Township of Sergeant Clermont Fire Department, 14183 Wilcox Road, Mount Jewett, PA 16740. Township of Wetmore Wetmore Township Hall, 318 Spring Street, Kane, PA 16735.
    [FR Doc. 2016-19659 Filed 8-17-16; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-B-1640] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice lists communities where the addition or modification of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or the regulatory floodway (hereinafter referred to as flood hazard determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and where applicable, in the supporting Flood Insurance Study (FIS) reports, prepared by the Federal Emergency Management Agency (FEMA) for each community, is appropriate because of new scientific or technical data. The FIRM, and where applicable, portions of the FIS report, have been revised to reflect these flood hazard determinations through issuance of a Letter of Map Revision (LOMR), in accordance with title 44, part 65 of the Code of Federal Regulations (44 CFR part 65). The LOMR will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings. For rating purposes, the currently effective community number is shown in the table below and must be used for all new policies and renewals.

    DATES:

    These flood hazard determinations will become effective on the dates listed in the table below and revise the FIRM panels and FIS report in effect prior to this determination for the listed communities.

    From the date of the second publication of notification of these changes in a newspaper of local circulation, any person has 90 days in which to request through the community that the Deputy Associate Administrator for Insurance and Mitigation reconsider the changes. The flood hazard determination information may be changed during the 90-day period.

    ADDRESSES:

    The affected communities are listed in the table below. Revised flood hazard information for each community is available for inspection at both the online location and the respective community map repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at www.msc.fema.gov for comparison.

    Submit comments and/or appeals to the Chief Executive Officer of the community as listed in the table below.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW., Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The specific flood hazard determinations are not described for each community in this notice. However, the online location and local community map repository address where the flood hazard determination information is available for inspection is provided.

    Any request for reconsideration of flood hazard determinations must be submitted to the Chief Executive Officer of the community as listed in the table below.

    The modifications are made pursuant to section 201 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    The FIRM and FIS report are the basis of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

    These flood hazard determinations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. The flood hazard determinations are in accordance with 44 CFR 65.4.

    The affected communities are listed in the following table. Flood hazard determination information for each community is available for inspection at both the online location and the respective community map repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at www.msc.fema.gov for comparison.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: August 3, 2016. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. State and county Location and
  • case No.
  • Chief executive officer of
  • community
  • Community map
  • repository
  • Online location of letter of map revision Effective date of
  • modification
  • Community
  • No.
  • Arizona: Maricopa City of Peoria (15-09-3165P) The Honorable Cathy Carlat, Mayor, City of Peoria, 8401 West Monroe Street, Peoria, AZ 85345 City Hall, 8401 West Monroe Street, Peoria, AZ 85345 http://www.msc.fema.gov/lomc Aug. 26, 2016 040050 Maricopa City of Tempe (15-09-2888P) The Honorable Mark Mitchell, Mayor, City of Tempe, P.O. Box 5002, Tempe, AZ 85281 Floodplain and Land Services, City of Tempe, 31 East 5th Street, Tempe, AZ 85284 http://www.msc.fema.gov/lomc Oct. 14, 2016 040054 Maricopa Town of Wickenburg (16-09-0814P) The Honorable John Cook, Mayor, Town of Wickenburg, 155 North Tegner Street, Suite A, Wickenburg, AZ 85390 Town Hall, 155 North Tegner Street, Wickenburg, AZ 85390 http://www.msc.fema.gov/lomc Oct. 28, 2016 040056 Maricopa. Unincorporated Areas of Maricopa County (15-09-2075P) The Honorable Steve Chucri, Chairman, Board of Supervisors, Maricopa County, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003 Flood Control District of Maricopa County, 2801 West Durango Street, Phoenix, AZ 85009 http://www.msc.fema.gov/lomc Oct. 14, 2016 040037 Maricopa Unincorporated Areas of Maricopa County (16-09-0814P) The Honorable Clint L. Hickman, Chairman, Board of Supervisors, Maricopa County, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003 Flood Control District of Maricopa County, 2801 West Durango Street, Phoenix, AZ 85009 http://www.msc.fema.gov/lomc Oct. 28, 2016 040037 Mohave City of Lake Havasu (15-09-0823P) The Honorable Mark S. Nexsen, Mayor, City of Lake Havasu, 2330 McCulloch Boulevard North, Lake Havasu City, AZ 86403 City Hall, 2330 McCulloch Boulevard North, Lake Havasu City, AZ 86403 http://www.msc.fema.gov/lomc Sept. 1, 2016 040116 Mohave City of Lake Havasu (16-09-1124P) The Honorable Mark S. Nexsen, Mayor, City of Lake Havasu, 2330 McCulloch Boulevard North, Lake Havasu City, AZ 86403 City Hall, 2330 McCulloch Boulevard North, Lake Havasu, City, AZ 86403 http://www.msc.fema.gov/lomc Sept. 15, 2016 040116 Mohave Unincorporated Areas of Mohave County (15-09-0823P) The Honorable Jean Bishop, Chair, Board of Supervisors, Mohave County, 700 West Beale Street, Kingman, AZ 86402 Mohave County Development Services, Flood Control District, 3250 East Kino Avenue, Kingman, AZ 86409 http://www.msc.fema.gov/lomc Sept. 1, 2016 040058 Pima Unincorporated Areas of Pima County (16-09-1464P) The Honorable Sharon Bronson, Chair, Board of Supervisors, Pima County, 130 West Congress Street, 11th Floor, Tucson, AZ 85701 Pima County Regional Flood Control District, 201 North Stone Avenue, 9th Floor, Tucson, AZ 85701 http://www.msc.fema.gov/lomc Oct. 6, 2016 040073 California: Los Angeles City of Los Angeles (16-09-1177P) The Honorable Eric Garcetti, Mayor, City of Los Angeles, 200 North Spring Street, Los Angeles, CA 90012 Department of Public Works, 1149 South Broadway, Suite 700, Los Angeles, CA 90015 http://www.msc.fema.gov/lomc Sept. 30, 2016 060137 Los Angeles City of Los Angeles (16-09-1249P) The Honorable Eric Garcetti, Mayor, City of Los Angeles, 200 North Spring Street, Los Angeles, CA 90012 Department of Public Works, 1149 South Broadway, Suite 700, Los Angeles, CA 90015 http://www.msc.fema.gov/lomc Sept. 28, 2016 060137 Orange City of Irvine (16-09-0513P) The Honorable Steven S. Choi, Ph.D., Mayor, City of Irvine, 1 Civic Center Plaza, Irvine, CA 92606 City Hall, 1 Civic Center Plaza, Irvine, CA 92606 http://www.msc.fema.gov/lomc Sept. 6, 2016 060222 Orange City of Lake Forest (16-09-0513P) The Honorable Andrew Hamilton, Mayor, City of Lake Forest, 25550 Commercentre Drive, Suite 100, Lake Forest, CA 92630 City Hall, 25550 Commercentre Drive, Suite 100, Lake Forest, CA 92630 http://www.msc.fema.gov/lomc Sept. 6, 2016 060759 Riverside City of Murrieta (16-09-1601P) The Honorable Randon Lane, Mayor, City of Murrieta, 1 Town Square, Murrieta, CA 92562 Public Works and Engineering, 26442 Beckman Court, Murrieta, CA 92562 http://www.msc.fema.gov/lomc Oct. 11, 2016 060751 Riverside City of Temecula (16-09-1601P) The Honorable Michael S. Naggar, Mayor, City of Temecula, 41000 Main Street, Temecula, CA 92590 City Hall, 41000 Main Street, Temecula, CA 92590 http://www.msc.fema.gov/lomc Oct. 11, 2016 060742 Nevada: Clark Unincorporated Areas of Clark County (16-09-0249P) The Honorable Steve Sisolak, Chairman, Board of Supervisors, Clark County, 500 South Grand Central Parkway, 6th Floor, Las Vegas, NV 89106 Office of the Director of Public Works, 500 South Grand Central Parkway, Las Vegas, NV 89155 http://www.msc.fema.gov/lomc Sept. 22, 2016 320003
    [FR Doc. 2016-19658 Filed 8-17-16; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY [DHS-2016-0058] Homeland Security Information Network Advisory Committee; Meeting AGENCY:

    Mission Services Support Division (MSSD)/Information Sharing and Services Organization (IS2O)/Office of Chief Information Officer (OCIO).

    ACTION:

    Committee Management; Notice of Federal Advisory Committee Meeting.

    SUMMARY:

    The Homeland Security Information Network Advisory Committee (HSINAC) calls a full body, in-person meeting of its membership to receive all relevant information and facilitate development of recommendations to the HSIN Program Management Office (PMO) in the major issue area of developing Focused Mission Growth outcome measures.

    DATES:

    The HSINAC will meet Wednesday, September 14, 2016 from 8:30 a.m.—5:00 p.m. EST and Thursday, September 15, 2016 from 8:30 a.m.—1:00 p.m. PM EST in Washington, DC, and via conference call and HSIN Connect, an online web-conferencing tool, both of which will be made available to members of the general public. Please note that the meeting may end early if the committee has completed its business.

    ADDRESSES:

    The meeting will be held in Washington, DC at 650 Massachusetts Avenue NW., 4th floor Conference Room and virtually via HSIN Connect, an online web-conferencing tool at https://share.dhs.gov/hsinac, and available via teleconference at 1-800-320-4330 Conference Pin: 372094 for all public audience members. To access the web conferencing tool, go to https://share.dhs.gov/hsinac, click on “enter as a guest,” type in your name as a guest, and click “submit.” The teleconference lines will be open for the public and the meeting brief will be posted beforehand on the Federal Register site (https://www.federalregister.gov/). If the Federal government is closed, the meeting will be rescheduled.

    For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact Allison Buchinski, [email protected], 202-343-4277, as soon as possible.

    To facilitate public participation, we are inviting public comment on the issues to be considered by the committee. Comments must be submitted in writing no later than September 18, must be identified by the docket number—DHS-2016-0058, and may be submitted by one of the following methods:

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

    Email: Allison Buchinski, [email protected] Also include the docket number in the subject line of the message.

    Fax: 202-447-3111

    Mail: Allison Buchinski, Department of Homeland Security, OPS CIO-D Stop 0426, 245 Murray Lane SW., BLDG 410, Washington, DC 20528-0426.

    Instructions: All submissions received must include the words “Department of Homeland Security” and the docket number (DHS-2016-0058) for this action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided.

    Docket: For access to the docket to read background documents or comments received by the HSINAC go to http://www.regulations.gov and type the docket number of DHS-2016-0058 into the “search” field at the top right of the Web site.

    A public comment period will be held during the meeting on Wednesday, September 14, from 4:30 p.m. to 4:45 p.m. EST and again on Thursday, September 15, from 11:00 a.m. to 11:15 a.m. EST. Speakers are requested to limit their comments to three minutes. Please note that the public comment period may end before the time indicated, following the last call for comments. Contact one of the individuals listed below to register as a speaker.

    FOR FURTHER INFORMATION CONTACT:

    Designated Federal Officer, Michael Brody, Email: [email protected], and Phone: 202-282-9464.

    SUPPLEMENTARY INFORMATION:

    The Homeland Security Information Network Advisory Committee is an advisory body to the HSIN Program Office. This committee provides advice and recommendations to the DHS on matters relating to HSIN. These matters include system requirements, operating policies, community organization, knowledge management, interoperability and federation with other systems, and any other aspect of HSIN that supports the operations of DHS and its Federal, State, territorial, local, tribal, international, and private sector mission partners. Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. appendix. The HSINAC provides advice and recommendations to DHS on matters relating to HSIN.

    Agenda

    The Agenda will consist of the following major components.

