Federal Register Vol. 81, No.167,

Federal Register Volume 81, Issue 167 (August 29, 2016)

Page Range59121-59420
FR Document

81_FR_167
Current View
Page and SubjectPDF
81 FR 59180 - Sunshine Act MeetingPDF
81 FR 59121 - Establishment of the Katahdin Woods and Waters National MonumentPDF
81 FR 59153 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna FisheriesPDF
81 FR 59249 - Sunshine Act MeetingPDF
81 FR 59190 - Notice of availability of the Final Restoration Plan and Programmatic Environmental Impact Statement for Restoration Resulting From the Kalamazoo River Natural Resource Damage Assessment Related to the Allied Paper, Inc./Portage Creek/Kalamazoo River Superfund SitePDF
81 FR 59202 - Notice Inviting Publishers To Submit Tests for a Determination of Suitability for Use in the National Reporting System for Adult EducationPDF
81 FR 59243 - Notice of Public Meeting, Twin Falls District Resource Advisory Council, IdahoPDF
81 FR 59241 - Notice of Availability of a Draft Safe Harbor Agreement and Draft Environmental Assessment for Activities Within Austin, Bastrop, Burleson, Colorado, Lavaca, Lee, Leon, Milam, and Robertson Counties, TexasPDF
81 FR 59227 - Meeting of the Community Preventive Services Task Force (Task Force)PDF
81 FR 59194 - Ocean Exploration Advisory Board (OEAB)PDF
81 FR 59196 - Advisory Committee for the Sustained National Climate Assessment (SNCA)PDF
81 FR 59197 - Request for Comments and Notice of Roundtable Event on Leveraging Electronic Resources To Retrieve Information From Applicant's Other Applications and Streamline Patent IssuancePDF
81 FR 59233 - Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and LaboratoryPDF
81 FR 59200 - Third Annual USPTO Cooperative Patent Classification Meeting With Industry UsersPDF
81 FR 59237 - 60-Day Notice of Proposed Information Collection: Multifamily Mortgagee's Application for Insurance BenefitsPDF
81 FR 59237 - Notice of Proposed Information Collection: The Housing Counseling Federal Advisory Committee Membership ApplicationPDF
81 FR 59235 - Implementation of the Privacy Act of 1974, as Amended; Amended System of Records Notice, Single Family Insurance System (SFIS)PDF
81 FR 59185 - Certain Carbon and Alloy Steel Cut-to-Length Plate From Austria, Belgium, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, the People's Republic of China, and Taiwan: Postponement of Preliminary Determinations of Antidumping Duty InvestigationsPDF
81 FR 59195 - Mid-Atlantic Fishery Management Council (MAFMC); Public MeetingPDF
81 FR 59189 - New England Fishery Management Council; Public MeetingPDF
81 FR 59194 - New England Fishery Management Council; Public MeetingPDF
81 FR 59129 - Approval of Information Collections for Operation and Certification of Small Unmanned Aircraft SystemsPDF
81 FR 59264 - 30-Day Notice of Proposed Information Collection: Application for a U.S. Passport: Corrections, Name Change Within 1 Year of Passport Issuance, and Limited Passport HoldersPDF
81 FR 59136 - Cargo Securing ManualsPDF
81 FR 59251 - Proposed Collection; Comment RequestPDF
81 FR 59263 - 30-Day Notice of Proposed Information Collection: Technology Security/Clearance Plans, Screening Records, and Non-Disclosure Agreements Pursuant to 22 CFR 126.18PDF
81 FR 59238 - Draft Safe Harbor Agreement Amendment and Application for an Enhancement of Survival Permit for the Phoenix Reach of the Rio Salado Environmental Restoration ProjectPDF
81 FR 59270 - Submission for OMB Review; Comment RequestPDF
81 FR 59226 - Update to Notice of Financial Institutions for Which the Federal Deposit Insurance Corporation Has Been Appointed Either Receiver, Liquidator, or ManagerPDF
81 FR 59261 - West Virginia Disaster # WV-00045PDF
81 FR 59261 - Surrender of License of Small Business Investment CompanyPDF
81 FR 59185 - Proposed Information Collection; Comment Request; Implementation of Vessel Speed Restrictions To Reduce the Threat of Ship Collisions With North Atlantic Right WhalesPDF
81 FR 59218 - Proposed Settlement Pursuant to Section 122(h)(1) of CERCLA Relating to the Newstead Superfund Site, in the Town of Newstead, Erie County, New York.PDF
81 FR 59165 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various CommoditiesPDF
81 FR 59226 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
81 FR 59225 - Public Safety and Homeland Security Bureau; Federal Advisory Committee Act; Task Force on Optimal Public Safety Answering Point ArchitecturePDF
81 FR 59248 - Agency Information Collection Activities: Proposed Collection; Comment Request; Contractor ProfilePDF
81 FR 59247 - Submission for OMB Review; Comment RequestPDF
81 FR 59137 - Drawbridge Operation Regulation; Upper Mississippi River, Rock Island, ILPDF
81 FR 59141 - Update of Existing and Addition of New User FeesPDF
81 FR 59192 - Pacific Fishery Management Council; Public MeetingsPDF
81 FR 59265 - Union Pacific Railroad Company-Abandonment Exemption-in Pima County, Ariz.PDF
81 FR 59186 - South Atlantic Fishery Management Council; Public MeetingPDF
81 FR 59231 - Merchant Mariner Medical Advisory CommitteePDF
81 FR 59232 - Merchant Marine Personnel Advisory CommitteePDF
81 FR 59247 - Intent To Renew the Bureau of Labor Statistics Data Users Advisory CommitteePDF
81 FR 59201 - Submission for OMB Review; Comment RequestPDF
81 FR 59211 - Combined Notice of FilingsPDF
81 FR 59206 - Combined Notice of Filings #1PDF
81 FR 59209 - Records Governing Off-the-Record Communications; Public NoticePDF
81 FR 59210 - Southern Maryland Electric Cooperative, Inc.; Choptank Electric Cooperative, Inc.; Notice of Petition for Declaratory OrderPDF
81 FR 59206 - Oregon Clean Energy, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
81 FR 59207 - Emera Energy Services Subsidiary No. 15 LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
81 FR 59212 - Emera Energy Services Subsidiary No. 14 LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
81 FR 59211 - Emera Energy Services Subsidiary No. 13 LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
81 FR 59205 - Emera Energy Services Subsidiary No. 12 LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
81 FR 59210 - Emera Energy Services Subsidiary No. 11 LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
81 FR 59206 - Boulder Solar II, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
81 FR 59210 - NextEra Blythe Solar Energy Center, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
81 FR 59208 - Tennessee Gas Transmission, L.L.C.; Notice of Availability of the Environmental Assessment for the Proposed Orion ProjectPDF
81 FR 59205 - Combined Notice of Filings #1PDF
81 FR 59212 - Notice of Interim ApprovalPDF
81 FR 59203 - Environmental Management Site-Specific Advisory Board, HanfordPDF
81 FR 59203 - Electricity Advisory CommitteePDF
81 FR 59223 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Control of Evaporative Emissions From New and In-Use Portable Gasoline Containers (Renewal)PDF
81 FR 59220 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; School Integrated Pest Management Awards ProgramPDF
81 FR 59184 - Subsea & Onshore Technology Trade Mission to Rio de Janeiro, Brazil October 19-21, 2016; CancellationPDF
81 FR 59196 - Marine Mammals; File No. 20341PDF
81 FR 59190 - Marine Mammals; File Nos. 19669 and 20532PDF
81 FR 59246 - Notice of Chief Freedom of Information Act Officer Council MeetingPDF
81 FR 59178 - Submission for OMB Review; Comment RequestPDF
81 FR 59228 - Proposed Information Collection Activity; Comment RequestPDF
81 FR 59216 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Collection of Information on Anaerobic Digestion Facilities Processing Wasted Food To Support EPA's Sustainable Food Management Programs (New)PDF
81 FR 59220 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Iron and Steel Foundries (Renewal)PDF
81 FR 59271 - Privacy Act of 1974; System of RecordsPDF
81 FR 59224 - Agency Information Collection Activities; Submitted to OMB for Review and Approval; Comment Request; Submission of Protocols and Study Reports for Environmental Research Involving Human SubjectsPDF
81 FR 59243 - Proposed Information Collection; The Interagency Access Pass and Senior Pass Application ProcessesPDF
81 FR 59215 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Commercial Ethylene Oxide Sterilization and Fumigation Operations (Renewal)PDF
81 FR 59221 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Incinerators (Renewal)PDF
81 FR 59217 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; RadNet (Renewal)PDF
81 FR 59215 - Agency Information Collection Activities; Submitted to OMB for Review and Approval; Comment Request; Tolerance Petitions for Pesticides on Food or Feed Crops and New Food Use Inert IngredientsPDF
81 FR 59192 - Marine Mammals; File Nos. 19315 and 19674PDF
81 FR 59218 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Site Remediation (Renewal)PDF
81 FR 59223 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Organic Liquids Distribution (Non-Gasoline) Facilities (Renewal)PDF
81 FR 59222 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Emission Guidelines for Commercial and Industrial Solid Waste Incineration Units (Renewal)PDF
81 FR 59219 - Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Commercial and Industrial Solid Waste Incineration Units (Renewal)PDF
81 FR 59163 - Safety Zone; Pago Pago Harbor, American SamoaPDF
81 FR 59226 - Submission for OMB Review; Limitations on Pass-Through ChargesPDF
81 FR 59229 - Agency Information Collection Activities: Proposed Collection: Public Comment Request; the National Health Service Corps Loan Repayment ProgramPDF
81 FR 59270 - Sanctions Actions Pursuant to Executive Order 13667PDF
81 FR 59200 - Procurement List; AdditionPDF
81 FR 59181 - National Defense Stockpile Market Impact Committee Request for Public Comments on the Potential Market Impact of the Proposed Fiscal Year 2018 Annual Materials PlanPDF
81 FR 59257 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Elkhorn Commodity Rotation Strategy ETF of the Elkhorn ETF TrustPDF
81 FR 59256 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change to BZX Rule 14.11(e)(4), Commodity-Based Trust Shares, To List and Trade Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin TrustPDF
81 FR 59253 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change to BZX Rule 14.11(i), Managed Fund Shares, To List and Trade Shares of the ProShares Crude Oil Strategy ETFPDF
81 FR 59253 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order Approving a Proposed Rule Change, as Modified by Amendment No. 1, To List and Trade Shares of the First Trust CEF Income Opportunity ETF and the First Trust Municipal CEF Income Opportunity ETFPDF
81 FR 59259 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change, as Modified by Amendment No. 1 Thereto, Allowing the Exchange To Trade Pursuant To Unlisted Trading Privileges for Any NMS Stock Listed on Another National Securities Exchange; Establishing Listing and Trading Requirements for Exchange Traded Products; and Adopting New Equity Trading Rules Relating To Trading Halts of Securities Traded Pursuant to UTP on the Pillar PlatformPDF
81 FR 59257 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change to BZX Rule 14.11(d) To Add the EURO STOXX 50® Volatility Futures to the Definition of Futures Reference AssetPDF
81 FR 59253 - Proposed Collection; Comment RequestPDF
81 FR 59260 - Proposed Collection; Comment RequestPDF
81 FR 59246 - Aluminum: Competitive Conditions Affecting the U.S. Industry Submission of Questionnaire for OMB ReviewPDF
81 FR 59250 - Information Collection: Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear MaterialPDF
81 FR 59249 - Information Collection: NRC Form 237, Request for Access AuthorizationPDF
81 FR 59251 - Information Collection: NRC Form 277, Request for VisitPDF
81 FR 59234 - National Infrastructure Advisory CouncilPDF
81 FR 59268 - Graco Children's Products, Inc., Denial of Petition for Decision of Inconsequential NoncompliancePDF
81 FR 59261 - Agency Information Collection Activities: Proposed Request and Comment RequestPDF
81 FR 59230 - National Human Genome Research Institute; Notice of Closed MeetingPDF
81 FR 59230 - Center for Scientific Review; Notice of Closed MeetingsPDF
81 FR 59179 - Agency Information Collection Activities: Proposed Collection; Comment Request-Request for Public Comments for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Loving Support Award of ExcellencePDF
81 FR 59239 - Endangered Species; Receipt of Applications for PermitPDF
81 FR 59157 - Toxic Substance Control Act Chemical Substance Import Certification Process RevisionsPDF
81 FR 59165 - Air Plan Approval; New Hampshire; Approval of Single Source OrdersPDF
81 FR 59139 - Air Plan Approval; New Hampshire; Approval of Single Source OrdersPDF
81 FR 59183 - Healthcare Business Development Mission to ChinaPDF
81 FR 59167 - Atlantic Highly Migratory Species; 2017 Atlantic Shark Commercial Fishing SeasonPDF
81 FR 59137 - Loan Guaranty: Delegation of AuthorityPDF
81 FR 59244 - Announcement of Requirements and Registration for a Prize Competition Seeking: Preventing Rodent Burrows in Earthen EmbankmentsPDF
81 FR 59266 - Qualification of Drivers; Exemption Applications; VisionPDF
81 FR 59146 - First Amendment to Collocation AgreementPDF
81 FR 59385 - Energy Conservation Program: Test Procedure for Compact Fluorescent LampsPDF
81 FR 59129 - Food Labeling; Technical AmendmentsPDF
81 FR 59135 - New Animal Drugs for Use in Animal Feed; Withdrawal of Approval of a New Animal Drug ApplicationPDF
81 FR 59131 - New Animal Drugs; Approval of New Animal Drug Applications; Withdrawal of Approval of New Animal Drug Applications; Changes of Sponsorship; Change of Sponsor's Name and Address; Change of Sponsor's AddressPDF
81 FR 59275 - Emission Guidelines and Compliance Times for Municipal Solid Waste LandfillsPDF
81 FR 59331 - Standards of Performance for Municipal Solid Waste LandfillsPDF