    1. There will be a discussion between the HSIN Program and members of the committee in the following key areas:

    a. Homeland Security Information Network Advisory Committee Members receive HSIN PMO updates on key issues, and offer critical feedback, guidance, and formulation of recommendations for future program enhancements. This update will include an Introduction to the alignment of HSIN under the Information Sharing Services Organization (IS2O), as well as, strategic update on HSIN's progresses, challenges, and future plans in FY17.

    b. Members will partake in a session about the Program's goals to enhance the quality of the HSIN user experience while adding mission value, and discuss operational gaps that exist between State and local and the department through a feedback session with the group and members of the HSIN Executive Steering Committee (ESC).

    c. HSIN Annual Assessment—Members partake in a short focus group session to assist in the development of a communications and outreach coordination schedule that includes partner-focused success stories illustrating HSIN's role in fulfilling its mission to be the central provider of information sharing capabilities that allow for collaboration, situational awareness, and information exchange to fulfill partner's homeland security mission areas.

    2. The HSIN PMO will formally task the HSINAC to offer recommendation on the following key topics:

    a. How HSIN can continue to achieve growth in its user base, across Federal, State, local, territorial, tribal, private sector, and international sectors through the advancement and/or addition of mission critical applications.

    b. What steps the Program can take to ensure ease of access to the system through a seamless registration process.

    c. How the Program can continue to support growth of the user population and advancement of field operations by defining mission advocate support staffing models.

    3. Public comment period on both days.

    4. Committee Deliberation.

    5. Closing Remarks.

    6. Adjournment of the meeting.

    Dated: August 11, 2016. James Lanoue, HSIN Program Director.
    [FR Doc. 2016-19661 Filed 8-17-16; 8:45 am] BILLING CODE 9110-9B-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket No. FWS-HQ-IA-2016-0104: FXIA16710900000-156-FF09A30000] Endangered Species; Receipt of Applications for Permit AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of receipt of applications for permit.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (ESA) prohibits activities with listed species unless Federal authorization is acquired that allows such activities.

    DATES:

    We must receive comments or requests for documents on or before September 19, 2016.

    ADDRESSES:

    Submitting Comments: You may submit comments by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments on Docket No. FWS-HQ-IA-2016-0104.

    U.S. mail or hand-delivery: Public Comments Processing, Attn: Docket No. FWS-HQ-IA-2016-0104; U.S. Fish and Wildlife Service Headquarters, MS: BPHC; 5275 Leesburg Pike, Falls Church, VA 22041-3803.

    When submitting comments, please indicate the name of the applicant and the PRT# you are commenting on. We will post all comments on http://www.regulations.gov. This generally means that we will post any personal information you provide us (see the Public Comments section below for more information).

    Viewing Comments: Comments and materials we receive will be available for public inspection on http://www.regulations.gov, or by appointment, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays, at the U.S. Fish and Wildlife Service, Division of Management Authority, 5275 Leesburg Pike, Falls Church, VA 22041-3803; telephone 703-358-2095.

    FOR FURTHER INFORMATION CONTACT:

    Brenda Tapia, (703) 358-2104 (telephone); (703) 358-2281 (fax); [email protected] (email).

    SUPPLEMENTARY INFORMATION:

    I. Public Comment Procedures A. How do I request copies of applications or comment on submitted applications?

    Send your request for copies of applications or comments and materials concerning any of the applications to the contact listed under ADDRESSES. Please include the Federal Register notice publication date, the PRT-number, and the name of the applicant in your request or submission. We will not consider requests or comments sent to an email or address not listed under ADDRESSES. If you provide an email address in your request for copies of applications, we will attempt to respond to your request electronically.

    Please make your requests or comments as specific as possible. Please confine your comments to issues for which we seek comments in this notice, and explain the basis for your comments. Include sufficient information with your comments to allow us to authenticate any scientific or commercial data you include.

    The comments and recommendations that will be most useful and likely to influence agency decisions are: (1) Those supported by quantitative information or studies; and (2) Those that include citations to, and analyses of, the applicable laws and regulations. We will not consider or include in our administrative record comments we receive after the close of the comment period (see DATES) or comments delivered to an address other than those listed above (see ADDRESSES).

    B. May I review comments submitted by others?

    Comments, including names and street addresses of respondents, will be available for public review at the street address listed under ADDRESSES. The public may review documents and other information applicants have sent in support of the application unless our allowing viewing would violate the Privacy Act or Freedom of Information Act. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    II. Background

    To help us carry out our conservation responsibilities for affected species, and in consideration of section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), along with Executive Order 13576, “Delivering an Efficient, Effective, and Accountable Government,” and the President's Memorandum for the Heads of Executive Departments and Agencies of January 21, 2009—Transparency and Open Government (74 FR 4685; January 26, 2009), which call on all Federal agencies to promote openness and transparency in Government by disclosing information to the public, we invite public comment on these permit applications before final action is taken.

    III. Permit Applications Endangered Species Applicant: University of South Carolina, Columbia, SC; PRT-93065B

    The applicant requests a permit to import biological samples from wild olive ridley sea turtle (Lepidochelys olivacea) for the purpose of scientific research. This notification covers activities to be conducted by the applicant over a 1-year period.

    Applicant: Zoological Society of San Diego, San Diego, CA; PRT-00019C

    The applicant requests a permit to import four live captive-born Chinese giant salamanders (Andrias davidianus) for the purpose of enhancement of the survival of the species through captive breeding. This notification covers activities to be conducted by the applicant over a 1-year period.

    Applicant: Jay Russo, Katy, TX; PRT-94808B

    The applicant requests a captive-bred wildlife registration under 50 CFR 17.21(g) for the following species to enhance species propagation or survival: Radiated tortoise (Astrochelys radiata). This notification covers activities to be conducted by the applicant over a 5-year period.

    Applicant: Freddy Valdez, Payson, UT; PRT-02160C

    The applicant requests a permit to import a sport-hunted trophy of one male bontebok (Damaliscus pygargus pygargus) culled from a captive herd maintained under the management program of the Republic of South Africa, for the purpose of enhancement of the survival of the species.

    Brenda Tapia, Program Analyst/Data Administrator, Branch of Permits, Division of Management Authority.
    [FR Doc. 2016-19715 Filed 8-17-16; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Office of the Secretary [XXXD5198NI DS61100000 DNINR0000.000000 DX61104] Exxon Valdez Oil Spill Public Advisory Committee AGENCY:

    Office of the Secretary, Interior.

    ACTION:

    Meeting notice.

    SUMMARY:

    The Department of the Interior, Office of the Secretary is announcing a public meeting of the Exxon Valdez Oil Spill Trustee Council's (EVOSTC) Public Advisory Committee.

    DATES:

    September 22, 2016, at 9:30 a.m.

    ADDRESSES:

    EVOSTC Office Conference Room, Suite 220, Grace Hall, 4230 University Drive, Anchorage, Alaska.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Philip Johnson, Department of the Interior, Office of Environmental Policy and Compliance, 1689 “C” Street, Suite 119, Anchorage, Alaska, (907) 271-5011.

    SUPPLEMENTARY INFORMATION:

    The EVOSTC Public Advisory Committee was created by Paragraph V.A.4 of the Memorandum of Agreement and Consent Decree entered into by the United States of America and the State of Alaska on August 27, 1991, and approved by the United States District Court for the District of Alaska in settlement of United States of America v. State of Alaska, Civil Action No. A91-081 CV.

    The EVOSTC Public Advisory Committee Meeting agenda will include review of the FY17 Work Plan of EVOSTC Restoration, Research, and Monitoring Projects; FY17 EVOSTC Annual Budget; and Habitat matters, as applicable. An opportunity for public comments will be provided. The final agenda and materials for the meeting will be posted on the Exxon Valdez Oil Spill Trustee Council Web site at www.evostc.state.ak.us. All EVOSTC Public Advisory Committee meetings are open to the public.

    Michaela Noble, Director, Office of Environmental Policy and Compliance.
    [FR Doc. 2016-19674 Filed 8-17-16; 8:45 am] BILLING CODE 4334-63-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWY-957000-16-L13100000-PP0000] Filing of Plats of Survey, Nebraska and Wyoming AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Bureau of Land Management (BLM) is scheduled to file plats of survey thirty (30) calendar days from the date of this publication in the BLM Wyoming State Office, Cheyenne, Wyoming. The surveys were executed at the request of the U. S. Forest Service, the Bureau of Indian Affairs and the Bureau of Land Management and are necessary for the management of these lands. The lands surveyed are:

    The plat and field notes representing the dependent resurvey of portions of the west and north boundaries and portions of the subdivisional lines, and the survey of the subdivision of certain sections, Township 30 North, Range 52 West, Sixth Principal Meridian, Nebraska, Group No. 183, was accepted August 11, 2016.

    The plat and field notes representing the dependent resurvey of a portion of the subdivisional lines, and the survey of the subdivision of section 24, Township 30 North, Range 53 West, Sixth Principal Meridian, Nebraska, Group No. 183, was accepted August 11, 2016.

    The plat and field notes representing the corrective dependent resurvey of portions of the subdivisional lines and the subdivision of section 32, the dependent resurvey of portions of the east, south and west boundaries, the subdivisional lines and subdivision of section lines, and the survey of the subdivision of certain sections, Township 26 North, Range 6 East, Sixth Principal Meridian, Nebraska, Group No. 184, was accepted August 11, 2016.

    The plat and field notes representing the dependent resurvey of portions of Lot No. 43, a portion of the Fourteenth Guide Meridian West, through Township 24 North, between Ranges 112 and 113 West, portions of the subdivisional lines, and the 1899 meanders of the banks of the Green River, the survey of the subdivision of section 5, the survey of the 2013 meanders of the westerly shore of Fontenelle Reservoir in section 5, and the metes and bounds survey of the west right-of-way of Wyoming State Highway No. 189 through section 5, Township 24 North, Range 112 West, Sixth Principal Meridian, Wyoming, Group No. 894, was accepted August 11, 2016.

    The plat and field notes representing the dependent resurvey of a portion of the Sixth Standard Parallel North, through Range 112 West, portions of the subdivisional lines, and the 1901 meanders of the banks of the Green River, the survey of the subdivision of certain sections, the survey of the 2013-2014 meanders of the westerly shore of Fontenelle Reservoir in certain sections, and the metes-and-bounds survey of the west right-of-way of Wyoming State Highway No. 189 through certain sections, Township 25 North, Range 112 West, Sixth Principal Meridian, Wyoming, Group No. 895, was accepted August 11, 2016.

    The plat and field notes representing the dependent resurvey of a portion of the east boundary and subdivisional lines, and the survey of the subdivision of section 24, Township 13 North, Range 82 West, Sixth Principal Meridian, Wyoming, Group No. 929, was accepted August 11, 2016.

    The plat and field notes representing the dependent resurvey of a portion of the subdivisional lines and the survey of the subdivision of section 27, Township 54 North, Range 85 West, Sixth Principal Meridian, Wyoming, Group No. 930, was accepted August 11, 2016.

    The plat and field notes representing the dependent resurvey of portions of the north boundary and subdivisional lines, and the survey of the subdivision of sec. 2, Township 13 North, Range 77 West, Sixth Principal Meridian, Wyoming, Group No. 931, was accepted August 11, 2016.

    The plat and field notes representing the dependent resurvey of portions of the subdivisional lines, subdivision of section 24 and lots 10, 11 and 12, section 24, Township 14 North, Range 84 West, Sixth Principal Meridian, Wyoming, Group No. 932, was accepted August 11, 2016.

    The plat and field notes representing the dependent resurvey of a portion of the east boundary and the survey of the subdivision of section 12, Township 29 North, Range 100 West, Sixth Principal Meridian, Wyoming, Group No. 933, was accepted August 11, 2016.

    The plat and field notes representing the dependent resurvey of a portion of the subdivisional lines, and a portion of the subdivision of section 15, Township 18 North, Range 80 West, Sixth Principal Meridian, Wyoming, Group No. 935, was accepted August 11, 2016.

    The plat and field notes representing the dependent resurvey of a portion of the subdivisional lines and the survey of the subdivision of section 19, Township 50 North, Range 63 West, Sixth Principal Meridian, Wyoming, Group No. 936, was accepted August 11, 2016.

    The plat and field notes representing the dependent resurvey of a portion of the Thirteenth Auxiliary Guide Meridian West, through Township 31 North, between Ranges 108 and 109 West, the subdivisional lines and the 1892 meanders of the banks of New Fork River in section 12, and the survey of the subdivision of section 12, Township 31 North, Range 109 West, Sixth Principal Meridian, Wyoming, Group No. 939, was accepted August 11, 2016.

    FOR FURTHER INFORMATION CONTACT:

    WY957, Bureau of Land Management, 5353 Yellowstone Road, P.O. Box 1828, Cheyenne, Wyoming 82003.

    SUPPLEMENTARY INFORMATION:

    A person or party who wishes to protest against any of the above surveys must file a written notice within thirty (30) calendar days from the date of this publication with the Wyoming State Director, Bureau of Land Management, at the above address, stating that they wish to protest. A statement of reasons for the protest may be filed with the notice of protest and must be filed with the Wyoming State Director within thirty (30) calendar days after the protest is filed. If a protest against the survey is received prior to the date of official filing, the filing will be stayed pending consideration of the protest. A plat will not be officially filed until the day after all protests have been dismissed or otherwise resolved. Before including your address, phone number, email address, or other personal identifying information in your protest, you should be aware that your entire protest—including your personal identifying information—may be made publicly available at any time. While you can ask us to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Copies of the preceding described plats and field notes are available to the public at a cost of $4.20 per plat and $.13 per page of field notes.

    Dated: August 12, 2016. John P. Lee, Chief Cadastral Surveyor, Division of Support Services.
    [FR Doc. 2016-19708 Filed 8-17-16; 8:45 am] BILLING CODE 4310-22-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [16XL1109AF-LLUT922300-L13200000-EL0000, UTU-84102 24-1A] Notice of Federal Competitive Coal Lease Sale, Greens Hollow Tract, Utah (Coal Lease Application UTU-84102) AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the United States Department of the Interior, Bureau of Land Management (BLM) Utah State Office, will offer the Federal coal resources described below as the Greens Hollow Tract (UTU-84102) for competitive sale by sealed bid, in accordance with the Mineral Leasing Act of 1920, as amended, and the applicable implementing regulations. The sale tract is located in Sanpete and Sevier Counties, Utah.

    DATES:

    The lease sale will be held at 1:00 p.m. Mountain Daylight Time, on September 22, 2016.

    Sealed bids must be sent by certified mail, return receipt requested, to the Collections Officer, BLM, Utah State Office, or be hand-delivered to the BLM public room Contact Representatives, BLM Utah State Office, at the address indicated below, and must be received on or before 10:00 a.m. Mountain Daylight Time, on September 22, 2016.

    Any bid received after the time specified will not be considered and will be returned. The BLM Contact Representatives will issue a receipt for each hand-delivered, sealed bid. The outside of the sealed envelope containing the bid must clearly state the envelope contains a bid for Coal Lease Sale UTU-84102, and is not to be opened before the date and hour of the sale.

    ADDRESSES:

    Sealed bids must be mailed to the Collection Officer or hand-delivered to the BLM public room Contact Representative at BLM, Utah State Office, 440 West 200 South, Suite 500, Salt Lake City, Utah 84101-1345. The opening of the sealed bids will take place at the Salt Lake City Public Library, 210 East 400 South, Salt Lake City, Utah at 1:00 p.m. Mountain Daylight Time.

    FOR FURTHER INFORMATION CONTACT:

    Contact Jeff McKenzie, 440 West 200 South, Suite 500 Salt Lake City, Utah 84101-1345 or telephone 801-539-4038. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 to leave a message or question for the above individual. The FIRS is available 24 hours a day, 7 days a week. Replies are provided during scheduled business hours.

    SUPPLEMENTARY INFORMATION:

    This Coal Lease Sale is being held in response to a lease by application submitted by Ark Land Company (Ark). That application was assigned by Ark to Canyon Fuel Company, LLC, a subsidiary of Bowie Resource Partners, LLC. The assignment was effective September 1, 2013 and was approved by the BLM on July 1, 2014. The coal resources to be offered consist of all recoverable reserves available in the lands identified below. These lands are located in Sanpete and Sevier Counties, Utah, approximately 10.5 miles west of Emery, Utah, under surface lands managed by the Manti-La Sal and Fishlake National Forests. Those lands are described as follows:

    Salt Lake Meridian, Sevier County, Utah T. 20 S., R. 4 E.,

    Sec. 36, lot 4, E1/2NE1/4, NE1/4SE1/4.

    T. 21 S., R. 4 E., Sec. 1; Sec. 2, SE1/4; Sec. 11, E1/2, E1/2W1/2; Sec. 12, NE1/4, W1/2, W1/2SE1/4; Sec. 13, W1/2NE1/4, NW1/4; Sec. 14, NE1/4, E1/2NW1/4. T. 21 S., R. 5 E., Sec. 6. Salt Lake Meridian, Sanpete and Sevier Counties, Utah T. 20 S., R. 5 E., Sec. 19, lots 5 thru 8, E1/2SW1/4, SE1/4; Sec. 20, S1/2; Sec. 21, W1/2SW1/4; Sec. 28, W1/2; Sec. 29, 30, and 31; Sec. 32, N1/2, N1/2S1/2; Sec. 33, NW1/4NW1/4.

    The area described contains 6,175.39 acres.

    The coal in the Greens Hollow Tract has one minable coal bed, which is designated as either the Upper Hiawatha or the Lower Hiawatha seam. These seams are approximately 11 feet in thickness. The coal beds contain approximately 55.7 million tons of recoverable high-volatile C bituminous coal. The “as received basis” coal quality in the Upper Hiawatha coal bed is: 11,565 Btu/lb., 7.46 percent moisture, 9.81 percent ash, 36.55 percent volatile matter, 46.1 percent fixed carbon, and 0.55 percent sulfur. The “as received basis” coal quality in the Lower Hiawatha coal bed is: 11,538 Btu/lb., 7.21 percent moisture, 9.69 percent ash, 38.88 percent volatile matter, 43.85 percent fixed carbon, and 1.26 percent sulfur.

    Pursuant to the applicable regulations, the Greens Hollow Tract may be leased to the qualified bidder (as established at 43 CFR subpart 3472) that submits the highest cash bonus bid that is equal to or exceeds the Fair Market Value (FMV) for the tract as determined by the authorized officer after the sale. The BLM has prepared its fair market value estimate for the tract, which estimate has been reviewed by the Department of Interior's Office of Valuation Services.

    The Department of the Interior has established a general minimum bid of $100 per acre or fraction thereof for the tract. The minimum bid is not intended to represent the FMV, and a tract will not be sold unless the bid received meets or exceeds BLM's FMV estimate. The lease that may be issued as a result of this offering will provide for payment of an annual rental of $3 per acre or fraction thereof, and a royalty of 8 percent of the value of the coal produced by underground mining methods. The value of the coal for royalty purposes will be determined in accordance with 30 CFR part 1206, subpart F. This coal lease application (UTU-84102) is not subject to case-by-case processing fees pursuant to 43 CFR 3473.2(f). However, the successful bidder must pay to the BLM the cost BLM incurs regarding the publishing of this sale notice. If there is no successful bidder, the applicant will be responsible for all publishing costs.

    The required detailed statement under 43 CFR 3422.2 for the offered tract, including bidding instructions and sale procedures under 43 CFR 3422.3-2, and the terms and conditions of the proposed coal lease, is available from BLM, Public Room (Suite 500), Utah State Office, 440 West 200 South, 5th Floor, Salt Lake City, Utah 84101-1345. All case file documents and written comments submitted by the public on FMV, except those portions identified as proprietary by the author and meeting exemptions stated in the Freedom of Information Act, are available for public inspection during normal business hours in the BLM Public Room (Suite 500).

    The actions announced by this notice are consistent with the Department of the Interior Secretarial Order 3338, which allows for a lease sale to be held and lease to be issued for a pending application where the environmental impact statement under the National Environmental Policy Act had been completed and a Record of Decision had been issued by the BLM or applicable surface management agency prior to the issuance of the Order. Here the BLM held a public hearing and requested comments on the Environmental Impact Statement, Maximum Economic Recovery, and the FMV of the Greens Hollow Tract on May 6, 2009. The Governor of the State of Utah recommended proceeding with this lease sale on May 26, 2011.

    The United States Forest Service prepared a Final Supplemental Environmental Impact Statement, and signed a Record of Decision and a consent to lease on October 5, 2015, prior to the issuance of Order 3338. The BLM signed a Record of Decision to hold the lease sale on August 12, 2016.

    Authority:

    43 CFR 3420.1

    Jenna Whitlock, Acting State Director.
    [FR Doc. 2016-19727 Filed 8-17-16; 8:45 am] BILLING CODE 4310-DQ-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NRNHL-21666; PPWOCRADI0, PCU00RP14.R50000] National Register of Historic Places; Notification of Pending Nominations and Related Actions AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The National Park Service is soliciting comments on the significance of properties nominated before July 30, 2016, for listing or related actions in the National Register of Historic Places.

    DATES:

    Comments should be submitted by September 2, 2016.

    ADDRESSES:

    Comments may be sent via U.S. Postal Service to the National Register of Historic Places, National Park Service, 1849 C St. NW., MS 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St. NW., 8th floor, Washington, DC 20005; or by fax, 202-371-6447.

    SUPPLEMENTARY INFORMATION:

    The properties listed in this notice are being considered for listing or related actions in the National Register of Historic Places. Nominations for their consideration were received by the National Park Service before July 30, 2016. Pursuant to section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation.

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    INDIANA Boone County Lebanon Courthouse Square Historic District, Roughly bounded by North, East, South, Superior & West Sts., Lebanon, 16000610 Fountain County Mc Donald, James and Lucinda, House, 500 E. Jackson St., Attica, 16000611 Hendricks County Blanton, Forest W. and Jeannette Wales, House, 625 N. Washington St., Danville, 16000612 Vigo County New Goshen District No. 2 School (Indiana's Public Common and High Schools MPS), 9620 Rangeline Place, New Goshen, 16000613 IOWA Linn County Coggon Public School, 408 E. Linn St., Coggon, 16000605 Muscatine County Wilton Commercial Historic District (Iowa's Main Street Commercial Architecture MPS), Roughly bounded by 4th, E. & W. Cedar, Railroad E. & W. & Chestnut Sts., Wilton, 16000606 Polk County Cottage Grove Avenue Presbyterian Church (The City Beautiful Movement and City Planning in Des Moines, Iowa, 1892-1938 MPS), 1050 24th St., Des Moines, 16000607 Story County Masonic Temple (Home for Science and Technology: Ames, IA MPS), 413, 417, 427, 429 Douglas Ave., Ames, 16000608 Winneshiek County Milwaukee and St. Paul Railway Combination Depot, 203 W. Pearl St., Decorah, 16000609 MISSISSIPPI Alcorn County Quitman Downtown—Mill Historic District, Roughly bounded by Long Blvd., Jackson, Franklin & Railroad Aves., Quitman, 16000614 Harrison County Gulf Gardens Historic District, Roughly bounded by 34th Ave., Terrance Dr., 18th & 15th Sts., Gulfport, 16000615 Pearl River County Hermitage, The, 1 River Rd., Picayune, 16000616 OHIO Cuyahoga County Lion Knitting Mills, 3256 W. 25th St., Cleveland, 16000617 OKLAHOMA Comanche County Central Fire Station, 623 SW. D Ave., Lawton, 16000618 Creek County Klingensmith Park Amphitheater, W. 7th, W. 5th & Country Club Dr., Bristow, 16000619 Oklahoma County Lincoln Park Bathhouse, 2000 Remington Place, Oklahoma City, 16000620 Mutual Savings and Loan Association Building, 601-605 NW. 23rd St., Oklahoma City, 16000621 Payne County Pruett House, 155 Redwood Dr., Stillwater, 16000622 Rogers County Downtown Claremore Historic District, W. Will Rogers Blvd. bounded by Rt. 66, Muskogee Ave., 4th St. & alley between W. Will Rogers Blvd. & 2nd St., Claremore, 16000623 Tulsa County Blue Cross Blue Shield of Oklahoma Building, 1215 S. Boulder Ave., Tulsa, 16000624 Downtown Tulsa YMCA, 515 S. Denver Ave., Tulsa, 16000625 OREGON Jackson County Eagle Point National Cemetery, 2763 Riley Rd., Eagle Point, 16000626

    A request for removal has been received for the following resources:

    INDIANA Jackson County Bell Ford Post Patented Diagonal “Combination Bridge”, IN 258 1.5 mi. W of IN 258 and Community Dr., Seymour, 05000194 LOUISIANA Calcasieu Parish Arcade Theater, 822 Ryan St., Lake Charles, 78001420
    Authority:

    60.13 of 36 CFR part 60

    Dated: August 2, 2016. Julie H. Ernstein, Acting Chief, National Register of Historic Places/National Historic Landmarks Program.
    [FR Doc. 2016-19701 Filed 8-17-16; 8:45 am] BILLING CODE 4312-51-P
    DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management [Docket No. BOEM-2016-0051; MMAA104000] Potential Commercial Leasing for Wind Power on the Outer Continental Shelf (OCS) Offshore California—Request for Interest AGENCY:

    Bureau of Ocean Energy Management (BOEM), Interior.