Issue

81 167 Monday, August 29, 2016 Contents Agriculture Agriculture Department See

Food and Nutrition Service

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59178-59179 2016-20611
Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Community Preventive Services Task Force, 59227-59228 2016-20709 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings; Sunshine Act, 59180-59181 2016-20867 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: ACF Program Instruction: Children's Justice Act, 59228-59229 2016-20610 Coast Guard Coast Guard RULES Cargo Securing Manuals, 59136-59137 2016-20678 Drawbridge Operations: Upper Mississippi River, Rock Island, IL, 59137 2016-20648 PROPOSED RULES Safety Zones: Pago Pago Harbor, American Samoa, 59163-59165 2016-20591 NOTICES Meetings: Merchant Marine Personnel Advisory Committee, 59232-59233 2016-20641 Merchant Mariner Medical Advisory Committee, 59231-59232 2016-20642 Commerce Commerce Department See

Industry and Security Bureau

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

See

Patent and Trademark Office

Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 59200 2016-20582 Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59201-59202 2016-20636 2016-20637 Defense Department Defense Department See

Defense Acquisition Regulations System

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Limitations on Pass-Through Charges, 59226-59227 2016-20586
Education Department Education Department NOTICES National Reporting System for Adult Education: Invitation to Publishers to Submit Tests, 59202-59203 2016-20720 Energy Department Energy Department See

Federal Energy Regulatory Commission

See

Southeastern Power Administration

RULES Energy Conservation Program: Test Procedure for Compact Fluorescent Lamps, 59386-59420 2016-19967 NOTICES Meetings: Electricity Advisory Committee, 59203-59205 2016-20618 Environmental Management Site-Specific Advisory Board, Hanford, 59203 2016-20619
Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: New Hampshire; Approval of Single Source Orders, 59139-59141 2016-20538 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills, 59276-59330 2016-17700 Standards of Performance for Municipal Solid Waste Landfills, 59332-59384 2016-17687 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: New Hampshire; Approval of Single Source Orders, 59165 2016-20539 Pesticide Petitions: Residues of Pesticide Chemicals in or on Various Commodities, 59165-59167 2016-20653 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Anaerobic Digestion Facilities Processing Wasted Food to Support EPA's Sustainable Food Management Programs, 59216-59217 2016-20608 Control of Evaporative Emissions from New and In-Use Portable Gasoline Containers, 59223-59224 2016-20617 Emission Guidelines for Commercial and Industrial Solid Waste Incineration Units, 59222-59223 2016-20594 NESHAP for Commercial Ethylene Oxide Sterilization and Fumigation Operations, 59215-59216 2016-20601 NESHAP for Iron and Steel Foundries, 59220 2016-20607 NESHAP for Organic Liquids Distribution (Non-Gasoline) Facilities, 59223 2016-20595 NESHAP for Site Remediation, 59218-59219 2016-20596 NSPS for Commercial and Industrial Solid Waste Incineration Units, 59219-59220 2016-20593 NSPS for Incinerators, 59221-59222 2016-20600 RadNet, 59217-59218 2016-20599 School Integrated Pest Management Awards Program, 59220-59221 2016-20616 Submission of Protocols and Study Reports for Environmental Research Involving Human Subjects, 59224-59225 2016-20605 Tolerance Petitions for Pesticides on Food or Feed Crops and New Food Use Inert Ingredients, 59215 2016-20598 Proposed Settlements under CERCLA: Newstead Superfund Site, Newstead, Erie County, NY, 59218 2016-20657 Federal Aviation Federal Aviation Administration RULES Operation and Certification of Small Unmanned Aircraft Systems: Approval of Information Collections, 59129 2016-20687 Federal Communications Federal Communications Commission RULES Collocation Agreement Amendments, 59146-59153 2016-20427 NOTICES Meetings: Task Force on Optimal Public Safety Answering Point Architecture, 59225-59226 2016-20651 Federal Deposit Federal Deposit Insurance Corporation NOTICES Updated Listings of Financial Institutions in Liquidation, 59226 2016-20666 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 59205-59207, 59211 2016-20622 2016-20634 2016-20635 Environmental Assessments; Availability, etc.: Tennessee Gas Transmission, LLC: Orion Project, 59208-59209 2016-20623 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Boulder Solar II, LLC, 59206 2016-20625 Emera Energy Services Subsidiary No. 11, LLC, 59210 2016-20626 Emera Energy Services Subsidiary No. 12, LLC, 59205-59206 2016-20627 Emera Energy Services Subsidiary No. 13, LLC, 59211 2016-20628 Emera Energy Services Subsidiary No. 14, LLC, 59212 2016-20629 Emera Energy Services Subsidiary No. 15, LLC, 59207-59208 2016-20630 NextEra Blythe Solar Energy Center, LLC, 59210-59211 2016-20624 Oregon Clean Energy, LLC, 59206 2016-20631 Petitions For Declaratory Orders: Southern Maryland Electric Coop., Inc.; Choptank Electric Coop., Inc., 59210 2016-20632 Records Governing Off-the-Record Communications, 59209-59210 2016-20633 Federal Maritime Federal Maritime Commission RULES Update of Existing and Addition of New User Fees, 59141-59145 2016-20647 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Vision, 59266-59268 2016-20494 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 59226 2016-20652 Fish Fish and Wildlife Service NOTICES Applications: Draft Safe Harbor Agreement Amendment and Enhancement of Survival Permit for the Phoenix Reach of the Rio Salado Environmental Restoration Project, 59238-59239 2016-20671 Endangered Species Permit Applications, 59239-59241 2016-20553 Environmental Assessments; Availability, etc.: Draft Safe Harbor Agreement, Austin, Bastrop, Burleson, Colorado, Lavaca, Lee, Leon, Milam, and Robertson Counties, TX, 59241-59243 2016-20714 Food and Drug Food and Drug Administration RULES Food Labeling: Technical Amendments, 59129-59131 2016-19925 New Animal Drugs: Approval of New Animal Drug Applications; Withdrawal of Approval of New Animal Drug Applications; Changes of Sponsorship; Change of Sponsor's Name and Address; Change of Sponsor's Address, 59131-59135 2016-19914 Withdrawal of Approval of a New Animal Drug Application, 59135-59136 2016-19915 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Special Supplemental Nutrition Program for Women, Infants and Children Loving Support Award of Excellence, 59179-59180 2016-20555 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 59270 2016-20583 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Limitations on Pass-Through Charges, 59226-59227 2016-20586 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Children and Families Administration

See

Food and Drug Administration

See

Health Resources and Services Administration

See

National Institutes of Health

Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Health Service Corps Loan Repayment Program, 59229-59230 2016-20584 Homeland Homeland Security Department See

Coast Guard

See

U.S. Customs and Border Protection

NOTICES Meetings: National Infrastructure Advisory Council, 59234-59235 2016-20561
Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Housing Counseling Federal Advisory Committee Membership Application, 59237-59238 2016-20697 Multifamily Mortgagee's Application for Insurance Benefits, 59237 2016-20698 Privacy Act; Systems of Records, 59235-59237 2016-20695 Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59181-59183 2016-20579 Interior Interior Department See

Fish and Wildlife Service

See

Land Management Bureau

See

National Park Service

See

Reclamation Bureau

International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, the People's Republic of China, and Taiwan, 59185 2016-20694 Trade Missions: Healthcare Business Development Mission to China; Correction, 59183-59184 2016-20526 Subsea and Onshore Technology Trade Mission to Brazil; Cancellation, 59184-59185 2016-20615 International Trade Com International Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Aluminum; Competitive Conditions Affecting the U.S. Industry, 59246 2016-20567 Justice Department Justice Department NOTICES Meetings: Chief Freedom of Information Act Officer Council, 59246-59247 2016-20612 Labor Department Labor Department See

Labor Statistics Bureau

Labor Statistics Labor Statistics Bureau NOTICES Charter Renewals: Data Users Advisory Committee, 59247 2016-20640 Land Land Management Bureau NOTICES Meetings: Twin Falls District Resource Advisory Council, Idaho, 59243 2016-20719 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Limitations on Pass-Through Charges, 59226-59227 2016-20586 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59247-59248 2016-20649 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Contractor Profile, 59248 2016-20650 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Inconsequential Noncompliance: Graco Children's Products, Inc., 59268-59270 2016-20560 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 59230-59231 2016-20556 National Human Genome Research Institute, 59230 2016-20558 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Atlantic Bluefin Tuna Fisheries, 59153-59156 2016-20768 PROPOSED RULES Atlantic Highly Migratory Species: 2017 Atlantic Shark Commercial Fishing Season, 59167-59177 2016-20505 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Implementation of Vessel Speed Restrictions to Reduce the Threat of Ship Collisions with North Atlantic Right Whales, 59185-59186 2016-20661 Environmental Impact Statements; Availability, etc.: Final Restoration Plan for the Kalamazoo River Natural Resource Damage Assessment on Allied Paper, Inc., Portage Creek, Kalamazoo River Superfund Site, 59190-59192 2016-20723 Meetings: Advisory Committee for the Sustained National Climate Assessment, 59196-59197 2016-20705 Mid-Atlantic Fishery Management Council, 59195-59196 2016-20690 2016-20692 New England Fishery Management Council, 59189-59190, 59194-59195 2016-20644 2016-20688 2016-20689 Ocean Exploration Advisory Board, 59194 2016-20708 Pacific Fishery Management Council, 59192-59194 2016-20646 South Atlantic Fishery Management Council, 59186-59189 2016-20643 Permits: Marine Mammals; File No. 20341, 59196 2016-20614 Marine Mammals; File Nos. 19315 and 19674, 59192 2016-20597 Marine Mammals; File Nos. 19669 and 20532, 59190 2016-20613 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Interagency Access Pass and Senior Pass Application Processes, 59243-59244 2016-20602 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 59249 2016-20761 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear Material, 59250-59251 2016-20564 Request for Access Authorization, 59249-59250 2016-20563 Request for Visit, 59251 2016-20562 Patent Patent and Trademark Office NOTICES Meetings: Cooperative Patent Classification Meeting with Industry Users, 59200 2016-20700 Roundtable Event on Leveraging Electronic Resources to Retrieve Information from Applicant's Other Applications and Streamline Patent Issuance, 59197-59199 2016-20703 Presidential Documents Presidential Documents PROCLAMATIONS Katahdin Woods and Waters National Monument; Establishment (Proc. 9476), 59121-59128 2016-20786 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59251-59253 2016-20675 Reclamation Reclamation Bureau NOTICES Prize Competitions; Requirements and Registrations: Preventing Rodent Burrows in Earthen Embankments, 59244-59246 2016-20497 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59253, 59260-59261 2016-20568 2016-20569 2016-20570 Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 59253, 59256-59257 2016-20571 2016-20574 2016-20576 NASDAQ Stock Market, LLC, 59253-59259 2016-20573 2016-20577 New York Stock Exchange, LLC, 59259-59260 2016-20572 Small Business Small Business Administration NOTICES Disaster Declarations: West Virginia, 59261 2016-20665 Small Business Investment Company License Surrenders, 59261 2016-20664 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59261-59263 2016-20559 Southeastern Southeastern Power Administration NOTICES Rate Orders, 59212-59214 2016-20620 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for a U.S. Passport: Corrections, Name Change Within 1 Year of Passport Issuance, And Limited Passport Holders, 59264-59265 2016-20682 Technology Security/Clearance Plans, Screening Records, and Non-Disclosure Agreements, 59263-59264 2016-20674 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Union Pacific Railroad Co. in Pima County, AZ, 59265-59266 2016-20645 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Motor Carrier Safety Administration