    ACTION:

    Public notice of an unsolicited request for a commercial OCS wind lease, request for interest (RFI), and request for public comment.

    SUMMARY:

    The purpose of this public notice is to: (1) Describe the unsolicited proposal submitted to BOEM by Trident Winds, LLC (Trident Winds) to acquire an OCS commercial wind lease; (2) solicit submissions of indications of interest in acquiring a commercial lease for wind energy development on the OCS offshore California in the area described in this notice; and (3) solicit public input regarding the area described in this notice, the potential environmental consequences associated with wind energy development in the area, and existing and planned multiple uses of the area.

    On January 14, 2016, BOEM received an unsolicited request from Trident Winds for a commercial wind lease on the OCS. Trident Winds' proposed project would consist of a utility-scale floating wind energy facility offshore Morro Bay, California that would interconnect with the California electrical grid at the existing Morro Bay Power Plant. The project would be located, at its closest point, approximately 15 nautical miles (nmi) offshore Point Piedras Blancas in water depths of approximately 2,900 feet. Additional information on Trident Winds' unsolicited lease request can be viewed at http://www.boem.gov/California/.

    This RFI is published pursuant to subsection 8(p)(3) of the OCS Lands Act, 43 U.S.C. 1337(p)(3), and BOEM's implementing regulations at 30 CFR part 585. Subsection 8(p)(3) of the OCS Lands Act requires that OCS renewable energy leases, easements, and rights-of-way be issued “on a competitive basis unless the Secretary [of the Interior] determines after public notice of a proposed lease, easement, or right-of-way that there is no competitive interest.” This RFI provides public notice for the area requested by Trident Winds (the Proposed Lease Area) that is described below in the section “Description of the Proposed Lease Area,” and invites the submission of indications of interest in acquiring a commercial wind lease within the Proposed Lease Area. Parties wishing to indicate competitive interest in the Proposed Lease Area should submit detailed and specific information as described in the section entitled “Required Indication of Interest Information.” BOEM will consider the responses to this public notice to determine whether competitive interest exists in the Proposed Lease Area.

    This announcement also requests that interested and affected parties comment and provide information about site conditions and any existing or planned multiple uses within the Proposed Lease Area that may be relevant to the proposed project or its potential impacts.

    DATES:

    If you are submitting an indication of interest in acquiring a commercial wind lease for or within the Proposed Lease Area, your submission must be sent by mail, postmarked no later than September 19, 2016 for your submission to be considered. BOEM requests comments or other submissions of information by this same date.

    SUBMISSION PROCEDURES:

    If you are submitting an indication of interest in acquiring a commercial wind lease, please submit it by mail to the following address: Bureau of Ocean Energy Management, Pacific Region Office of Strategic Resources, 760 Paseo Camarillo, Suite 102 (CM 102), Camarillo, California 93010. Submissions must be postmarked by September 19, 2016 to be considered by BOEM for the purposes of determining competitive interest. Your complete submission must be provided to BOEM in both paper and electronic formats. BOEM considers an Adobe PDF file stored on a compact disc (CD) to be an acceptable format for submitting an electronic copy. BOEM will list the parties that submit indications of interest and the OCS blocks proposed for development on the BOEM Web site after the 30-day comment period has closed.

    If you are submitting comments or other information concerning the Proposed Lease Area, you may use either of the following two methods:

    1. Federal eRulemaking Portal: http://www.regulations.gov. In the entry entitled “Enter Keyword or ID,” enter BOEM-2016-0051 and then click “search.” Follow the instructions to submit public comments and view supporting and related materials available for this notice.

    2. U.S. Postal Service or other delivery service. Send your comments and information to the following address: Bureau of Ocean Energy Management, Pacific Region Office of Strategic Resources, 760 Paseo Camarillo, Suite 102 (CM 102), Camarillo, California 93010.

    All responses will be reported on http://www.regulations.gov. If you wish to protect the confidentiality of your submissions or comments, please identify and clearly label privileged or confidential information “Contains Confidential Information.” Treatment of confidential information is addressed in the section of this notice entitled, “Privileged or Confidential Information.” BOEM will post all comments on http://www.regulations.gov, unless it is labeled in the manner described above. Information that is not labeled as privileged or confidential will be regarded by BOEM as suitable for public release.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Jean Thurston, Renewable Energy Specialist, BOEM, Pacific Region Office of Strategic Resources, 760 Paseo Camarillo, Suite 102 (CM 102), Camarillo, California 93010, Phone: (805) 384-6303.

    SUPPLEMENTARY INFORMATION:

    Purpose of This Request for Interest

    Responses to this public notice will allow BOEM to determine, pursuant to 30 CFR 585.231, whether or not there is competitive interest in acquiring an OCS commercial wind lease in the Proposed Lease Area. In addition, this notice provides an opportunity for the public to comment on the Proposed Lease Area, the proposed project, and any potential impacts wind energy development in the Proposed Lease Area may have. BOEM may use comments received to further identify and refine the area being considered for wind energy development, and inform future environmental analyses related to the project.

    Background Trident Winds Proposal

    Trident Winds' proposed Morro Bay Offshore Project would consist of a utility-scale floating wind energy facility offshore Morro Bay, California. The proposed project would generate an anticipated 765 megawatts (MW) of electricity from approximately 100 floating units, each equipped with up to an 8-MW wind turbine generator and connected by inter-unit electrical cabling, with a single transmission cable exporting electricity to the mainland. Trident Winds proposes to interconnect the project with the California electrical grid at the existing Morro Bay Power Plant. The proposal also includes plans to increase the project to 1,000 MW at a later date if an agreement is reached between the developer and the State of California to purchase the additional power produced and additional transmission power is available. At its closest point, the project would be located approximately 15 nmi offshore Point Piedras Blancas in water depths of approximately 2,900 feet. The Monterey Bay National Marine Sanctuary is located adjacent to the northeast boundary of the proposed project. Additional information on Trident Wind's unsolicited lease request can be viewed at http://www.boem.gov/California/.

    California Renewable Energy Portfolio Standards

    In October 2015, the State of California passed the Clean Energy and Pollution Reduction Act of 2015 (SB-350), requiring the amount of electricity generated and sold to retail customers per year from eligible renewable energy resources be increased to 50 percent by December 31, 2030. New and modified electrical transmission facilities may be necessary to achieve the SB-350 goals. The proposed Trident Winds project may provide additional renewable energy capacity for use by the State of California to achieve its SB-350 goals.

    Determination of Competitive Interest and the Leasing Process

    After the publication of this notice, BOEM will evaluate indications of interest in acquiring a commercial wind lease in the Proposed Lease Area. At the conclusion of the comment period for this public notice, BOEM will review the submissions received and undertake a completeness review for each of those submissions and a qualifications review for each of the nominating entities. BOEM will then make a determination as to whether competitive interest exists.

    If, in response to this notice, BOEM receives one or more indications of interest in acquiring a commercial wind lease from qualified entities that wish to compete for the Proposed Lease Area, BOEM may decide to move forward with the lease issuance process using competitive procedures pursuant to 30 CFR 585.211-225. If BOEM receives no competing indications of interest from qualified companies, BOEM may decide to move forward with the lease issuance process using the noncompetitive procedures contained in 30 CFR 585.231-232.

    Should BOEM decide to proceed with issuing a lease in the Proposed Lease Area, whether competitively or noncompetitively, it will comply with all applicable requirements and provide the public with additional opportunities to provide input pursuant to 30 CFR part 585 and other applicable laws, such as the National Environmental Policy Act (NEPA). BOEM will also coordinate and consult, as appropriate, with relevant Federal agencies, affected tribes, affected state agencies, and affected local governments during the lease development and issuance process.

    Description of the Proposed Lease Area

    The Proposed Lease Area is located off the central coast of California, beginning approximately 15 nmi west of Point Piedras Blancas. The area extends approximately 21 nmi northwest to southeast, with a maximum width of approximately 6 nmi. The entire area is approximately 106 square miles (67,963 acres) and consists of 5 OCS blocks and 17 partial OCS blocks (191 sub blocks) (Table 1).

    Table 1—List of OCS Blocks Included in the Request for Interest Protraction name Protraction number Block
  • number
  • Sub block
    San Luis Obispo NI10-03 6253 P. San Luis Obispo NI10-03 6254 A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P. San Luis Obispo NI10-03 6255 E,I,M. San Luis Obispo NI10-03 6303 D,H,L,P. San Luis Obispo NI10-03 6304 A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P. San Luis Obispo NI10-03 6305 A,E,I,M. San Luis Obispo NI10-03 6353 C,D,G,H,K,L,O,P. San Luis Obispo NI10-03 6354 A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P. San Luis Obispo NI10-03 6355 A,B,E,F,I,J,M,N. San Luis Obispo NI10-03 6403 C,D,G,H,K,L. San Luis Obispo NI10-03 6404 A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P. San Luis Obispo NI10-03 6405 A,B,E,F,G,I,J,K,L,M,N,O,P. San Luis Obispo NI10-03 6406 M. San Luis Obispo NI10-03 6454 D. San Luis Obispo NI10-03 6455 A,B,C,D,E,F,G,H,L. San Luis Obispo NI10-03 6456 A,B,E,F,G,H,I,J,K,L,M,N,O,P. San Luis Obispo NI10-03 6457 E,F,G,H,I,J,K,L,M,N,O,P. San Luis Obispo NI10-03 6458 E,F,I,J,M,N. San Luis Obispo NI10-03 6506 C,D. San Luis Obispo NI10-03 6507 A,B,C,D,E,F,G,H,K,L,P. San Luis Obispo NI10-03 6508 A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P. San Luis Obispo NI10-03 6558 A,B,C,D,E,F,G,H.

    The boundary of the Proposed Lease Area follows the points listed in Table 2 in clockwise order. Coordinates are provided in UTM meters (UTM Zone 10N, NAD 83) and latitude/longitude decimal degrees (NAD83).