See

National Highway Traffic Safety Administration

Treasury Treasury Department See

Foreign Assets Control Office

PROPOSED RULES Toxic Substance Control Act Chemical Substance Import Certification Process Revisions, 59157-59162 2016-20546 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59270-59271 2016-20669
Customs U.S. Customs and Border Protection PROPOSED RULES Toxic Substance Control Act Chemical Substance Import Certification Process Revisions, 59157-59162 2016-20546 NOTICES Commercial Gaugers; Accreditations and Approvals: Inspectorate America Corp., 59233-59234 2016-20701 Veteran Affairs Veterans Affairs Department RULES Loan Guaranty: Delegation of Authority, 59137-59139 2016-20499 NOTICES Privacy Act; Systems of Records, 59271-59273 2016-20606 Separate Parts In This Issue Part II Environmental Protection Agency, 59276-59330 2016-17700 Part III Environmental Protection Agency, 59332-59384 2016-17687 Part IV Energy Department, 59386-59420 2016-19967 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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81 167 Monday, August 29, 2016 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 11 [Docket No. FAA-2016-9064; Amdt. No. 11-61] RIN 2120-AJ60 Approval of Information Collections for Operation and Certification of Small Unmanned Aircraft Systems AGENCY:

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

ACTION:

Final rule.

SUMMARY:

On June 28, 2016, the FAA published a final rule entitled Operation and Certification of Small Unmanned Aircraft Systems (81 FR 42063) which will result in new information collection requirements. This rule updates the FAA's list of OMB control numbers to display the control numbers associated with the approved information collection activities in the final rule.

DATES:

Effective August 29, 2016.

FOR FURTHER INFORMATION CONTACT:

Everette Rochon, Manager, Commercial Operations Branch, AFS-820, Flight Standards Service, Federal Aviation Administration, 55 M Street SE., 8th Floor, Washington, DC 20003; telephone 1-844-FLY-MYUAS; email [email protected]

SUPPLEMENTARY INFORMATION: Background

On June 28, 2016, the FAA and the Office of the Secretary of Transportation published a final rule entitled Operation and Certification of Small Unmanned Aircraft Systems. The rule adds a new part 107 to Title 14 Code of Federal Regulations (14 CFR) to allow for routine civil operation of small unmanned aircraft systems (UAS) in the NAS and to provide safety rules for those operations. The final rule resulted in new and revised information collection requirements.

As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), the FAA submitted these information collection amendments to OMB for its review. On August 12 and 15, 2016, OMB approved the information collection requests. The pertinent OMB control numbers are 2120-0005, 2120-0021, 2120-0027, 2120-0767, and 2120-0768.

Updating OMB Control Numbers in Part 11

The FAA lists OMB control numbers assigned to its information collection activities in 14 CFR 11.201(b). Accordingly, this final rule updates 14 CFR 11.201(b) to display OMB control numbers 2120-0005, 2120-0021, 2120-0027, 2120-0767, and 2120-0768 associated with the information collection activities in the final rule, Operation and Certification of Small Unmanned Aircraft Systems. See 81 FR 42063. This final rule also removes from 14 CFR 11.201(b) the OMB control numbers for 14 CFR parts 108 and 109, as those parts were removed by a joint FAA and Transportation Security Administration final rule, Civil Aviation Security Rules, published on February 22, 2002. See 67 FR 8340.

Because this rule concerns agency organization, procedure or practice, the FAA finds that the notice and public procedures under 5 U.S.C. 553(b)(3)(A) are unnecessary. For the same reason, the FAA finds good cause exists under 5 U.S.C. 553(d)(3) to make the amendment effective in less than 30 days.

List of Subjects in 14 CFR Part 11

Administrative practice and procedure, Reporting and recordkeeping requirements.

The Amendment

In consideration of the foregoing the Federal Aviation Administration amends Chapter I of Title 14 Code of Federal Regulations as follows:

PART 11—GENERAL RULEMAKING PROCEDURES 1. The authority citation for part 11 continues to read as follows: Authority:

49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40109, 40113, 44110, 44502, 44701-44702, 44711, and 46102.

2. In § 11.201(b), revise the entry for part 107 and remove the entries for parts 108 and 109 to read as follows:
§ 11.201 Office of Management and Budget (OMB) control numbers assigned under the Paperwork Reduction Act.

(b) * * *

14 CFR part or
  • section identified
  • and described
  • Current OMB
  • control No.
  • *    *    *    *    * Part 107 2120-0005, 2120-0021, 2120-0027, 2120-0767, 2120-0768. *    *    *    *    *
    Issued in Washington, DC, under the authority provided by 49 U.S.C. 106(f) and 44701(a) on August 24, 2016. Lirio Liu, Director, Office of Rulemaking.
    [FR Doc. 2016-20687 Filed 8-26-16; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 1, 100, 101, and 104 [Docket No. FDA-2016-N-0011] Food Labeling; Technical Amendments AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Final rule; technical amendments.

    SUMMARY:

    The Food and Drug Administration (FDA or we) is amending the food labeling regulations by redesignating a provision, updating any references to that provision to reflect the redesignation, and revising the section heading. The rule does not alter the content or application of the redesignated provision in any substantive manner. This action is editorial in nature and is intended to provide clarity and consistency to our regulations.

    DATES:

    This rule is effective August 29, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Carole Adler, Center for Food Safety and Applied Nutrition (HFS-820), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-2371.

    SUPPLEMENTARY INFORMATION:

    I. Background

    The Fair Packaging and Labeling Act (FPLA) (15 U.S.C. 1451 et seq.) requires certain consumer commodities sold in interstate commerce to be honestly and informatively labeled to facilitate value comparisons and enable consumers to make informed choices. FDA administers and enforces the FPLA with respect to drugs, cosmetics, medical devices, and certain foods. Pursuant to our authority under FPLA, FDA issued certain food labeling regulations, including specifications regarding the statement of identity and the net quantity of contents statement, which must be present on the labels of most packaged foods. Our regulations affecting the declaration of a food product's net quantity of contents are currently located in § 101.105 (21 CFR 101.105). Section 101.105 specifies how the net quantity of contents must be expressed on the package, including the required units of measurement, wording, typeface, and size to be used in the declaration, as well as the location of the declaration on the label or package. Currently, § 101.105 requires that the units of measurement be expressed using the most appropriate units of the customary inch/pound (avoirdupois) system carried out to not more than two decimal places, as applicable.

    In the Federal Register of May 21, 1993 (58 FR 29716), we proposed to amend our food labeling regulations to require that the net quantity of contents declaration be expressed using the most appropriate units of both imperial units (inches/pounds) and the metric system (International System of Units (SI)). The rule also proposed to provide examples of the quantity of contents declaration, include the SI equivalents to the avoirdupois terms used in the regulation, provide a specific conversion chart for use in calculating the conversion between the two systems of measurement, include SI terminology, provide exemptions from SI labeling requirements, permit the expression of the net quantity of contents to be carried out up to three decimal places, and make the SI declaration of the net quantity of contents on random weight packages optional. Additionally, the rule proposed certain technical amendments, including redesignating § 101.105 as new § 101.7, revising the section heading to correct the title of the section, and making other editorial changes to the net quantity of contents regulations. In the Federal Register of April 22, 2003 (68 FR 19766), we announced our intent to withdraw the proposed rule, along with several other unrelated proposed actions that had been published more than 5 years before the withdrawal, but never finalized. The withdrawal was part of an overall regulatory reform initiative to reduce our regulatory backlog and focus our resources on higher priority regulations.

    Through this final rule, we are making some of the same technical amendments to the declaration of net contents provision that were proposed in 1993. However, we are not proposing at this time to reinstitute rulemaking proceedings concerning the remaining amendments proposed in 1993, such as those pertaining to the declaration of net quantity in SI units or those modifying the expression of net quantity in decimal fractions.

    II. Provisions of Technical Amendments

    We are making technical amendments in our regulations at parts 1, 100, 101, and 104 (21 CFR parts 1, 100, 101, and 104) to redesignate § 101.105 as new § 101.7, update references in other provisions to reflect this redesignation, and revise the section heading of the redesignated provision. Nothing in these technical amendments is to be construed as modifying the applicability of the current regulations affecting the declaration of net quantity of contents.

    A. Redesignation

    FDA is amending the food labeling provisions in § 101.105 by redesignating § 101.105 as new § 101.7. Section 101.105 is currently located in part 101, subpart G, which is entitled “Exemptions From Food Labeling Requirements.” However, § 101.105 contains no information pertaining to when a food is exempt from a declaration of the net quantity of contents. Instead, § 101.105 establishes general provisions for the declaration of the statement of net quantity of contents on the labels of most packaged foods. By redesignating § 101.105 as new § 101.7, we are moving the provision to subpart A, entitled “General Provisions.” Subpart A provides general food labeling regulations and is a more appropriate location for a provision regulating the declaration of net quantity of contents.

    B. Revising Section Heading

    We also are revising the section heading of new § 101.7 to read: “Declaration of net quantity of contents” instead of “Declaration of net quantity of contents when exempt.” The revised heading, by removing any reference to exemptions, is more reflective of the section's general provisions for the declaration of the statement of net quantity of contents on all food labels. The revised heading does not alter the substance of the provision.

    C. Revising References

    Several existing regulations refer to § 101.105. Therefore, because we are redesignating § 101.105 as a new § 101.7, we are making corresponding editorial changes to reflect the redesignation in parts 1, 100, 101, and 104. These corresponding changes replace any mention of § 101.105 with § 101.7.

    III. Notice and Public Comment

    Publication of this document constitutes final action of these changes under the Administrative Procedure Act (5 U.S.C. 553). FDA has determined that notice and public comment are unnecessary because these amendments are nonsubstantive and provide only technical changes to redesignate an existing regulation, make corresponding changes to other regulations to reflect the redesignated section number, and make an editorial change to the section heading. These technical amendments are being made to improve the accuracy of our regulations.

    List of Subjects 21 CFR Part 1

    Cosmetics, Drugs, Exports, Food labeling, Imports, Labeling, Reporting and recordkeeping requirements.

    21 CFR Part 100

    Administrative practice and procedure, Food labeling, Food packaging, Foods, Intergovernmental relations.

    21 CFR Part 101

    Food labeling, Nutrition, Reporting and recordkeeping requirements.

    21 CFR Part 104

    Food grades and standards, Frozen foods, Nutrition.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, the Food and Drug Administration amends 21 CFR parts 1, 100, 101, and 104 as follows:

    PART 1—GENERAL ENFORCEMENT REGULATIONS 1. The authority citation for part 1 continues to read as follows: Authority:

    15 U.S.C. 1333, 1453, 1454, 1455, 4402; 19 U.S.C. 1490, 1491; 21 U.S.C. 321, 331, 332, 333, 334, 335a, 342i, 343, 350c, 350d, 350e, 352, 355, 360b, 360ccc, 360ccc-1, 360ccc-2, 362, 371, 373, 374, 381, 382, 387, 387a, 387c, 393; 42 U.S.C. 216, 241, 243, 262, 264.

    § 1.1 [Amended]
    2. Amend § 1.1(c) as follows: a. Remove “101.105(f)” and add in its place “101.7(f)”. b. Remove “101.105(i)” and add in its place “101.7(i)”. c. Remove “101.105(j)” and add in its place “101.7(j)”. d. Remove “101.105(o)” and add in its place “101.7(o)”.
    § 1.20 [Amended]
    3. In § 1.20, by removing “§ 101.105(f)” and adding in its place “§ 101.7(f)”.
    § 1.24 [Amended]
    4. Amend § 1.24 as follows: a. Remove “§ 101.105” in paragraph (a)(2) and add in its place “§ 101.7”. b. Remove “§ 101.105(b)(2)” wherever it appears and add in its place “§ 101.7(b)(2)”. c. Remove “§ 101.105(f)” wherever it appears and add in its place “§ 101.7(f)”. d. Remove “§ 101.105(j)” wherever it appears and add in its place “§ 101.7(j)”. e. Remove “§ 101.105(j)(1)” wherever it appears and add in its place “§ 101.7(j)(1)”. PART 100—GENERAL 5. The authority citation for part 100 continues to read as follows: Authority:

    21 U.S.C. 321, 331, 337, 342, 343, 348, 371.

    § 100.155 [Amended]
    6. Amend § 100.155 in paragraphs (a) and (b) by removing “§ 101.105” and adding in its place “§ 101.7”. PART 101—FOOD LABELING 7. The authority citation for part 101 continues to read as follows: Authority:

    15 U.S.C. 1453, 1454, 1455; 21 U.S.C. 321, 331, 342, 343, 348, 371; 42 U.S.C. 243, 264, 271.

    § 101.2 [Amended]
    8. Amend § 101.2 in paragraph (c) introductory text by removing “§ 101.105(h)(1)” and adding in its place “§ 101.7(h)(1)”.
    § 101.105 [Redesignated as § 101.7]
    9. Redesignate § 101.105 as § 101.7. 10. Revise newly designated § 101.7 section heading to read as follows:
    § 101.7 Declaration of net quantity of contents.
    § 101.13 [Amended]
    11. Amend paragraphs (d)(2), (h)(4)(i), and (i)(2) by removing “§ 101.105(i)” and adding in its place “§ 101.7(i)”.
    § 101.30 [Amended]
    12. Amend § 101.30(g) by removing “§ 101.105(i)” and adding in its place “§ 101.7(i)”. PART 104—NUTRITIONAL QUALITY GUIDELINES FOR FOODS 13. The authority citation for part 104 continues to read as follows: Authority:

    21 U.S.C. 321, 343, 371(a).

    § 104.5 [Amended]
    14. Amend § 104.5(b) by removing “§ 101.105” and adding in its place “§ 101.7”. Dated: August 16, 2016. Jeremy Sharp, Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
    [FR Doc. 2016-19925 Filed 8-26-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 510, 520, 522, 524, and 558 [Docket No. FDA-2016-N-0002] New Animal Drugs; Approval of New Animal Drug Applications; Withdrawal of Approval of New Animal Drug Applications; Changes of Sponsorship; Change of Sponsor's Name and Address; Change of Sponsor's Address AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Final rule; technical amendment.

    SUMMARY:

    The Food and Drug Administration (FDA or we) is amending the animal drug regulations to reflect application-related actions for new animal drug applications (NADAs) and abbreviated new animal drug applications (ANADAs) during May and June 2016. FDA is also informing the public of the availability of summaries of the basis of approval and of environmental review documents, where applicable. The animal drug regulations are also being amended to reflect changes of sponsorship of applications, changes of sponsors' names and addresses, and the voluntary withdrawals of approval of applications.

    DATES:

    This rule is effective August 29, 2016, except for the amendments to 21 CFR 558.274, 58.355, 58.363, 58.550, 558.625, and 558.630, which are effective September 8, 2016.

    FOR FURTHER INFORMATION CONTACT:

    George K. Haibel, Center for Veterinary Medicine (HFV-6), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-402-5689, [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Approval Actions

    FDA is amending the animal drug regulations to reflect approval actions for NADAs and ANADAs during May and June 2016, as listed in table 1. In addition, FDA is informing the public of the availability, where applicable, of documentation of environmental review required under the National Environmental Policy Act (NEPA) and, for actions requiring review of safety or effectiveness data, summaries of the basis of approval (FOI Summaries) under the Freedom of Information Act (FOIA). These public documents may be seen in the Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. Persons with access to the Internet may obtain these documents at the CVM FOIA Electronic Reading Room: http://www.fda.gov/AboutFDA/CentersOffices/OfficeofFoods/CVM/CVMFOIAElectronicReadingRoom/default.htm. Marketing exclusivity and patent information may be accessed in FDA's publication, Approved Animal Drug Products Online (Green Book) at: http://www.fda.gov/AnimalVeterinary/Products/ApprovedAnimalDrugProducts/default.htm.

    Table 1—Original and Supplemental NADAs and ANADAs Approved During May and June 2016 Approval date File No. Sponsor Product name Species Indications for use/effect
  • of the action
  • Public
  • documents
  • May 2, 2016 141-439 Elanco Animal Health, A Division of Eli Lilly & Co., Lilly Corporate Center, Indianapolis, IN 46285 INTEPRITY (avilamycin) Type A medicated article Chickens Original approval for the prevention of mortality caused by necrotic enteritis associated with Clostridium perfringens in broiler chickens FOI Summary, EA/FONSI.1 May 16, 2016 141-457 Aratana Therapeutics, Inc., 11400 Tomahawk Creek Pkwy., Leawood, KS 66211 ENTYCE (capromorelin oral solution) Dogs Original approval for appetite stimulation in dogs FOI Summary. May 17, 2016 141-463 Elanco US, Inc., 2500 Innovation Way, Greenfield, IN 46140 ONSIOR (robenacoxib) Tablets for Dogs Dogs Original approval for the control of postoperative pain and inflammation associated with soft tissue surgery in dogs FOI Summary. May 17, 2016 200-536 Med-Pharmex, Inc., 2727 Thompson Creek Rd., Pomona, CA 91767-1861 MOMETAVET (gentamicin sulfate, USP; mometasone furoate anhydrous, USP; and clotrimazole, USP) Otic Suspension Dogs Original approval of a generic copy of NADA 141-177 FOI Summary. May 24, 2016 200-596 Huvepharma EOOD, 5th Floor, 3A Nikolay Haytov Str., 1113 Sophia, Bulgaria TILMOVET 90 (tilmicosin phosphate) and RUMENSIN 90 (monensin) Type A medicated articles Cattle Original approval for use in two-way, combination drug Type B and Type C medicated feeds for cattle fed in confinement for slaughter FOI Summary. June 20, 2016 200-587 Cross Vetpharm Group Ltd. Broomhill Rd., Tallaght, Dublin 24, Ireland FERROFORTE (gleptoferron injection) Piglets Original approval as a generic copy of NADA 110-399 FOI Summary. 1 The Agency has carefully considered an environmental assessment (EA) of the potential environmental impact of this action and has made a finding of no significant impact (FONSI).
    II. Changes of Sponsorship

    Bayer HealthCare LLC, Animal Health Division, P.O. Box 390, Shawnee, Mission, KS 66201 has informed FDA that it has transferred ownership of, and all rights and interest in, the following approved applications to Huvepharma EOOD, 5th Floor, 3A Nikolay Haitov Str., 1113 Sofia, Bulgaria:

    File No. Product name 21 CFR
  • section
  • 200-228 PHOENECTIN (ivermectin) Injectable Solution 522.1192 200-254 Iron Dextran Injection, 100 mg/mL 522.1182 200-256 Iron Dextran Injection, 200 mg/mL 522.1182 200-351 Lincomycin Injectable, USP 522.1260 200-389 Amprolium 9.6% Oral Solution 520.100

    As provided in the regulatory text of this document, the animal drug regulations are amended to reflect these changes of sponsorship.

    III. Withdrawals of Approval

    In addition, during May and June 2016, Elanco US, Inc., 2500 Innovation Way, Greenfield, IN 46140 requested that FDA withdraw approval of the NADAs listed in the following table because the products are no longer manufactured or marketed:

    File No. Product name 21 CFR
  • section
  • 012-548 1 TYLOSIN (tylosin phosphate)/HYGROMIX (hygromycin B) 558.274 013-162 1 TYLAN TM (tylosin phosphate) Type A medicated article 558.625 013-388 1 TYLAN (tylosin phosphate)/HYGROMIX (hygromycin B) Premix 558.274 015-166 1 TYLAN TM (tylosin phosphate) Type A medicated article 558.625 127-507 1 TYLAN 5, 10, 20, or 40 SULFA-G (tylosin phosphate and sulfamethazine) 558.630 141-164 1 TYLAN (tylosin phosphate)/COBAN (monensin) 558.355 141-170 1 TYLAN (tylosin phosphate)/MONTEBAN (narasin) 558.363 141-198 1 TYLAN TM (tylosin phosphate)/BIO-COX (salinomycin) 558.550 1 These NADAs were identified as being affected by guidance for industry #213, “New Animal Drugs and New Animal Drug Combination Products Administered in or on Medicated Feed or Drinking Water of Food-Producing Animals: Recommendations for Drug Sponsors for Voluntarily Aligning Product Use Conditions with GFI #209,” December 2013.

    Elsewhere in this issue of the Federal Register, FDA gave notice that approval of NADAs 012-548, 013-162, 013-388, 015-166, 127-507, 141-640, 141-170, and 141-198, and all supplements and amendments thereto, is withdrawn, effective September 8, 2016. As provided in the regulatory text of this document, the animal drug regulations are amended to reflect these voluntary withdrawals of approval.

    IV. Technical Amendments

    FDA has noticed that a drug labeler code in 21 CFR 520.2325a does not accurately reflect the sponsorship of a new animal drug application. At this time, we are amending this section. This action is being taken to improve the accuracy of the regulations.

    Also, ConAgra Pet Products Co., 3902 Leavenworth St., Omaha, NE 68105 has informed FDA that it is changing its name and address to Sergeant's Pet Care Products, Inc., 10077 S. 134th St., Omaha, NE 68138.

    Alexion Pharmaceuticals, Inc., 33 Hayden Ave., Lexington, MA 02421 has informed FDA that it has changed its address to 100 College St., New Haven, CT 06510. At this time, this firm is being added to the list of sponsors of approved application in 21 CFR 510.600(c) which we had not done previously.

    FDA has noticed that the maximum concentration of sulfadimethoxine with ormetoprim in 2-way, fixed-ratio combination drug Type B medicated feeds in 21 CFR 558.4 was amended in error. At this time, we are revising this section to provide for appropriate concentrations in Type B medicated feeds for salmonids and catfish. This action is being taken to improve the accuracy of the regulations.

    This rule does not meet the definition of “rule” in 5 U.S.C. 804(3)(A) because it is a rule of “particular applicability.” Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801-808.

    List of Subjects 21 CFR Part 510

    Administrative practice and procedure, Animal drugs, Labeling, Reporting and recordkeeping requirements.

    21 CFR Parts 520, 522, and 524

    Animal drugs.

    21 CFR Part 558

    Animal drugs, Animal feeds.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR parts 510, 520, 522, 524, and 558 are amended as follows:

    PART 510—NEW ANIMAL DRUGS 1. The authority citation for part 510 continues to read as follows: Authority:

    21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e.

    2. In § 510.600, in the table in paragraph (c)(1), alphabetically add an entry for “Alexion Pharmaceuticals, Inc.”, remove the entry for “ConAgra Pet Products Co.”, and alphabetically add an entry for “Sergeant's Pet Care Products, Inc.”; and in the table in paragraph (c)(2), revise the entry for “021091” and numerically add an entry for “069334”.

    The additions and revisions read as follows:

    § 510.600 Names, addresses, and drug labeler codes of sponsors of approved applications.

    (c) * * *

    (1) * * *

    Firm name and address Drug labeler code *         *         *         *         *         *         * Alexion Pharmaceuticals, Inc., 100 College St., New Haven, CT 06510 069334 *         *         *         *         *         *         * Sergeant's Pet Care Products, Inc., 10077 S. 134th St., Omaha, NE 68138 021091 *         *         *         *         *         *         *

    (2) * * *

    Drug labeler code Firm name and address *         *         *         *         *         *         * 021091 Sergeant's Pet Care Products, Inc., 10077 S. 134th St., Omaha, NE 68138. *         *         *         *         *         *         * 069334 Alexion Pharmaceuticals, Inc., 100 College St., New Haven, CT 06510. *         *         *         *         *         *         *
    PART 520—ORAL DOSAGE FORM NEW ANIMAL DRUGS 3. The authority citation for part 520 continues to read as follows: Authority:

    21 U.S.C. 360b.

    § 520.100 [Amended]
    4. In § 520.100, remove paragraphs (b)(3) and (4).
    §§ 520.300, 520.300a, 520.300b, and 520.300c [Redesignated as §§ 520.284, 520.284a, 520.284b, and 520.284c.]
    5. Redesignate §§ 520.300, 520.300a, 520.300b, and 520.300c as §§ 520.284, 520.284a, 520.284b, and 520.284c. 6. Add § 520.292 to read as follows:
    § 520.292 Capromorelin.