    Table 2—List of Boundary Points Included in the Request for Interest Point
  • number
  • UTM
  • (Easting)
  • UTM
  • (Northing)
  • Latitude Longitude
    1 610400 3955200 35.7346059 −121.7791773 2 615200 3955200 35.73405568 −121.7261096 3 615200 3954000 35.72323874 −121.7262819 4 616400 3954000 35.72309758 −121.7130169 5 616400 3945600 35.64737882 −121.7142327 6 617600 3945600 35.6472366 −121.7009804 7 617600 3939600 35.59315144 −121.7018549 8 618800 3939600 35.59300805 −121.6886116 9 618800 3938400 35.58219101 −121.688788 10 620000 3938400 35.58204622 −121.6755466 11 620000 3937200 35.57122922 −121.6757246 12 621200 3937200 35.57108303 −121.6624851 13 621200 3936000 35.56026607 −121.6626649 14 622400 3936000 35.56011849 −121.6494272 15 622400 3934800 35.54930157 −121.6496087 16 632000 3934800 35.54806908 −121.5437251 17 632000 3931200 35.51561966 −121.5443115 18 634400 3931200 35.5152974 −121.5178522 19 634400 3924000 35.45039878 −121.5190434 20 629600 3924000 35.45103598 −121.5719198 21 629600 3926400 35.47266944 −121.5715373 22 628400 3926400 35.47282524 −121.5847602 23 628400 3927600 35.48364201 −121.5845706 24 627200 3927600 35.48379642 −121.5977953 25 627200 3928800 35.49461323 −121.5976074 26 624800 3928800 35.49491784 −121.6240607 27 624800 3930000 35.50573474 −121.6238762 28 622400 3930000 35.50603368 −121.6503335 29 622400 3931200 35.51685068 −121.6501524 30 620000 3931200 35.51714393 −121.6766137 31 620000 3932400 35.52796103 −121.676436 32 618800 3932400 35.52810553 −121.6896686 33 618800 3933600 35.53892267 −121.6894926 34 615200 3933600 35.53934765 −121.7291961 35 615200 3934800 35.55016493 −121.7290254 36 614000 3934800 35.55030374 −121.7422619 37 614000 3936000 35.56112106 −121.7420929 38 610400 3936000 35.56152894 −121.7818081 39 610400 3937200 35.57234641 −121.7816443 40 608000 3937200 35.57261116 −121.8081251 41 608000 3945600 35.64833356 −121.8070013 42 609200 3945600 35.64820154 −121.7937484 43 609200 3951600 35.70228811 -121.7929341
    Map of the Proposed Lease Area

    A map of the Proposed Lease Area can be found at: http://www.boem.gov/California/. A large-scale map of the Proposed Lease Area showing boundaries of the area with the numbered blocks is available from BOEM at the following address: Bureau of Ocean Energy Management, Pacific Region Office of Strategic Resources, 760 Paseo Camarillo, Suite 102, Second Floor, Camarillo, California 93010.

    Department of Defense Activities and Potential Stipulations

    The Department of Defense (DOD) conducts offshore testing, training, and operations on the OCS and may request that BOEM condition any activities that might take place in the Proposed Lease Area. BOEM will consult with DOD regarding potential issues concerning offshore testing, training, and operational activities in an effort to try to minimize any potential impacts, and may develop stipulations, as appropriate, to mitigate the effects of renewable energy activities on any DOD activities in and around the Proposed Lease Area.

    Required Indication of Interest Information

    If you intend to submit an indication of interest in acquiring a commercial wind lease within the Proposed Lease Area, you must provide the following:

    (1) The BOEM Protraction name, number, and specific whole or partial OCS blocks within the Proposed Lease Area that are of interest for commercial wind leasing, including any required buffer area(s). If your area(s) includes partial blocks, include the sub-block letter (A-P). Additionally, you should submit a shapefile or geodatabase of the project area compatible with ArcGIS 10.3 and in either NAD 83 unprojected, or NAD 83 UTM Zone 10 N. Any request for a commercial wind lease located outside of the Proposed Lease Area should be submitted separately pursuant to 30 CFR 585.230;

    (2) A general description of your objectives and the facilities that you would use to achieve those objectives;

    (3) A general schedule of proposed activities, including those leading to the development of a commercial wind energy project within the Proposed Lease Area;

    (4) Available and pertinent data and information concerning renewable energy resources and environmental conditions in the area that you wish to lease, including energy and resource data and information used to evaluate the area of interest. Where applicable, spatial information should be submitted in a format compatible with ArcGIS 10.3 in either NAD 83 unprojected, or NAD 83 UTM Zone 10 N;

    (5) Documentation demonstrating that you are legally qualified to hold a lease as set forth in 30 CFR 585.106-107. Legal qualification documents will be placed in an official file that may be made available for public review. If you wish that any part of your legal qualification documentation be kept confidential, clearly identify what should be kept confidential, and submit it under separate cover (see “Protection of Privileged or Confidential Information Section,” below); and

    (6) Documentation demonstrating that you are technically and financially capable of constructing, operating, maintaining, and decommissioning the facilities described in paragraph (2) above. Guidance regarding the documentation that could be used to demonstrate your technical and financial qualifications can be found at: http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/QualificationGuidelines-pdf.aspx. If you wish for any part of your technical and financial qualification documentation to be kept confidential, clearly identify what should be kept confidential, and submit it under separate cover (see “Protection of Privileged or Confidential Information,” below).

    It is critical that you provide a complete submission of interest so that BOEM may consider your submission in a timely manner. If BOEM reviews your submission and determines that it is incomplete, BOEM will inform you of this determination in writing and describe the information that BOEM needs from you in order for BOEM to deem your submission complete. You will be given 15 business days from the date of the letter to provide any information that BOEM has deemed missing from your original submission. If you do not meet this deadline, or if BOEM determines that your second submission is also insufficient, BOEM may deem your submission invalid. In such a case, BOEM will not consider your submission.

    Requested Information From Interested or Affected Parties

    BOEM is also requesting specific and detailed comments from the public and interested or affected parties regarding the following:

    (1) Geological and geophysical conditions (including seabed conditions and shallow hazards) in the Proposed Lease Area;

    (2) Historic properties and archaeological resources potentially affected by the installation of wind facilities in the Proposed Lease Area;

    (3) Other uses of the Proposed Lease Area, including, but not limited to, navigation (including commercial and recreational vessel usage); commercial and recreational fishing; recreational activities (e.g., dive sites, surfing, wildlife viewing, and scenic areas); Department of Defense activities; aviation; other energy-related development activities; scientific research; and utilities and communications infrastructure (e.g., undersea energy and/or telecommunications cables);

    (4) Other relevant environmental information relating to the Proposed Lease Area, including but not limited to: national marine sanctuary resources, protected species and habitats, marine mammals, sea turtles, birds, fish, zooplankton, and cultural resources; and

    (5) Socioeconomic information relating to the Proposed Lease Area, such as demographics and employment or information relevant to environmental justice considerations.

    Protection of Privileged or Confidential Information Freedom of Information Act

    BOEM will protect privileged or confidential information you submit when required by the Freedom of Information Act (FOIA). Exemption 4 of FOIA applies to trade secrets and commercial or financial information that is privileged or confidential. If you wish to protect the confidentiality of such information, please identify and clearly label it with “Contains Confidential Information” and request BOEM treat it as confidential. BOEM will not disclose such information if it qualifies for exemption from disclosure under FOIA. Information not labeled as privileged or confidential will be regarded by BOEM as suitable for public release.

    BOEM will not treat as confidential any aggregate summaries of privileged or confidential information or comments not containing such information. Additionally, BOEM will not treat as confidential (1) the legal title of any entity submitting an indication of interest (for example, the name of your company), or (2) the list of whole or partial blocks that you are indicating an interest in leasing.

    Section 304 of the National Historic Preservation Act (16 U.S.C. 470w-3(a))

    BOEM is required to withhold the location, character, or ownership of historic resources if it determines disclosure may, among other things, risk harm to the historic resources or impede the use of a traditional religious site by practitioners. Those providing information eligible for protection under section 304 of NHPA should designate such information as confidential.

    Dated: July 27, 2016. Abigail Ross Hopper, Director, Bureau of Ocean Energy Management.
    [FR Doc. 2016-19349 Filed 8-17-16; 8:45 am] BILLING CODE 4310-MR-P
    INTERNATIONAL TRADE COMMISSION [USITC SE-16-029] Government in the Sunshine Act Meeting Notice AGENCY HOLDING THE MEETING:

    United States International Trade Commission.

    TIME AND DATE:

    August 24, 2016 at 11:00 a.m.

    PLACE:

    Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205-2000.

    STATUS:

    Open to the public.

    MATTERS TO BE CONSIDERED:

    1. Agendas for future meetings: None.

    2. Minutes.

    3. Ratification List.

    4. Vote in Inv. Nos. 701-TA-467 and 731-TA-1164-1165 (Review) (Narrow Woven Ribbons with Woven Selvedge from China and Taiwan). The Commission is currently scheduled to complete and file its determinations and views of the Commission on September 9, 2016.

    5. Outstanding action jackets: None.

    In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting.

    By order of the Commission.

    Issued: August 15, 2016. William R. Bishop, Supervisory Hearings and Information Officer.
    [FR Doc. 2016-19806 Filed 8-16-16; 11:15 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-1306 (Final)] Large Residential Washers From China; Scheduling of the Final Phase of an Antidumping Duty Investigation AGENCY:

    United States International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. 731-TA-1306 (Final) pursuant to the Tariff Act of 1930 (“the Act”) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of large residential washers from China, provided for in subheading 8450.20.00 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce to be sold at less-than-fair-value.1

    1 For purposes of this investigation, the Department of Commerce has defined “large residential washers” as “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 designed for use in large residential washers which incorporate, at a minimum: (a) A tub; and (b) a seal; (3) all assembled baskets designed for use in large residential washers which incorporate, at a minimum: (a) A side wrapper; (b) a base; and (c) a drive hub; and (4) any combination of the foregoing parts or subassemblies.

    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; (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; or

    (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, 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.

    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; (3) have a drive train consisting, inter alia, of (a) a permanent split capacitor (PSC) motor, (b) a belt drive, and (c) a flat wrap spring clutch.

    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 a drive train consisting, inter alia, of (a) a controlled induction motor (CIM), and (b) a belt drive.

    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).”

    DATES:

    Effective Date: August 15, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Christopher Cassise ((202) 708-5408), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.

    SUPPLEMENTARY INFORMATION:

    Background.—The final phase of this investigation is being scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)), as a result of an affirmative preliminary determination by the Department of Commerce that imports of large residential washers from China are being sold in the United States at less than fair value within the meaning of section 733 of the Act (19 U.S.C. 1673b). The investigation was requested in a petition filed on December 16, 2015, by Whirlpool Corporation, Benton Harbor, Michigan.

    For further information concerning the conduct of this phase of the investigation, hearing procedures, and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207).

    Participation in the investigation and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of this investigation as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission's rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigation need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigation.

    Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in the final phase of this investigation available to authorized applicants under the APO issued in the investigation, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigation. A party granted access to BPI in the preliminary phase of the investigation need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO.

    Staff report.—The prehearing staff report in the final phase of this investigation will be placed in the nonpublic record on November 22, 2016, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission's rules.

    Hearing.—The Commission will hold a hearing in connection with the final phase of this investigation beginning at 9:30 a.m. on Wednesday, December 7, 2016, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before November 29, 2016. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should participate in a prehearing conference to be held on December 1, 2016, at the U.S. International Trade Commission Building, if deemed necessary. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing.

    Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.23 of the Commission's rules; the deadline for filing is November 30, 2016. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission's rules, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission's rules. The deadline for filing posthearing briefs is December 14, 2016. In addition, any person who has not entered an appearance as a party to the investigation may submit a written statement of information pertinent to the subject of the investigation, including statements of support or opposition to the petition, on or before December 14, 2016. On January 3, 2017, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before January 5, 2017, but such final comments must not contain new factual information and must otherwise comply with section 207.30 of the Commission's rules. All written submissions must conform with the provisions of section 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's Handbook on E-Filing, available on the Commission's Web site at http://edis.usitc.gov, elaborates upon the Commission's rules with respect to electronic filing.

    Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission's rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff.

    In accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the investigation must be served on all other parties to the investigation (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service.

    Authority:

    This investigation is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: August 15, 2016. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2016-19729 Filed 8-17-16; 8:45 am] BILLING CODE 7020-02-P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—UHD Alliance, Inc.

    Notice is hereby given that, on July 19, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), UHD Alliance, Inc. (“UHD Alliance”) filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Vestel Elektronik Sanayi ve Ticaret A.S., Manisa, TURKEY; Ittiam Systems Inc., Plano, TX; Eutelsat SA, Paris, Cedex, FRANCE; Quatius Ltd., Kwai Chung, HONG KONG-CHINA; SPI International, Inc., New York, NY; and Amlogic (Shanghai), Ltd., Shanghai, PEOPLE'S REPUBLIC OF CHINA, have been added as parties to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and UHD Alliance intends to file additional written notifications disclosing all changes in membership.

    On June 17, 2015, UHD Alliance filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on July 17, 2015 (80 FR 42537).

    The last notification was filed with the Department on May 11, 2016. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on June 9, 2016 (81 FR 37212).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2016-19703 Filed 8-17-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Automotive Security Review Board, Inc.

    Notice is hereby given that, on July 27, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), Automotive Security Review Board, Inc. (“ASRB”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the identities of the parties to the venture and (2) the nature and objectives of the venture. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances.

    Pursuant to Section 6(b) of the Act, the identities of the parties to the venture are: Aeris Communications, Inc., Santa Clara, CA; Intel Corporation, Santa Clara, CA; and Uber Technologies Inc., San Francisco, CA. The general area of ASRB's planned activity is research focused on mitigation of future automotive cybersecurity risks.

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2016-19705 Filed 8-17-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Allseen Alliance, Inc.

    Notice is hereby given that, on July 26, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), AllSeen Alliance, Inc. (“AllSeen Alliance”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Seluxit ApS, Hjulmagervej, Aalborg, DENMARK; Trend Micro, Taipei, TAIWAN; Ashiemymy Technology Limited, Croyodn, Greater London, UNITED KINGDOM; Xiamen Hualin Electronics Co., Ltd., Torch Hi-tech District, Xiamen, PEOPLE'S REPUBLIC OF CHINA; Loewe Technologies GmbH, Kronach, GERMANY; SGS Taiwan Ltd., Wuku District, New Taipei City, TAIWAN; AT4 wireless, S.A.U., Malaga, SPAIN; and VESTEL, Manisa, TURKEY, have been added as parties to this venture.

    Also, AT&T Services, Inc. (on behalf of itself and its affiliates), Atlanta, GA; CA Engineering, Draper, UT; Cisco Systems, Inc., Lawrenceville, GA; Guangdong Pisen Electronics Co. Ltd., Longgang District, Shenzhen City, PEOPLE'S REPUBLIC OF CHINA; Imagination Technologies, Sunnyvale, CA; Le Shi Zhi Xin Electronic Technology (Tianjin) Limited, Chaoyang District, Beijing, PEOPLE'S REPUBLIC OF CHINA; LiteOn Technology Corporation, New Taipei City, TAIWAN; Sproutling, San Francisco, CA; Vestel Elektronik, Sanayi ve Ticaret A.S., Manisa, TURKEY; Weaved, Inc., Palo Alto, CA; Things.Expert LLC, Doral, FL; Hubble Connected Limited, Victoria, British Columbia, CANADA; DAWON DNS Co., Ltd., Gwangmyeoung-si, Gyeonggi-do, KOREA; Playtabase, Minneapolis, MN; Connectuity, Louisville, KY; CenturyLink, Denver, CO; People Power Company, Palo Alto, CA; Seed Labs, San Francisco, CA; Carvoyant, Inc., Odessa, FL; iGloo Software Pty Ltd., West Melbourne, AUSTRALIA; Waygum, Inc., Dublin, CA; Unizyx Holding Corporation, Hsinchu, TAIWAN; Infobright Inc., Toronto, Ontario, CANADA; Hisilicon Technologies Co., Ltd., Longgang District, Shenzhen, PEOPLE'S REPUBLIC OF CHINA; ZTE Corporation, Shanghai, PEOPLE'S REPUBLIC OF CHINA; and CastleOS Software, LLC, Johnston, RI, have withdrawn as parties to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and AllSeen Alliance intends to file additional written notifications disclosing all changes in membership.

    On January 29, 2014, AllSeen Alliance filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on March 4, 2014 (79 FR 12223).

    The last notification was filed with the Department on May 9, 2016. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on June 9, 2016 (81 FR 37213).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2016-19706 Filed 8-17-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Telemanagement Forum

    Notice is hereby given that, on July 18, 2016, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), TeleManagement Forum (“The Forum”) filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, the following parties have been added as members to this venture: OgilvyOne Worldwide S.A. c/o FIWARE, Madrid, SPAIN; John P. Reilly Sole Trader, Plano, TX; The Open Group, San Francisco, CA; IoT connctd GmbH, Berlin, GERMANY; TWINT AG, Bern, SWITZERLAND; Blekinge Institute of Technology, Karlskrona, SWEDEN; Eclipse Foundation, Ottawa, CANADA; FTTH Council Asia-Pacific, Singapore, SINGAPORE; Philippe Imoucha, Aix-en-Provence, FRANCE; Safe Data Matters, Cork, IRELAND; Bristol University, Bristol, UNITED KINGDOM; The Cure Parkinsons Trust, London, UNITED KINGDOM; RoboFold Ltd., London, UNITED KINGDOM; Dunasys, Nanterre, FRANCE; Clarebourne Consultancy Ltd., Bristol, UNITED KINGDOM; Fluxicon, Eindhoven, NETHERLANDS; EASIS CONSULTING, Paris, FRANCE; Xynexis International, Jakarta, INDONESIA; Telecom Personal (Paraguay), Asuncion, PARAGUAY; MD Healthcare Consultants Ltd., Salford, UNITED KINGDOM; Icertis, Inc., Bellevue, WA; Polkomtel S.A. (PLUS), Warsaw, POLAND; ZDSL.com, Kuala Lumpur, MALAYSIA; Lotus Innovations, LLC, Irvine, CA; Qiy Foundation, Boxtel, NETHERLANDS; Docomo Pacific, Tamuning, GUAM; SP Telecommunications Pte Ltd., Singapore, SINGAPORE; HHB SOLUTIONS LIMITED, Hong Kong, PEOPLE'S REPUBLIC OF CHINA; Cellos Software Limited, Melbourne, AUSTRALIA; US Cellular Corporation, Chicago, IL; CheckNET GmbH, Munich, GERMANY; Millicom Tigo Paraguay, Asuncion, PARAGUAY; Bring Labs, Lisbon, PORTUGAL; RMC Consulting COM TR, Istanbul, TURKEY; Vodafone Netherlands, Maastricht, NETHERLANDS; Panamax Inc., New York, NY; Gaia Smart Cities Solutions Pvt Ltd., Mumbai, INDIA; GCI, Anchorage, AK; EY Global Services Limited, London, UNITED KINGDOM; PricewaterhouseCoopers LLP—Edmonton, Toronto, CANADA; and Pole Star, London, UNITED KINGDOM.

    Also, the following members have changed their names: Mint Systems Limited to BridgeWorx Ltd., Brighton, UNITED KINGDOM; Ascom Deutschland GmbH, Systems & Solutions to Axino Solutions Group, Aachen, GERMANY; TeliaSonera AB to Telia Company, Stockholm, SWEDEN; Mobistar to Orange Belgium NV/SA, Brussels, BELGIUM; Ace Group Holdings, Inc., to CHUBB, New York, NY; FIWARE to OgilvyOne Worldwide S.A. c/o FIWARE, Madrid, SPAIN; Robots to RoboFold Ltd., London, UNITED KINGDOM; and Bring Global to Bring Labs, Lisbon, PORTUGAL.

    In addition, the following parties have withdrawn as parties to this venture: Alcatel-Lucent, Velizy, FRANCE; Banan IT FZ-LLC, Dubai, UAE; bit2win, Rome, ITALY; Broadpeak, Rennes, FRANCE; Cardinality, London, UNITED KINGDOM; Croatian Telecom-HT, Zagreb, CROATIA; cVidya Networks Ltd., Herzliya, ISRAEL; DayBlink Consulting, LLC, Vienna, VA; drop D, Quito, ECUADOR; Eir, Dublin, IRELAND; Etisalat UAE, Abu Dhabi, UNITED ARAB EMIRATES; Fiberblaze, New York, NY; Fornax ICT Kft., Budapest, HUNGARY; Intersec Group, Paris, FRANCE; Magyar Telekom, Budapest, HUNGARY; MEASAT Broadcast Network Systems Sdn Bhd (MBNS-Astro), Kuala Lumpur, MALAYSIA; MTN Ghana, Accra, GHANA; OJSC “VimpelCom,” Moscow, RUSSIA; Samsung Electronics Co., Suwon, SOUTH KOREA; Scarlet S.A, Evere, BELGIUM; Servicios Axtel, SAB, San Pedro Garza Garcia, MEXICO; SML Technologies, Jakarta, INDONESIA; SourceConnect, Chicago, IL; Thomson Video Networks, Cesson-Sévigné, FRANCE; T-Mobile Austria GmbH, Vienna, AUSTRIA; T-Mobile Nederland BV, The Hague, NETHERLANDS; T-Slovak Telekom, a.s., Bratislava, SLOVAKIA; TTNet A.S., Istanbul, TURKEY; Turkcell Iletisim Hiz A.S., Istanbul, TURKEY; UNITEL S.A., Luanda, ANGOLA; Virtual Clarity Ltd., London, UNITED KINGDOM; Wisdom Networks Co., Ltd., Tokyo, JAPAN; and Xura, Ra'anana, ISRAEL.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and the Forum intends to file additional written notifications disclosing all changes in membership.

    On October 21, 1988, the Forum filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on December 8, 1988 (53 FR 49615).

    The last notification was filed with the Department on April 25, 2016. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on June 9, 2016 (81 FR 37213).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2016-19691 Filed 8-17-16; 8:45 am] BILLING CODE P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: 16-057] NASA Advisory Council; Science Committee; Earth Science Subcommittee; Meeting AGENCY:

    National Aeronautics and Space Administration.

    ACTION:

    Notice of meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, the National Aeronautics and Space Administration (NASA) announces a meeting of the Earth Science Subcommittee of the NASA Advisory Council (NAC). This Subcommittee reports to the Science Committee of the NAC. The meeting will be held for the purpose of soliciting, from the scientific community and other persons, scientific and technical information relevant to program planning.

    DATES:

    Thursday, September 15, 2016, 2:30 p.m.-4:30 p.m., Eastern Daylight Time.

    ADDRESSES:

    This meeting will take place telephonically. Any interested person may call the USA toll free conference call number 888-790-3253, passcode 4030394, to participate in this meeting by telephone.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Ann Delo, Science Mission Directorate, NASA Headquarters, Washington, DC 20546, (202) 358-0750, fax (202) 358-2779, or [email protected]

    The agenda for the meeting includes the following topics:

    —Earth Science Program Annual Performance Review According to the Government Performance and Results Act Modernization Act.

    It is imperative that this meeting be held on this date to accommodate the scheduling priorities of the key participants.

    Patricia D. Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration.
    [FR Doc. 2016-19734 Filed 8-17-16; 8:45 am] BILLING CODE 7510-13-P
    NATIONAL CREDIT UNION ADMINISTRATION Submission for OMB Review; Comment Request AGENCY:

    National Credit Union Administration (NCUA).

    ACTION:

    Notice.