    (a) Specifications. Each milliliter of solution contains 30 milligrams (mg) capromorelin.

    (b) Sponsor. See No. 086026 in § 510.600(c) of this chapter.

    (c) Conditions of use in dogs—(1) Amount. Administer 3 mg/kg once daily by mouth.

    (2) Indications for use. For appetite stimulation in dogs.

    (3) Limitations. Federal law restricts this drug to use by or on the order of a licensed veterinarian.

    7. In § 520.2075, revise paragraphs (a) and (c) to read as follows:
    § 520.2075 Robenacoxib.

    (a) Specifications. Each tablet contains 10, 20, or 40 milligrams (mg) robenacoxib for use in dogs, or 6 mg robenacoxib for use in cats.

    (c) Conditions of use—(1) Dogs—(i) Amount. Administer 0.91 mg/lb (2 mg/kg) orally, once daily, for a maximum of 3 days.

    (ii) Indications for use. For the control of postoperative pain and inflammation associated with soft tissue surgery in dogs weighing at least 5.5 lb (2.5 kg) and at least 4 months of age for a maximum of 3 days.

    (iii) Limitations. Federal law restricts this drug to use by or on the order of a licensed veterinarian.

    (2) Cats—(i) Amount. Administer 0.45 mg/lb (1 mg/kg) orally, once daily, for a maximum of 3 days.

    (ii) Indications for use. For the control of postoperative pain and inflammation associated with orthopedic surgery, ovariohysterectomy, and castration in cats weighing at least 5.5 lb (2.5 kg) and at least 4 months of age for a maximum of 3 days.

    (iii) Limitations. Federal law restricts this drug to use by or on the order of a licensed veterinarian.

    § 520.2325a [Amended]
    8. In § 520.2325a, in paragraph (a)(3), remove “053501” and in its place add “054771”. PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS 9. The authority citation for part 522 continues to read as follows: Authority:

    21 U.S.C. 360b.

    10. Revise § 522.1055 to read as follows:
    § 522.1055 Gleptoferron.

    (a) Specifications. Each milliliter (mL) contains the equivalent of 200 milligrams of elemental iron as gleptoferron, a complex of ferric hydroxide and dextran glucoheptonic acid.

    (b) Sponsors. See Nos. 059120 and 061623 in § 510.600(c) of this chapter.

    (c) Conditions of use in swine—(1) Indications for use and amounts—(i) Prevention of anemia due to iron deficiency: Administer 1 mL (200 mg iron) per pig by intramuscular injection on or before 3 days of age.

    (ii) Treatment of anemia due to iron deficiency: Administer 1 mL (200 mg iron) per pig by intramuscular injection as soon as signs of deficiency appear.

    (2) [Reserved]

    § 522.1182 [Amended]
    11. In § 522.1182, in paragraph (b) introductory text, remove “baby pigs” and in its place add “young piglets”; in paragraph (b)(7) introductory text, remove “000859” and in its place add “016592”; and in paragraphs (b)(7)(i) and (ii), remove “baby pig”.
    § 522.1192 [Amended]
    12. In § 522.1192, in paragraph (b)(2), remove “000859” and in its place add “016592,”.
    § 522.1260 [Amended]
    13. In § 522.1260, in paragraph (b)(2), remove “000859” and in its place add “016592”. PART 524—OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS 14. The authority citation for part 524 continues to read as follows: Authority:

    21 U.S.C. 360b.

    15. In § 524.1044h, revise paragraphs (a) and (b) to read as follows:
    § 524.1044h Gentamicin, mometasone, and clotrimazole otic suspension.

    (a) Specifications. Each gram of suspension contains gentamicin sulfate, United States Pharmacopeia (USP) equivalent to 3 milligram (mg) gentamicin base, mometasone furoate monohydrate or mometasone furoate anhydrous, USP, equivalent to 1 mg mometasone, and 10 mg clotrimazole, USP.

    (b) Sponsors. See Nos. 000061 and 054925 in § 510.600(c) of this chapter.

    PART 558—NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS 16. The authority citation for part 558 continues to read as follows: Authority:

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

    § 558.4 [Amended]
    17. In § 558.4, in paragraph (d), in the “Category I” table, in the “Type B maximum (200 ×)” column, in the row entry for “Avilamycin”, remove “3.65 g/lb (0.8%)” and in its place add “7.3 g/lb (1.6%)”; and in the “Category II” table, remove the row entry for “Sulfadimethoxine” and two following row entries for “Ormetoprim”, and in their place add row entries for “Sulfadimethoxine” and “Ormetoprim”.

    The additions read as follows:

    § 558.4 Requirement of a medicated feed mill license.

    (d) * * *

    Category II Drug Assay limits
  • percent 1
  • Type A
  • Type B maximum
  • (100 ×)
  • Assay limits
  • percent
  • Type B/C
  • *         *         *         *         *         *         * Sulfadimethoxine 90-110 Poultry: 5.675 g/lb
  • Fish: 85.1 g/lb
  • 80-115/75-125
    Ormetoprim 90-110 Poultry: 3.405 g/lb
  • Fish: 17.0 g/lb
  • 80-115
    *         *         *         *         *         *         *
    18. In § 558.68, revise paragraphs (a) and (e) to read as follows:
    § 558.68 Avilamycin.

    (a) Each pound of Type A medicated article contains 45.4 or 90.7 grams of avilamycin.

    (e) Conditions of use. Administer in feed as follows:

    (1) Chickens

    Avilamycin in
  • grams/ton
  • Combination in grams/ton Indications for use Limitations Sponsor
    (i) 13.6 to 40.9 Broiler chickens: For the prevention of mortality caused by necrotic enteritis associated with Clostridium perfringens in broiler chickens Feed as the sole ration for 21 consecutive days. To assure responsible antimicrobial drug use in broiler chickens, treatment administration must begin on or before 10 days of age 000986 (ii) [Reserved]

    (2) Swine

    Avilamycin in
  • grams/ton
  • Combinationin grams/ton Indications for use Limitations Sponsor
    (i) 73 Weaned pigs less than 14 weeks of age: For the reduction in incidence and overall severity of diarrhea in the presence of pathogenic Escherichia coli in groups of weaned pigs Feed as the sole ration for 21 consecutive days. To assure responsible antimicrobial drug use in pigs, do not administer to pigs 14 weeks of age or older 000986 (ii) [Reserved]
    § 558.274 [Amended]
    19. Effective September 8, 2016, in § 558.274, remove and reserve paragraphs (c)(1)(ii) and (c)(2)(ii). 20. Effective September 8, 2016, in § 558.355, remove and reserve paragraph (f)(1)(xxviii) and revise paragraphs (f)(8)(i) and (ii).

    The revisions read as follows:

    § 558.355 Monensin.

    (f) * * *

    (8) * * *

    (i) Decoquinate alone and in combination as in § 558.195.

    (ii) Melengestrol acetate alone and in combination as in § 558.342.

    § 558.363 [Amended]
    21. Effective September 8, 2016, in § 558.363, remove and reserve paragraph (d)(1)(vi).
    § 558.550 [Amended]
    22. Effective September 8, 2016, in § 558.550, remove and reserve paragraph (d)(1)(xxii).
    § 558.618 [Amended]
    23. In § 558.618, in paragraphs (e)(2)(ii) and (iii): a. In the “Limitations” column, add “Tilmicosin as provided by Nos. 000986 or 016952; monensin as provided by No. 000986 in § 510.600(c) of this chapter.” to the end of the existing entries; and b. In the “Sponsor” column, numerically add “016952”.
    24. Effective September 8, 2016, in § 558.625, revise paragraphs (b)(1), (f)(2)(i), (f)(2)(iii), and (f)(2)(vii) and remove paragraphs (f)(2)(viii) and (ix).

    The revisions read as follows:

    § 558.625 Tylosin.

    (b) * * *

    (1) No. 000986: 40 and 100 grams per pound for use as in paragraph (f) of this section.

    (f) * * *

    (2) * * *

    (i) Decoquinate alone and in combination as in § 558.195.

    (iii) Melengestrol acetate alone and in combination as in § 558.342.

    (vii) Zilpaterol alone and in combination as in § 558.665.

    25. Effective September 8, 2016, in § 558.630, revise paragraph (b)(1) to read as follows:
    § 558.630 Tylosin and sulfamethazine.

    (b) * * *

    (1) No. 000986: 40 and 100 grams per pound for use as in paragraph (e) of this section.

    Dated: August 8, 2016. Tracey H. Forfa, Deputy Director, Center for Veterinary Medicine.
    [FR Doc. 2016-19914 Filed 8-26-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 558 [Docket No. FDA-2016-N-0002] New Animal Drugs for Use in Animal Feed; Withdrawal of Approval of a New Animal Drug Application AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notification of withdrawal.

    SUMMARY:

    The Food and Drug Administration (FDA) is withdrawing approval of eight new animal drug applications (NADAs) at the sponsor's request because these products are no longer manufactured or marketed.

    DATES:

    Withdrawal of approval is effective September 8, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Sujaya Dessai, Center for Veterinary Medicine (HFV-212), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 240-402-5761, [email protected].

    SUPPLEMENTARY INFORMATION:

    Elanco Animal Health, A Division of Eli Lilly & Co., Lilly Corporate Center, Indianapolis, IN 46285 has requested that FDA withdraw approval of the NADAs listed in the following table because the products are no longer manufactured or marketed:

    File No. Product name 21 CFR
  • section
  • 012-548 1 TYLOSIN (tylosin phosphate)/HYGROMIX (hygromycin B) 558.274 013-162 1 TYLAN TM (tylosin phosphate) Type A medicated article 558.625 013-388 1 TYLAN (tylosin phosphate)/HYGROMIX (hygromycin B) Premix 558.274 015-166 1 TYLAN TM (tylosin phosphate) Type A medicated article 558.625 127-507 1 TYLAN 5 SULFA-G (tylosin phosphate and sulfamethazine), TYLAN 10 SULFA-G (tylosin phosphate and sulfamethazine), TYLAN 20 SULFA-G (tylosin phosphate and sulfamethazine), TYLAN 40 SULFA-G (tylosin phosphate and sulfamethazine) 558.630 141-164 1 TYLAN (tylosin phosphate)/COBAN (monensin) 558.355 141-170 1 TYLAN (tylosin phosphate)/MONTEBAN (narasin) 558.363 141-198 1 TYLAN TM (tylosin phosphate)/BIO-COX (salinomycin) 558.550 1 These NADAs were identified as being affected by guidance for industry #213, “New Animal Drugs and New Animal Drug Combination Products Administered in or on Medicated Feed or Drinking Water of Food-Producing Animals: Recommendations for Drug Sponsors for Voluntarily Aligning Product Use Conditions with GFI #209,” December 2013.

    Therefore, under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, and in accordance with § 514.116 Notice of withdrawal of approval of application (21 CFR 514.116), notice is given that approval of NADAs 012-548, 013-162, 013-388, 015-166, 127-507, 141-164, 141-170, and 141-198, and all supplements and amendments thereto, is hereby withdrawn, effective September 8, 2016.

    Elsewhere in this issue of the Federal Register, FDA is amending the animal drug regulations to reflect the voluntary withdrawal of approval of these applications.

    Dated: August 8, 2016. Tracey H. Forfa, Deputy Director, Center for Veterinary Medicine.
    [FR Doc. 2016-19915 Filed 8-26-16; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 97 and 160 [Docket No. USCG-2000-7080] RIN 1625-AA25 [formerly RIN 2115-AF97] Cargo Securing Manuals AGENCY:

    Coast Guard, DHS.

    ACTION:

    Correcting amendments.

    SUMMARY:

    The Coast Guard published an interim rule in the Federal Register on May 9, 2016, that prescribes when and how the loss or jettisoning of cargo at sea must be reported. That rule contained a typographical error that erroneously revised a force majeure regulation instead of a notice of hazardous conditions regulation. This document corrects that error.

    DATES:

    Effective August 29, 2016.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this rule, call or email Mr. Ken Smith, Office of Operating and Environmental Standards (CG-OES-2), Coast Guard; telephone 202-372-1413, email [email protected]

    SUPPLEMENTARY INFORMATION: Viewing Documents Associated With This Rule

    To view the interim rule published on May 9, 2016, or other documents in the docket for the Cargo Securing Manuals rulemaking, go to www.regulations.gov, type the docket number, USCG-2000-7080, in the “SEARCH” box and click “SEARCH.” Click on “Open Docket Folder” in the first item listed. Use the following link to go directly to the docket: www.regulations.gov/document?D=USCG-2000-7080-0040.

    Background

    In 2013 the Coast Guard proposed to revise 33 CFR 160.215, “Notice of hazardous conditions,” as part of its supplemental notice of proposed rulemaking regarding cargo securing manuals (78 FR 68784, November 15, 2013). In 2015, a different rulemaking, regarding notices of arrival, redesignated § 160.215 as § 160.216, and inserted a provision on force majeure in § 160.215 (80 FR 5281, January 30, 2015). In 2016, the Coast Guard published an interim rule on cargo securing manuals that implemented changes it had proposed in 2013, including the amendment of § 160.215 (81 FR 27992, May 9, 2016). Because the 2016 rule amended § 160.215 when it should have amended the redesignated section, § 160.216, the force majeure provision was unintentionally removed and part 160 contained two consecutive sections on notice of hazardous conditions. It was an error for the interim rule to revise § 160.215 and replace the force majeure provision. This rule corrects that error and a cross-reference in 33 CFR 97.115 to § 160.215.

    Need for Correction

    As discussed above, the interim rule published May 9, 2016, incorrectly replaced force majeure regulations in § 160.215, instead of amending notice of hazardous conditions regulations in § 160.216.

    List of Subjects 33 CFR Part 97

    Cargo stowage and securing, Cargo vessels, Hazardous materials, Incorporation by reference, Reporting and recordkeeping requirements.

    33 CFR Part 160

    Administrative practice and procedure, Harbors, Hazardous materials transportation, Marine safety, Navigation (water), Personally identifiable information, Reporting and recordkeeping requirements, Seamen, Vessels, Waterways.

    For the reasons stated in the preamble, 33 CFR parts 97 and 160 are amended as follows:

    PART 97—RULES FOR THE SAFE OPERATION OF VESSELS, STOWAGE AND SECURING OF CARGOES 1. The authority citation for part 97 continues to read as follows: Authority:

    46 U.S.C. 2103, 3306; E.O. 12234; Department of Homeland Security Delegation No. 0170.1(92)(a) and (b).

    § 97.115 [Amended]
    2. In § 97.115(a), remove “160.215”, and add, in its place, “160.216”. PART 160—PORTS AND WATERWAYS SAFETY—GENERAL 3. The authority citation for part 160 continues to read as follows: Authority:

    33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701; Department of Homeland Security Delegation No. 0170.1. Subpart C is also issued under the authority of 33 U.S.C. 1225 and 46 U.S.C. 3715.

    § 160.216 [Removed]
    4. Remove § 160.216.
    § 160.215 [Redesignated as § 160.216]
    5. Redesignate § 160.215 as § 160.216. 6. Add new § 160.215 to read as follows:
    § 160.215 Force majeure.

    When a vessel is bound for a port or place of the United States under force majeure, it must comply with the requirements in this section, but not other sections of this subpart. The vessel must report the following information to the nearest Captain of the Port as soon as practicable:

    (a) The vessel Master's intentions;

    (b) Any hazardous conditions as defined in § 160.202; and

    (c) If the vessel is carrying certain dangerous cargo or controlling a vessel carrying certain dangerous cargo, the amount and name of each CDC carried, including cargo UN number if applicable.

    Dated: August 24, 2016. J.G. Lantz, Director of Commercial Regulations and Standards.
    [FR Doc. 2016-20678 Filed 8-26-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2016-0768] Drawbridge Operation Regulation; Upper Mississippi River, Rock Island, IL AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of deviation from drawbridge regulation.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs the Rock Island Railroad and Highway Drawbridge across the Upper Mississippi River, mile 482.9, at Rock Island, Illinois. The deviation is necessary to allow the bridge owner time to facilitate repairs to the locking mechanisms on the rail deck of the bridge. This deviation allows the bridge to be maintained in the closed-to-navigation position for critical repairs that are essential to the continued safe operation of the drawbridge.

    DATES:

    This deviation is effective from 5 a.m. on September 14, 2016 to 5 a.m. on September 15, 2016.

    ADDRESSES:

    The docket for this deviation, USCG-2016-0768, is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary deviation, call or email Eric A. Washburn, Bridge Administrator, Western Rivers, Coast Guard; telephone (314) 269-2378, email [email protected]

    SUPPLEMENTARY INFORMATION:

    The U.S. Army Rock Island Arsenal requested a temporary deviation for the Rock Island Railroad and Highway Drawbridge, mile 482.9, at Rock Island, Illinois across the Upper Mississippi River. It has a vertical clearance of 23.8 feet above normal pool in the closed-to-navigation position. Navigation on the waterway consists primarily of commercial tows and recreational watercraft. The Rock Island Railroad and Highway Drawbridge currently operates in accordance with 33 CFR 117.5, which states the general requirement that drawbridges shall open promptly and fully for the passage of vessels when a request to open is given in accordance with the subpart.

    The deviation period is from 5 a.m. on September 14, 2016 to 5 a.m. on September 15, 2016 when the draw span will remain in the closed-to-navigation position. During this time the bridge owner will facilitate critical repairs to the locking mechanisms on the rail deck of the bridge that are essential to the continued safe operation of the drawbridge. The bridge will not be able to open for emergencies and there is no immediate alternate route for vessels to pass this section of the Upper Mississippi River. The Coast Guard will also inform the users of the waterway through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation.

    In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35.

    Dated: August 24, 2016. Eric A. Washburn, Bridge Administrator, Western Rivers.
    [FR Doc. 2016-20648 Filed 8-26-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 36 RIN 2900-AP77 Loan Guaranty: Delegation of Authority AGENCY:

    Department of Veterans Affairs.

    ACTION:

    Final rule.

    SUMMARY:

    This document amends the Department of Veterans Affairs (VA) loan guaranty regulations to correct an oversight in the delegation of authority to exercise the powers and functions of the Secretary with respect to the guaranty or insurance of loans and the rights and liabilities arising therefrom. This document also incorporates into regulatory form delegatory authority already granted certain VA loan guaranty officials to administer and manage properties acquired by VA.

    DATES:

    Effective Date: August 29, 2016.

    FOR FURTHER INFORMATION CONTACT:

    John Bell III, Assistant Director for Loan Policy and Valuation (262), Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, telephone (202) 632-8786. (This is not a toll-free telephone number.)

    SUPPLEMENTARY INFORMATION:

    VA is amending 38 CFR 36.4345(b)(1), Delegation of authority, to add Principal Under Secretary for Benefits and Deputy Under Secretary for Economic Opportunity to the list of VA employees who hold authority to exercise the powers and functions of the Secretary with respect to the guaranty or insurance of loans and the rights and liabilities arising therefrom. VA is also adding to the list Deputy Director, Loan Guaranty Service; Assistant Director, Loan Guaranty Service; and Realty Officer, Loan Guaranty Service.

    The positions of Principal Under Secretary for Benefits and Deputy Under Secretary for Economic Opportunity were not originally included in 38 CFR 36.4345(b)(1) because they did not exist at the time the regulation was promulgated. VA inadvertently omitted the delegatory authority to the positions of Deputy Director, Assistant Director, and Realty Officer Loan Guaranty Service. Accordingly, VA is amending this regulatory provision to add these positions to the list of VA employees to whom the authority to exercise the powers and functions of the Secretary with respect to the guaranty or insurance of loans and the rights and liabilities arising therefrom.

    VA is removing from 38 CFR 36.4345(b)(1) the positions of Director, Medical and Regional Office Center and Director, VA Regional Office and Insurance Center. Under VA's current administrative framework, the issues related to the guaranty and insurance of loans fall outside their subject matter jurisdiction.

    VA is further amending 38 CFR 36.4345 to add a new paragraph (b)(3), to delegate authority to the position of Supervisory Realty Specialist to act on behalf the Secretary to execute and deliver necessary and appropriate instruments in connection with the acquisition, ownership, management, sale, transfer, assignment, encumbrance, rental, or other disposition of real or personal property, or any right, title, or interest therein, for any purpose authorized by 38 U.S.C., chapter 37. The delegation of authority to Supervisory Realty Specialist was not originally regulated, but is instead found in a formal letter of delegation signed on July 25, 2013, by the Secretary.

    Finally, VA is amending the authority citation to include additional support for delegations of authority. In addition to 38 U.S.C. 3720, which was originally cited, VA is adding 38 U.S.C. 512, an express provision that authorizes further delegation by the Secretary.

    Administrative Procedure Act

    This final rule only includes amendments that are technical and nonsubstantive. There is nothing interpretive contained in these amendments. Accordingly, this rule exempts from the prior notice-and-comment and delayed-effective-date requirements of 5 U.S.C. 553.

    Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, and other advantages; distributive impacts; and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 12866 (Regulatory Planning and Review) defines a “significant regulatory action,” which requires review by OMB, as “any regulatory action 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 this Executive Order.”

    The economic, interagency, budgetary, legal, and policy implications of this regulatory action have been examined, and we have determined that this rule is not an economically significant regulatory action under Executive Order 12866.

    Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any one year. This final rule will have no such effect on State, local, and tribal governments, or on the private sector.

    Paperwork Reduction Act

    This final rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521).

    Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, applies only to rules for which an agency is required to publish a notice of proposed rulemaking pursuant to 5 U.S.C. 553(b) or any other law. 5 U.S.C. 603(a). The RFA does not apply to this rulemaking because VA has found good cause to publish this rule without notice and comment pursuant to 5 U.S.C. 553(b).

    Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number and title for the program affected by this document is 64.114, Veterans Housing—Guaranteed and Insured Loans.

    Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Gina S. Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, approved this document on August 22, 2016, for publication.

    Dated: August 22, 2016. Jeffrey Martin, Office Program Manager, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. List of Subjects in 38 CFR Part 36

    Condominiums, Housing, Individuals with disabilities, Loan programs-housing and community development, Loan programs-veterans, Manufactured homes, Mortgage insurance, Reporting and recordkeeping requirements, Veterans.

    For the reasons discussed in the preamble, the Department of Veterans Affairs amends 38 CFR part 36 as follows:

    PART 36—LOAN GUARANTY 1. The authority citation for part 36 is revised to read as follows: Authority:

    38 U.S.C. 501 and 3720.

    2. Amend § 36.4345 by revising paragraph (b)(1) and adding paragraph (b)(3) to read as follows:
    § 36.4345 Delegation of authority.

    (b)(1) Designated positions are as follows:

    (i) Under Secretary for Benefits.

    (ii) Principal Deputy Under Secretary for Benefits.

    (iii) Deputy Under Secretary for Economic Opportunity.

    (iv) Director, Loan Guaranty Service.

    (iv) Director, Regional Office.

    (v) Deputy Director, Loan Guaranty Service.

    (vi) Assistant Director, Loan Guaranty Service.

    (vii) Loan Guaranty Officer.

    (viii) Assistant Loan Guaranty Officer.

    (ix) Realty Officer, Loan Guaranty Service.

    (3) An employee of the Department of Veterans Affairs heretofore or hereafter appointed to, or lawfully filling, the position of Supervisory Realty Specialist is hereby delegated authority to act on behalf the Secretary to execute and deliver necessary and appropriate instruments in connection with the acquisition, ownership, management, sale, transfer, assignment, encumbrance, rental, or other disposition of real or personal property, or any right, title, or interest therein, for any purpose authorized by 38 U.S.C., chapter 37.

    [FR Doc. 2016-20499 Filed 8-26-16; 8:45 am] BILLING CODE 8320-01-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2013-0260; A-1-FRL-9951-46-Region 1] Air Plan Approval; New Hampshire; Approval of Single Source Orders AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of New Hampshire. The revisions consist of single source orders that establish reasonably available control technology for three sources of volatile organic compounds. This action is being taken in accordance with the Clean Air Act.

    DATES:

    This direct final rule will be effective October 28, 2016, unless EPA receives adverse comments by September 28, 2016. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R01-OAR-2013-0260 at http://www.regulations.gov, or via email to Anne Arnold at: [email protected] For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, 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, please contact the person identified in the For Further Information Contact section. For 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.

    FOR FURTHER INFORMATION CONTACT:

    Bob McConnell, Environmental Engineer, Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts 02109-3912; (617) 918-1046; [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA.