    SUMMARY:

    The National Credit Union Administration (NCUA) will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, Public Law 104-13, on or after the date of publication of this notice.

    DATES:

    Comments should be received on or before September 19, 2016 to be assured of consideration.

    ADDRESSES:

    Send comments regarding the burden estimate, or any other aspect of the information collection, including suggestions for reducing the burden, to (1) Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for NCUA, New Executive Office Building, Room 10235, Washington, DC 20503, or email at [email protected] and (2) NCUA PRA Clearance Officer, 1775 Duke Street, Alexandria, VA 22314-3428 or email at [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Copies of the submission may be obtained by emailing [email protected] or viewing the entire information collection request at www.reginfo.gov.

    SUPPLEMENTARY INFORMATION:

    OMB Number: 3133-0067.

    Type of Review: Revision of a currently approved collection.

    Title: Corporate Credit Union Monthly Call Report.

    Form: Form 5310.

    Abstract: NCUA is modifying the instrument for collecting call report data from corporate credit unions. This information is currently collected through a standalone application that requires manual input of data by respondents. NCUA is updating its systems to allow this information to be provided through an online portal in a way that allows respondents to automate the submission of this data. This will significantly reduce the burden associated with this collection. Through this action, the NCUA is also combining two currently approved collections—the monthly call report (OMB Number 3133-0067) and the annual report of officials (OMB Number 3133-0053). These collections will both be submitted through the same online portal and the combination of the two collections under a single control number is consistent with the treatment of this data for natural person credit unions (OMB Number 3133-0004).

    Affected Public: Private Sector: Businesses or other for-profits.

    Estimated Annual Burden Hours: 588.

    By Gerard Poliquin, Secretary of the Board, the National Credit Union Administration, on August 11, 2016.

    Dated: August 11, 2016. Troy S. Hillier, NCUA PRA Clearance Officer.
    [FR Doc. 2016-19500 Filed 8-17-16; 8:45 am] BILLING CODE 7535-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2015-0198] Revisions to Design of Structures, Components, Equipment, and Systems Guidance for NRC Staff AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Standard review plan—final section revision; issuance.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is issuing a final revision to two sections in Chapter 3, “Design of Structures, Components, Equipment, and Systems,” of NUREG-0800, “Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.” The revisions to these Standard Review Plan (SRP) sections reflect no changes in staff position; rather they clarify the original intent of these SRP sections using plain language throughout in accordance with the NRC's Plain Writing Action Plan. Additionally, these revisions reflect operating experience, lessons learned, and updated guidance since the last revision, and address the applicability of regulatory treatment of non-safety systems where appropriate.

    DATES:

    The effective date of this Standard Review Plan (SRP) update is September 19, 2016.

    ADDRESSES:

    Please refer to Docket ID NRC-2015-0198 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0198. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected] For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] For the convenience of the reader, the ADAMS accession numbers are provided in a table in the “Availability of Documents” section of this document.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    FOR FURTHER INFORMATION CONTACT:

    Mark Notich, telephone: 301-415-3053; email: [email protected]; or Nishka Devaser, telephone: 301-415-5196; email: [email protected]; both are staff members of the Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

    SUPPLEMENTARY INFORMATION:

    I. Background

    The staff received no comments on the proposed revisions. The staff is issuing the sections in final form for use. There have been no significant changes made to the sections since being issued in proposed form for public comment. An incorrect statement which stated that the SRP provisions only apply to reviews of applications docketed 6 months or more after the date of issuance was removed. Details of specific changes between current SRP sections and the revised sections issued here are included at the end of each of the revised sections themselves, under the “Description of Changes,” subsections.

    The Office of New Reactors and the Office of Nuclear Reactor Regulation are revising these sections from their current revisions. Details of specific changes in the proposed revisions are included at the end of each of the proposed sections.

    The changes to these SRP sections reflect current NRC staff review methods and practices based on lessons learned from the NRC's reviews of design certification and combined license applications completed since the last revision of this chapter.

    II. Backfitting and Finality Provisions

    Issuance of these revised SRP sections does not constitute backfitting as defined in § 50.109 of title 10 of the Code of Federal Regulations (10 CFR), “Backfitting,” (the Backfit Rule) or otherwise be inconsistent with the issue finality provisions in 10 CFR part 52. The NRC's position is based upon the following considerations.

    1. The SRP positions do not constitute backfitting, inasmuch as the SRP is internal guidance directed at the NRC staff with respect to their regulatory responsibilities.

    The SRP provides guidance to the NRC staff on how to review an application for the NRC's regulatory approval in the form of licensing. Changes in internal NRC staff guidance are not matters for which either nuclear power plant applicants or licensees are protected under either the Backfit Rule or the issue finality provisions of 10 CFR part 52.

    2. The NRC staff has no intention to impose the SRP positions on current licensees and regulatory approvals either now or in the future.

    The NRC staff does not intend to impose or apply the positions described in the SRP to existing (already issued) licenses and regulatory approvals. Therefore, the issuance of a final SRP—even if considered guidance that is within the purview of the issue finality provisions in 10 CFR part 52—need not be evaluated as if it were a backfit or as being inconsistent with issue finality provisions. If, in the future, the NRC staff seeks to impose a position in the SRP on holders of already issued licenses in a manner which does not provide issue finality as described in the applicable issue finality provision, then the NRC staff must make the showing as set forth in the Backfit Rule or address the criteria for avoiding issue finality as described in the applicable issue finality provision.

    3. Backfitting and issue finality do not—with limited exceptions not applicable here—protect current or future applicants.

    Applicants and potential applicants are not, with certain exceptions, protected by either the Backfit Rule or any issue finality provisions under 10 CFR part 52. This is because neither the Backfit Rule nor the issue finality provisions under 10 CFR part 52—with certain exclusions discussed in the next paragraph—were intended to apply to every NRC action which substantially changes the expectations of current and future applicants.

    The exceptions to the general principle are applicable whenever an applicant references a 10 CFR part 52 license (e.g., an early site permit) and/or NRC regulatory approval (e.g., a design certification rule) with specified issue finality provisions. The NRC staff does not, at this time, intend to impose the positions represented in the SRP in a manner that is inconsistent with any issue finality provisions. If, in the future, the NRC staff seeks to impose a position in the SRP in a manner which does not provide issue finality as described in the applicable issue finality provision, then the staff must address the criteria for avoiding issue finality as described in the applicable issue finality provision.

    III. Congressional Review Act

    In accordance with the Congressional Review Act, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of the Office of Management and Budget.

    IV. Availability of Documents

    The ADAMS accession numbers for the revised sections are available in ADAMS under the following accession numbers:

    Document ADAMS
  • Accession No.
  • SRP Section 3.2.1, “Seismic Classification,” Revision 3 ML16084A812 SRP Section 3.2.2, “System Quality Group Classification,” Revision 3 ML16084A884
    Dated at Rockville, Maryland, this 11th day of August, 2016.

    For the Nuclear Regulatory Commission.

    Joseph Colaccino, Chief, New Reactor Rulemaking and Guidance Branch, Division of Engineering, Infrastructure, and Advanced Reactors, Office of New Reactors.
    [FR Doc. 2016-19636 Filed 8-17-16; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [Docket Nos. 52-027 and 52-028; NRC-2008-0441] South Carolina Electric & Gas Company and South Carolina Public Service Authority; Virgil C. Summer Nuclear Station Units 2 and 3 AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Exemption; issuance.

    SUMMARY:

    South Carolina Electric & Gas Company (SCE&G) and South Carolina Public Service Authority (Santee Cooper) are the holders of Combined License (COL) Nos. NPF-93 and NPF-94, which authorize the construction and operation of Virgil C. Summer Nuclear Station, Units 2 and 3 (VCSNS 2 & 3), respectively.1 The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption from the requirement that applicants for an operator license at VCSNS 2 & 3 provide evidence that the applicant, as a trainee, has successfully manipulated the controls of either the facility for which the license is sought or a plant-referenced simulator (PRS). Applicants will instead use a Commission-approved simulation facility for VCSNS 2 & 3.

    1 SCE&G is authorized by the VCSNS Owners to exercise responsibility and control over the physical construction, operation, and maintenance of the facility, and will be referred to as “facility licensee.”

    DATES:

    This exemption is effective as of August 18, 2016.

    ADDRESSES:

    Please refer to Docket ID NRC-2008-0441 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0441. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected]. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. The ADAMS accession number for each document referenced (if that document is available in ADAMS) is provided the first time that a document is referenced. The facility licensee's Commission-Approved Simulation Facility application and exemption request was submitted to the NRC by letters dated April 21, 2016 (ADAMS Accession No. ML16112A256) and June 8, 2016 (ADAMS Accession No. ML16161A030), respectively.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    FOR FURTHER INFORMATION CONTACT:

    Paul Kallan, Office of New Reactors, U.S Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2809; email: [email protected].

    SUPPLEMENTARY INFORMATION:

    I. Background

    The simulation facility for VCSNS 2 & 3 comprises two AP1000 full scope simulators, which are designated “2A” and “2B”. Both simulators are referenced to VCSNS Unit 2 and are intended to be maintained functionally identical. The simulators are licensed to conform to the requirements of ANSI/ANS-3.5-1998, “Nuclear Power Plant Simulation Facilities for Use in Operator Training and License Examination,” as endorsed by Revision 3 of NRC Regulatory Guide 1.149, “Nuclear Power Plant Simulation Facilities for Use in Operator Training and License Examinations.”

    On August 3, 2016, the Commission-approved the simulation facility under § 55.46(b) of title 10 of the Code of Federal Regulations (10 CFR) for use in the administration of operating tests after finding that the simulation facility and its proposed use are suitable for the conduct of operating tests for the facility licensee's reference plant under 10 CFR 55.45(a). The safety evaluation is available in ADAMS under Accession No. ML16203A116.

    II. Request/Action

    Section 55.31(a)(5) states that to apply for an operator's or senior operator's license the applicant shall provide evidence that the applicant, as a trainee, has successfully manipulated the controls of either the facility for which a license is sought or a PRS that meets the requirements of 10 CFR 55.46(c). However, the VCSNS 2 & 3 simulators have not yet been found to meet the NRC's requirements for PRSs at 10 CFR 55.46(c) because the design activities required by the AP1000 design certification to establish the human factors engineering design for the main control room are incomplete.

    The SCE&G requested an exemption from 10 CFR 55.31(a)(5) on June 8, 2016 (ADAMS Accession No. ML16161A030), requesting that the Commission-approved simulation facility be approved in lieu of a PRS for the performance of significant control manipulations. The Commission has determined that an exemption is warranted from the requirement in 10 CFR 55.31(a)(5) that the applicant for a VCSNS 2 & 3 operator's license use a PRS or the facility to provide evidence of having successfully manipulated the controls of the facility. In lieu of that requirement, the Commission will accept evidence that the applicant, as a trainee, has successfully manipulated the controls of the VCSNS 2 & 3 Commission-approved simulation facility meeting the requirements of 10 CFR 55.46(b).

    The staff's evaluation of this action follows.

    III. Discussion

    Pursuant to 10 CFR 55.11, the Commission may, upon application by an interested person, or upon its own initiative, grant exemptions from the requirements of 10 CFR part 55 as it determines are (1) authorized by law, (2) will not endanger life or property, and (3) are otherwise in the public interest.

    1. The exemption is authorized by law.

    Exemptions are authorized by law where they are not expressly prohibited by statute or regulation. A proposed exemption is implicitly “authorized by law” if all of the conditions listed therein are met (i.e., will not endanger life or property and is otherwise in the public interest) and no other provision prohibits, or otherwise restricts, its application. As discussed in this section of the evaluation, no provisions in law restrict or prohibit an exemption to the requirements concerning control manipulations.

    The regulations in 10 CFR part 55 implement Section 107 of the Atomic Energy Act of 1954, as amended (AEA), which sets requirements upon the Commission concerning operators' licenses and states, in part, that the Commission shall (1) “prescribe uniform conditions for licensing individuals as operators of any of the various classes of . . . utilization facilities licensed” by the NRC and (2) “determine the qualifications of such individuals.”