    Organization of this document. The following outline is provided to aid in locating information in this preamble.

    I. Background and Purpose II. Description and Evaluation of the State's Submittals 1. Order for Parker-Hannifin Corporation 2. Order for Textile Tapes Corporation 3. Order for Watts Regulator Corporation III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background and Purpose

    The New Hampshire Department of Environmental Services (NH DES) submitted to EPA the following three single source orders establishing reasonably available control technology (RACT) for sources of volatile organic compounds (VOCs) for incorporation into the New Hampshire SIP: RACT Order ARD-03-001A, issued to Parker-Hannifin Corporation, Chomerics Division, located in Hudson, New Hampshire, submitted to EPA on October 31, 2014; RACT Order ARD-96-001, issued to Textile Tapes Corporation located in Gonic, New Hampshire, submitted to EPA on July 30, 2015; and RACT Order ARD-07-001, issued to Watts Regulator Company located in Franklin, New Hampshire, submitted to EPA on September 9, 2015. A description of these submittals and our evaluation of them appears below in Section II of this document.

    II. Description and Evaluation of the State's Submittals 1. Order for Parker-Hannifin Corporation

    The Parker-Hannifin Corporation, Chomerics Division, located in Hudson, New Hampshire, produces coated fabrics, films, and other substrates for use in the electronics industry. The NH DES previously issued VOC RACT Order ARD 03-001 to the facility on July 18, 2002, and EPA approved that order into the NH SIP on November 5, 2012. See 77 FR 66388. NH DES re-issued the order for this facility as ARD 03-001A to allow for modifications to monitoring requirements, testing frequency, and determination of destruction and removal efficiency for a catalytic oxidizer operated by the facility to control air pollution. New Hampshire DES determined that these changes were appropriate after reviewing the performance history of the oxidizer. VOC RACT Order ARD 03-001A was issued by the NH DES on October 22, 2014, and establishes enforceable requirements the facility must follow in order to control VOC emissions at the facility. The Order includes requirements for periodic monitoring of the catalytic oxidizer's performance, recordkeeping requirements, work practice standards, and allows the facility to generate and use discrete emission reduction credits.

    2. Order for Textile Tapes Corporation

    The Textile Tapes Corporation operates a fabric coating and hot melt coating facility located in Gonic, New Hampshire. The NH DES previously issued VOC RACT Order ARD-96-001 to the facility, with a state effective date of August 10, 2007, which EPA approved into the New Hampshire SIP on November 5, 2012. See 77 FR 66388. Subsequently, the facility installed a new regenerative thermal oxidizer (RTO) to replace an existing unit at the facility. The updated VOC RACT order for the facility, ARD-96-001, as amended on July 30, 2015, contains an updated operating temperature for the new RTO. Additionally, the updated VOC RACT order provides a facility wide VOC emissions limit of 24.9 tons on a 12 month rolling basis, which is a decrease from the previous limit of 63.8 tons. The updated order makes a number of editorial changes to reflect the current citations for New Hampshire's air pollution control regulations, includes requirements for monitoring and testing for the RTO, includes recordkeeping requirements, and allows the facility to generate and use discrete emission reduction credits.

    3. Order for Watts Regulator Company

    The Watts Regulator Company manufactures equipment for the plumbing, heating, and water quality industries at a facility located in Franklin, New Hampshire. The NH DES previously issued VOC RACT Order ARD-07-001 to the facility, which was then operated under the name Webster Valve Company, with a state effective date of March 21, 2007. EPA approved this order into the NH SIP on November 5, 2012. See 77 FR 66388. NH DES amended the order for this facility in 2015 to reflect the pending applicability of a newly adopted state VOC regulation, Env-A 1212, Miscellaneous Metal and Plastic Parts and Products Coating, to coatings used by the facility, and to include work practice standards to the order. The order includes recordkeeping requirements, and allows the facility to generate and use discrete emission reduction credits.

    EPA agrees with New Hampshire's updated RACT determinations for the three sources mentioned above, and is therefore removing the existing orders for these facilities from the New Hampshire SIP and replacing them with the updated orders described above. The updated orders we are approving are at least as stringent as the orders being replaced, and therefore meet the anti-backsliding requirements of section 110(l) of the CAA.

    III. Final Action

    EPA is approving, and incorporating into the New Hampshire SIP, three single source orders that establish reasonably available control technology for the Parker-Hannifin Corporation, the Textile Tapes Corporation, and the Watts Regulator Company, and is removing previously approved orders for these three facilities from the New Hampshire SIP.

    The EPA is publishing this action without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should relevant adverse comments be filed. This rule will be effective October 28, 2016 without further notice unless the Agency receives relevant adverse comments by September 28, 2016.

    If the EPA receives such comments, then EPA will publish a notice withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on the proposed rule. All parties interested in commenting on the proposed rule should do so at this time. If no such comments are received, the public is advised that this rule will be effective on October 28, 2016 and no further action will be taken on the proposed rule. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

    IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of single source orders for the Parker Hannifin Corporation, Textile Tapes Corporation, and Watts Regulator Company, as described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov, and/or at the EPA Region 1 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information).

    V. 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, EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

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

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

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

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

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

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

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

    • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and

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

    In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. Section 804, however, exempts from section 801 the following types of rules: Rules of particular applicability; rules relating to agency management or personnel; and rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of non-agency parties. 5 U.S.C. 804(3). Because this is a rule of particular applicability, EPA is not required to submit a rule report regarding this action under section 801.

    Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 28, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: August 15, 2016. H. Curtis Spalding, Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows:

    PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: Authority:

    42 U.S.C. 7401 et seq.

    Subpart EE—New Hampshire 2. In § 52.1520(d), the table is amended by removing existing entries for Parker-Hanifan Corporation, Textile Tapes Corporation (2 entries), and Webster Valve, and adding new entries for Parker-Hannifin Corporation, Textile Tapes Corporation, and Watts Regulator Company to the end of the table to read as follows:
    § 52.1520 Identification of plan.

    (d) EPA-approved State Source specific requirements.

    EPA-Approved New Hampshire Source Specific Requirements Name of source Permit No. State effective date EPA approval date 2 Additional explanations/
  • § 52.1535 citation
  • *         *         *         *         *         *         * Parker-Hannifin Corporation ARD 03-001A 10/22/2014 8/29/2016 [Insert Federal Register citation] VOC RACT Order. Textile Tapes Corporation ARD-96-001 7/30/2015 8/29/2016 [Insert Federal Register citation] VOC RACT Order. Watts Regulator Company ARD 07-001 8/21/2015 8/29/2016 [Insert Federal Register citation] VOC RACT Order.    *         *         *         *         *         *         * 2 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.
    [FR Doc. 2016-20538 Filed 8-26-16; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL MARITIME COMMISSION 46 CFR Parts 502, 503, 515, 520, 530, 531, 535, 540, 550, 555, and 560 [Docket No. 16-06] RIN 3072-AC34 Update of Existing and Addition of New User Fees AGENCY:

    Federal Maritime Commission.

    ACTION:

    Final rule.

    SUMMARY:

    The Federal Maritime Commission (Commission) is amending its user fees to more accurately align fees with the costs associated with each service provided by the Commission. Specifically, the Commission is increasing fees for: Filing complaints and certain petitions; records searches, document copying, and admissions to practice; paper filing of ocean transportation intermediary (OTI) applications; filing applications for special permission; and filing agreements.

    The Commission is also lowering fees for: Reviewing Freedom of Information Act (FOIA) requests; revising clerical errors on service contracts; revising clerical errors on non-vessel-operating common carrier (NVOCC) service arrangements; and Commission services to passenger vessel operators (PVOs).

    In addition, the Commission is repealing four existing fees for: Adding interested parties to a specific docket mailing list; the Regulated Persons Index database; database reports on Effective Carrier Agreements; and filing petitions for rulemaking, and adding a new fee for requests for expedited review of an agreement filing.

    DATES:

    Effective October 1, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Karen V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573-0001. Phone: (202) 523-5725. Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Commission's current user fees are based on an assessment of fiscal year 2004 costs and have not been updated since 2005.1 Consequently, many of the current user fees no longer represent the Commission's actual costs for providing services. The Commission is adjusting its user fees based on fiscal year 2015 costs assessed through a new methodology for calculating costs for services provided by the Commission.

    1 The Commission established the fee for filing or updating OTI license applications electronically in 2007.

    The Independent Offices Appropriation Act of 1952 (IOAA), 31 U.S.C. 9701, authorizes agencies to establish charges (user fees) for services and benefits that it provides to specific recipients. Under the IOAA, charges must be fair and based on the costs to the Government, the value of the service or thing to the recipient, the public policy or interest served, and other relevant facts. The IOAA also provides that regulations implementing user fees are subject to policies prescribed by the President, which are currently set forth in OMB Circular A-25, User Charges (revised July 8, 1993).

    OMB Circular A-25 requires agencies to conduct a periodic reassessment of costs and, if necessary, adjust or establish new fees. Under OMB Circular A-25, fees should be established for Government-provided services that confer benefits on identifiable recipients over and above those benefits received by the general public. OMB Circular A-25 also provides that agencies should determine or estimate costs based on the best available records in the agency, and that cost computations must cover the direct and indirect costs to the agency providing the activity.

    On March 21, 2016, the Commission issued an Advanced Notice of Proposed Rulemaking (ANPRM), 81 FR 15002, seeking public comment and did not receive any comments. The Commission again sought public comment by issuing a Notice of Proposed Rulemaking (NPRM), 81 FR 33637, on May 27, 2016. The Commission received two comments in response to the NPRM, one from an individual and one from the World Shipping Council.

    The individual commenter requested that the Commission eliminate 46 CFR 503.50(c)(1)(ii) and (c)(3)(iii) to avoid ambiguity, improve clarity, and conform to typical federal agency practice. The commenter claims that the wording is ambiguous because the proposed language states that the minimum charge for a records search is $27, but the Commission does not charge a fee for two hours of search for noncommercial requesters. The Commission provides an exception to the minimum search fee for educational and noncommercial scientific institution requesters and for representatives of the news media requesters because the Freedom of Information Act (FOIA), 5 U.S.C. 552(a)(4)(A)(ii), precludes agencies from imposing a search fee when the requester is not seeking documents for a commercial use. The commenter also argues that there is ambiguity in the proposed language because there are existing provisions where the Commission does not charge a fee at all if the processing of the fee were likely to equal or exceed the fee itself. The Commission provides this de minimus exception, in accordance with 5 U.S.C. 552(a)(A)(iv)(I). While the Commission does not consider § 503.50(c)(1)(ii) and (c)(3)(iii) as proposed in the NPRM to be confusing, we are adding the phrase “Unless an exception provided in § 503.50(b)(2) applies” to make the rule unequivocally clear.

    The individual commenter requested that the Commission not adopt certain portions of proposed § 503.50(c)(3)(i) and (ii) because they do not reflect OMB FOIA Fee Guidelines. Similarly, the commenter requested that § 503.69(b)(1) not be modified because the Commission did not provide a rationale for the change in duplication fees and there is no evidence that there has been any examination of the actual per page direct cost of xerographic duplication.

    The individual also commented that the basis for the rule change in § 503.69(b)(1) is unclear and that it is unclear where the Regulated Persons Index is located on the Commission's Web site.

    The World Shipping Council requests that the Commission provide detailed cost information for each service it provides and requests an additional 45-day comment period. The Commission believes transparency and public participation is essential in amending user fees and has afforded stakeholders two opportunities to comment on the proposed changes. Furthermore, the Commission provided a summary of the fee assessment methodology in both the ANPRM and NPRM. In addition, the Commission provided a detailed description of the methodology in the docket to this rulemaking, as well as a detailed fee index. In the interest of transparency, the Commission will place the cost analysis for each service in the docket. The Commission, however, believes that ample time and information has been provided for public comment and, therefore, will not go forward with a third comment period.

    Fee Adjustments

    The adjustments will allow some user fees to remain unchanged; increase, reduce, or delete other fees; and add one new fee. The Commission is increasing fees to reflect increases in salary and indirect (overhead) costs. For some services, an increase in processing or review time may account for all or part of the increase in the amount of the fees. For other services, fees are lower than current fees due to an overall reduced cost to provide those services.