    These requirements in the AEA do not expressly prohibit exemptions to the portion of 10 CFR 55.31(a)(5) that requires the use of a PRS or the facility for control manipulations. Further, as explained below, the exemption has little impact on the uniformity of licensing conditions, and little impact on the determinations of qualifications.

    In a letter from Ronald A. Jones, Vice President, New Nuclear Operations, SCE&G to the NRC dated April 21, 2016 (ADAMS Accession No. ML16112A256), the facility licensee requested Commission approval of the simulation facility for VCSNS 2 & 3 to support the administration of operator licensing examinations.

    The staff's evaluation of the simulation facility for VCSNS 2 & 3 concluded that the simulation facility for VCSNS 2 & 3 provides the necessary reactor physics, thermal hydraulic, and integrated system modeling of the reference plant (i.e., the AP1000 plant as described in the design certification) necessary to perform operator license examinations. This modeling includes the predicted core performance instead of the most recent core load. Because VCSNS 2 & 3 is under construction, plant experience from the most recent core load is not available. Predicted core performance is acceptable because operating experience with core design has demonstrated that the reactor physics and thermal hydraulic characteristics associated with a core design can be accurately predicted. As described in the staff's evaluation of the simulation facility for VCSNS 2 & 3, simulator performance testing has demonstrated that the core performance predictions have been accurately modeled.

    The staff's evaluation of the simulation facility for VCSNS 2 & 3 concluded that the simulation facility for VCSNS 2 & 3 is capable of providing a wide range of scenarios that address the 13 items in 10 CFR 55.45(a) without procedural exceptions, simulator performance exceptions, or deviation from the approved examination scenario sequence. Control manipulations are a subset of actions included in these scenarios and have a defined scope that is significantly less than an examination scenario. Because of the reduced scope, the presence of existing simulator discrepancies in any training scenarios that provide applicants with the opportunity to provide the required control manipulations is even less likely as compared to operating tests. Therefore, there exists a large variety of control manipulations that can be completed without procedural exceptions, simulator performance exceptions, or deviation from the approved training scenario sequence.

    Further, the conditions under which the applicants are licensed will be essentially unchanged, and the usage of the VCSNS 2 & 3 Commission-approved simulation facility in place of a PRS will not significantly change how the Commission determines the qualifications of applicants. Under the exemption, 10 CFR 55.31(a)(5) will continue to require the applicant to perform, at a minimum, five significant control manipulations that affect reactivity or power level.

    For purposes of control manipulations, the staff has already determined in its safety evaluation documenting Commission-approval of the simulation facility for VCSNS 2 & 3 (ADAMS Accession No. ML16203A116) that the facility sufficiently models the systems of the reference plant, including the operating consoles, and permits use of the reference plant's procedures. Facility licensees that propose to use a PRS to meet the control manipulation requirements in 10 CFR 55.31(a)(5) must ensure that:

    (i) The plant-referenced simulator utilizes models relating to nuclear and thermal-hydraulic characteristics that replicate the most recent core load in the nuclear power reference plant for which a license is being sought; and

    (ii) Simulator fidelity has been demonstrated so that significant control manipulations are completed without procedural exceptions, simulator performance exceptions, or deviation from the approved training scenario sequence.

    In its safety evaluation documenting Commission approval of the VCSNS 2 & 3 simulation facility, the staff found that the VCSNS 2 & 3 Commission-approved simulation facility meets these criteria and, therefore, is equivalent to a PRS with respect to performing control manipulations. Thus, the simulation facility for VCSNS 2 & 3 is an acceptable simulation facility for meeting the experience requirements in 10 CFR 55.31(a)(5).

    Accordingly, because a PRS and the VCSNS 2 & 3 Commission-approved simulation facility are essentially the same with respect to control manipulations, an exemption from 10 CFR 55.31(a)(5) allowing the use of the VCSNS 2 & 3 Commission-approved simulation facility in lieu of a PRS or the facility for control manipulations will still satisfy the applicable statutory requirements of the AEA that the Commission prescribe uniform conditions for licensing individuals as operators and determine the qualifications of operators.

    The acceptability of the VCSNS 2 & 3 simulation facility with respect to the significant control manipulations required by 10 CFR 55.31(a)(5) is additionally assured by the fact that SCE&G performs scenario-based testing (SBT) for scenarios used to satisfy the control manipulation requirement. To ensure that simulator discrepancies and/or procedure issues do not affect control manipulations, SCE&G, as a standard practice in accordance with its licensing basis, implements SBT in accordance with Revision 1 of Nuclear Energy Institute (NEI) 09-09, “Nuclear Power Plant-Referenced Simulator Scenario Based Testing Methodology.” 2 The NRC staff endorsed NEI 09-09 in Regulatory Guide 1.149, Revision 4. NEI 09-09 describes SBT as follows:

    2 By letter dated April 21, 2016 (ADAMS Accession No. ML16112A256), SCE&G stated that it conforms to Revision 1 of NEI 09-09.

    Key to the SBT Methodology is parallel testing and evaluation of simulator performance while instructors validate simulator training and evaluation scenarios. As instructors validate satisfactory completion of training or evaluation objectives, procedure steps and scenario content, they are also ensuring satisfactory simulator performance in parallel, not series, making the process an “online” method of evaluating simulator performance. Also critical is the assembly of the SBT package—the collection of a marked-up scenario, appropriate procedures, monitored parameters, an alarm summary and an affirmation checklist that serves as the proof of the robust nature of this method of performance testing. Proper conduct of the SBT Methodology is intended to alleviate the need for post-scenario evaluation of simulator performance since the performance of the simulator is being evaluated (i.e., compared to actual or predicted reference plant performance) during the parallel conduct of SBT and scenario validation.

    Therefore, since the Commission-approved simulation facility for VCSNS 2 & 3 conforms to the same control manipulation requirements as a PRS, the NRC staff will continue to comply with its requirements governing uniformity and operator qualifications.

    Accordingly, for the reasons above, and in light of the reasons discussed in Sections 2 and 3 below, the Commission concludes that the exemption is authorized by law.

    2. The exemption will not endanger life or property.

    As discussed above, as part of its review and approval of SCE&G's request for a VCSNS 2 & 3, Commission-approved simulation facility the staff found that the simulator demonstrates expected plant response to operator input and to normal, transient, and accident conditions to which the simulator has been designed to respond. Further, the staff found that the simulator is designed and implemented so that (i) it is sufficient in scope and fidelity to allow conduct of the evolutions listed in 10 CFR 55.45(a)(1) through (13), and 10 CFR 55.59(c)(3)(i)(A) through (AA), as applicable to the design of the reference plant and (ii) it allows for the completion of control manipulations for operator license applicants. Accordingly, the staff concludes that the Commission-approved simulation facility for VCSNS 2 & 3 will replicate reference plant performance for the significant control manipulations required by 10 CFR 55.31(a)(5).

    Because the VCSNS 2 & 3 Commission-approved simulation facility satisfactorily replicates reference plant performance with respect to control manipulations, the staff concludes that there is no basis to find endangerment of life or property as a consequence of the exemption.

    3. The exemption is otherwise in the public interest.

    The Commission's values guide the NRC in maintaining certain principles as it carries out regulatory activities in furtherance of its safety and security mission. These principles focus the NRC on ensuring safety and security while appropriately considering the interests of the NRC's stakeholders, including the public and licensees. These principles include Independence, Openness, Efficiency, Clarity, and Reliability. Whether granting an exemption to the requirement to use a PRS or the facility and allowing use of a Commission-approved simulation facility for VCSNS 2 & 3 would be in the public interest depends on the consideration and balancing of the foregoing factors.

    Concerning Efficiency, the public has an interest in the best possible management and administration of regulatory activities. Regulatory activities should be consistent with the degree of risk reduction they achieve. Where several effective alternatives are available, the option which minimizes the use of resources should be adopted. Regulatory decisions should be made without undue delay. As applied to using a Commission-approved simulation facility rather than a PRS or the facility, in light of the Commission's findings that the capabilities of the VCSNS 2 & 3 Commission-approved simulation facility are equivalent to those of a PRS for control manipulations, the use of the VCSNS 2 & 3 Commission-approved simulation facility provides both an effective and an efficient alternative for the VCSNS 2 & 3 operator license applicant to gain the required experience.

    Concerning Reliability, once established, regulations should be perceived to be reliable and not unjustifiably in a state of transition. Regulatory actions should always be fully consistent with written regulations and should be promptly, fairly, and decisively administered so as to lend stability to the nuclear operational and planning processes. Here, where the staff has already found that the VCSNS 2 & 3 Commission-approved simulation facility is equivalent to a PRS with respect to control manipulations, the substantive requirements upon the operator license applicant are unchanged with the granting of the exemption. Further, the public has an interest in reliability in terms of the stability of the nuclear planning process. This exemption aids planning by allowing operator license applicants to complete their applications sooner, with the underlying requirements essentially unchanged, and could result in licensing decisions being made earlier than would be possible if the applicants had to wait for a PRS to be available.

    Concerning Clarity, there should be a clear nexus between regulations and agency goals and objectives whether explicitly or implicitly stated. Agency positions should be readily understood and easily applied. For the reasons explained in the NRC's evaluation of the VCSNS 2 & 3 Commission-approved simulation facility, the Commission-approved simulation facility is sufficient for administering operating tests, and is able to meet the requirements of a PRS with respect to control manipulations. The exemption accordingly recognizes that the capabilities of the VCSNS 2 & 3 Commission-approved simulation facility are suitable to accomplish the regulatory purpose underlying the requirements of 10 CFR 55.31(a)(5).

    The exemption is also consistent with the principles of Independence and Openness; the Commission has independently and objectively considered the regulatory interests involved and has explicitly documented its reasons for issuing the exemption.

    Accordingly, on balance the Commission concludes that the exemption is in the public interest.

    Conclusion

    The Commission concludes that the exemption is (1) authorized by law, and (2) will not endanger life or property, and (3) is otherwise in the public interest. Therefore, in lieu of the requirements of 10 CFR 55.31(a)(5), the Commission will accept evidence that the applicant for a VCSNS 2 & 3 operator license has completed the required manipulations on the VCSNS 2 & 3 Commission-approved simulation facility that meets the requirements of 10 CFR 55.46(b), rather than on a PRS or the facility.

    Expiration and Limitation

    This exemption will expire when a VCSNS 2 & 3 PRS that meets the requirements in 10 CFR 55.46(c) is available. Furthermore, this exemption is subject to the condition that the Commission-approved simulation facility for VCSNS 2 & 3 continues to model the reference plant with sufficient scope and fidelity, in accordance with 10 CFR 55.46(c) and (d).

    Environmental Consideration

    This exemption allows the five significant control manipulations required by 10 CFR 55.31(a)(5) to be performed on the VCSNS 2 & 3 Commission-approved simulation facility that has been approved for the administration of operating tests instead of on the VCSNS 2 & 3 facility or a PRS.

    For the following reasons, this exemption meets the eligibility criteria of 10 CFR 51.22(c)(25) for a categorical exclusion. There is no significant hazards consideration related to this exemption. The staff has also determined that the exemption involves no significant increase in the amounts, and no significant change in the types, of any effluents that may be released offsite; that there is no significant increase in individual or cumulative public or occupational radiation exposure; that there is no significant construction impact; and that there is no significant increase in the potential for or consequences from radiological accidents. Finally, the requirements to which the exemption applies involve qualification requirements. Accordingly, the exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of the exemption.

    4. This exemption is effective as of August 18, 2016.

    IV. Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 55.11, issuing this exemption from the requirements in 10 CFR 55.31(a)(5) is authorized by law and will not endanger life or property and is otherwise in the public interest. The Commission will ac