    The Commission assesses nominal processing fees for services related to the filing of complaints and certain petitions; various public information services, such as records searches, document copying, and admissions to practice; and filing applications for special permission. Due to an increase in the processing cost of these services, the Commission is adjusting upward these administrative fees based on an assessment of fiscal year 2015 costs. Similarly, the Commission is adjusting upward the user fees associated with agreements filed under 46 CFR part 535 because of the increase in reviewing and analyzing the agreement filings.

    With respect to OTI license applications, the fees for electronic filing of license applications through the Commission's FMC-18 automated filing system are lower than the fees to file paper applications. The Commission first adopted lower fees in 2007 to promote the use of the electronic filing option by the public and to facilitate the transfer of OTI records from a paper-based format to a more convenient and accessible digital format.2 As intended, the majority of OTI applicants are using the automated system and paying the reduced fees. In fiscal year 2015, the total number of OTI applicants using the automated filing system at the reduced fees was 619, and the total number of OTI applicants filing their applications in paper format at the higher fees was 44. This program has been successful and the Commission is continuing to offer the lower fees for electronic filing at the current fee amounts.3

    2 FMC Docket No. 07-08, Optional Method of Filing Form FMC-18, Application for a License as an Ocean Transportation Intermediary, 72 FR 44976, 44977 (Aug. 10, 2007).

    3 While the automated filing system allows users to file their applications electronically, the automated system for processing the applications is still under development. The fees for the electronic filing of OTI applications will be addressed by the Commission when the entire FMC-18 automated system is complete and operational, and the costs of the system and its impact on the review of OTI applications can be quantified.

    The Commission is decreasing fees for the Commission's services to passenger vessel operators (PVOs) under 46 CFR part 540. These services include reviewing and processing the application for certification on performance; the supplemental application on performance for the addition or substitution of a vessel; the application for certification on casualty, and the supplemental application on casualty for the addition or substitution of a vessel.

    For reviews of requests filed under FOIA, the Commission is lowering the fees due to the change in grade level of the professional staff that review FOIA requests. For revisions of clerical errors on service contracts, the Commission is lowering the fee due to the reduction in processing time.

    The Commission is repealing the user fee for obtaining a copy of the Regulated Persons Index given that it is currently available on the Commission's Web site. (http://www2.fmc.gov/oti/) The Commission also proposes repealing the current fee assessed for adding an interested party to a specific docket mailing list under § 503.50(d), and the fee assessed under § 535.401(h) for obtaining a Commission agreement database report.

    In addition, the Commission is repealing the user fee for filing petitions for rulemaking found in § 503.51(a). This aligns the Commission with the practice of other agencies, the vast majority of which do not impose a fee to file petitions for rulemaking. Repealing this user fee would also enhance access to the rulemaking process, thereby making it fairer and more open.

    The Commission is also adding a new fee for processing requests for expedited review of an agreement under § 535.605, which allows filing parties to request that the 45-day waiting period be shortened to meet an operational urgency. The Commission believes that a fee for processing such requests is necessary to recoup the cost of publishing a separate Federal Register notice for expedited review. This new fee will be assessed in addition to the underlying agreement filing fee required by § 535.401(g).

    Regulatory Analysis and Notices Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et. seq., requires an agency to review final rules to assess their impact on small entities and prepare a final regulatory flexibility analysis (FRFA), unless the agency head determines that the regulatory action will not have a significant impact on a substantial number of small entities. The Chairman certified, in the NPRM, that the proposed rule would not have a significant economic impact on a substantial number of small entities. The adjusted user fees reflect the costs of specific Commission services for identifiable recipients. The economic impact of user fees on a small entity results from the entity requesting a particular service that requires payment of a fee for that service. The dollar amount of each user fee proposed in this rule is not substantial enough to have a significant economic impact on any entity subject to the user fee. On average, as weighted by the volume of fee assessments for fiscal year 2015, the total increase in user fees is below the rise in inflation and employment costs from the last assessment in fiscal year 2004. Furthermore, the Commission's regulations provide for a waiver or reduction of any fee in extraordinary situations. 46 CFR 503.42. The Chairman of the Commission, therefore, certifies that the final rule, will not have a significant economic impact on a substantial number of small entities.4

    4 In extraordinary situations, the Commission will accept requests for waivers or fee reductions. Such request must demonstrate that the waiver or reduction of a fee is in the best interest of the public, or that payment of a fee would impose an undue hardship.

    Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) requires an agency to seek and receive approval from the Office of Management and Budget (OMB) before making most requests for information if the agency is requesting information from more than ten persons. 44 U.S.C. 3507. This final rule does not contain any collections of information, as defined by 44 U.S.C. 3502(3) and 5 CFR 1320.3(c).

    Regulation Identifier Number

    The Commission assigns a regulation identifier number (RIN) to each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions (Unified Agenda). The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. You may use the RIN contained in the heading at the beginning of this document to find this action in the Unified Agenda, available at http://www.reginfo.gov/public/do/eAgendaMain.

    List of Subjects 46 CFR Part 502

    Administrative practice and procedure, Claims, Equal access to justice, Investigations, Lawyers, Maritime carriers, Penalties, Reporting and recordkeeping requirements.

    46 CFR Part 503

    Classified information, Freedom of Information, Privacy, Sunshine Act.

    46 CFR Part 515

    Exports, Freight forwarders, Non-vessel-operating common carriers, Ocean transportation intermediaries, Licensing requirements, Financial responsibility requirements, Reporting and recordkeeping requirements.

    46 CFR Part 520

    Common carrier, Freight, Intermodal transportation, Maritime carriers, Reporting and recordkeeping requirements.

    46 CFR Part 530

    Freight, Maritime carriers, Report and recordkeeping requirements.

    46 CFR Part 531

    Freight, Maritime carriers, Report and recordkeeping requirements.

    46 CFR Part 535

    Administrative practice and procedure, Maritime carriers, Reporting and recordkeeping requirements.

    46 CFR Part 540

    Insurance, Maritime carriers, Penalties, Reporting and recordkeeping requirements, Surety bonds.

    46 CFR Part 550

    Administrative practice and procedure, Maritime carriers.

    46 CFR Part 555

    Administrative practice and procedure, Investigations, Maritime carriers.

    46 CFR Part 560

    Administrative practice and procedure, Maritime carriers.

    For the reasons set forth above, the Federal Maritime Commission amends 46 CFR parts 502, 503, 515, 520, 530, 535, 540, 550, 555, and 560 as follows:

    PART 502—RULES OF PRACTICE AND PROCEDURE 1. The authority citation for Part 502 continues to read as follows: Authority:

    5 U.S.C. 504, 551, 552, 553, 556(c), 559, 561-569, 571-584; 591-596; 18 U.S.C. 207; 28 U.S.C. 2112(a); 31 U.S.C. 9701; 46 U.S.C. 305, 40103-40104, 40304, 40306, 40501-40503, 40701-40706, 41101-41109, 41301-41309, 44101-44106; 5 CFR part 2635.

    Subpart D—Rulemaking
    § 502.51 [Amended]
    2. In § 502.51, amend paragraph (a) by removing “§ 502.74” and adding in its place “§ 502.69” and removing the fourth sentence. Subpart E—Proceedings; Pleadings; Motions; Replies 3. In § 502.62, paragraph (a)(6) is revised to read as follows:
    § 502.62 Private party complaints for formal adjudication.

    (a) * * *

    (6) Filing fee: The complaint must be accompanied by remittance of a $289 filing fee.

    4. In § 502.75, revise paragraph (a)(3) to read as follows:
    § 502.75 Declaratory orders and fee.

    (a) * * *

    (3) Petitions must be accompanied by remittance of a $289 filing fee.

    5. In § 502.76, revise paragraph (b) to read as follows:
    § 502.76 Petitions-general and fee.

    (b) Petitions must be accompanied by remittance of a $289 filing fee. [Rule 76.]

    Subpart K—Shortened Procedure 6. The last sentence of § 502.182 is revised to read as follows:
    § 502.182 Complaint and memorandum of facts and arguments and filing fee.

    * * * The complaint must be accompanied by remittance of a $289 filing fee. [Rule 182.]

    Subpart Q—Refund or Waiver of Freight Charges 7. In § 502.271, revise paragraph (d)(5) to read as follows:
    § 502.271 Special docket application for permission to refund or waive freight charges.

    (d) * * *

    (5) Applications must be accompanied by remittance of a $117 filing fee.

    Subpart S—Informal Procedure for Adjudication of Small Claims 8. The last sentence of § 502.304(b) is revised to read as follows:
    § 502.304 Procedure and filing fee.

    (b) * * * Such claims must be accompanied by remittance of an $85 filing fee.

    PART 503—PUBLIC INFORMATION 9. The authority citation for Part 503 is revised to read as follows: Authority:

    5 U.S.C. 331, 552, 552a, 552b, 553; 31 U.S.C. 9701; E.O. 13526 of January 5, 2010 75 FR 707, 3 CFR, 2010 Comp., p. 298, sections 5.1(a) and (b).

    Subpart F—Fees 10. In § 503.50, paragraph (c)(1) introductory text, paragraphs (c)(1)(i) and (ii); the first sentence of paragraph (c)(2); paragraphs (c)(3)(i), (ii) and (iii); paragraph (c)(4); and paragraph (e) are revised to read as follows:
    § 503.50 Fees for services.

    (c) * * *

    (1) Records search (including electronic search) will be performed by Commission personnel at the following rates:

    (i) Search will be performed by clerical/administrative personnel at a rate of $27 per hour and by professional/executive personnel at a rate of $57 per hour.

    (ii) Unless an exception provided in paragraph (b)(2) of this section applies, the minimum charge for record search is $27.

    (2) Charges for review of records to determine whether they are exempt from disclosure under § 503.33 must be assessed to recover full costs at the rate of $57 per hour. * * *

    (3) * * *

    (i) If performed by requesting party at the rate of ten cents per page (one side).

    (ii) By Commission personnel, at the rate of ten cents per page (one side) plus $27 per hour.

    (iii) Unless an exception provided in paragraph (b)(2) of this section applies, the minimum charge for copying is $5.

    (4) The certification and validation (with Federal Maritime Commission seal) of documents filed with or issued by the Commission will be available at $84 for each certification.

    (e) Applications for admission to practice before the Commission for persons not attorneys at law must be accompanied by a fee of $153 pursuant to § 502.27 of this chapter.

    Subpart H—Access to Any Record of Identifiable Personal Information 11. In § 503.69, paragraphs (b)(1) and (2) are revised to read as follows:
    § 503.69 Fees.

    (b) * * *

    (1) The copying of records and documents will be available at the rate of ten cents per page (one side), limited to size 81/4″ x 14″ or smaller.

    (2) The certification and validation (with Federal Maritime Commission seal) of documents filed with or issued by the Commission will be available at $84 for each certification.

    PART 515—LICENSING, FINANCIAL RESPONSIBILITY REQUIREMENTS, AND GENERAL DUTIES FOR OCEAN TRANSPORTATION INTERMEDIARIES 12. The authority citation for Part 515 continues to read as follows: Authority:

    5 U.S.C. 553; 31 U.S.C. 9701; 46 U.S.C. 305, 40102, 40104, 40501-40503, 40901-40904, 41101-41109, 41301-41302, 41305-41307; Pub. L. 105-383, 112 Stat. 3411; 21 U.S.C. 862.

    Subpart A—General 13. In § 515.5, paragraphs (c)(2)(i) and (ii) are revised to read as follows:
    § 515.5 Forms and fees.

    (c) * * *

    (2) * * *

    (i) Application for new OTI license as required by § 515.12(a): Automated filing $250; paper filing pursuant to waiver $1,055.

    (ii) Application for change to OTI license or license transfer as required by § 515.20(a) and (b): Automated filing $125; paper filing pursuant to waiver $735.

    Subpart D—Duties and Responsibilities of Ocean Transportation Intermediaries; Reports to Commission 15. The last sentence of § 515.34 is removed and the second sentence is revised to read as follows:
    § 515.34 Regulated Persons Index.

    * * *

    The database is available at no charge on the Commission's Web site at www.fmc.gov.

    PART 520—CARRIER AUTOMATED TARIFFS 16. The authority citation for Part 520 continues to read as follows: Authority:

    5 U.S.C. 553; 46 U.S.C. 305, 40101-40102, 40501-40503, 40701-40706, 41101-41109.

    17. The last sentence of § 520.14 paragraph (c)(1) is revised to read as follows:
    § 520.14 Special permission.

    (c) * * *

    (1) * * * Every such application must be submitted to the Bureau of Trade Analysis and be accompanied by a filing fee of $299.

    PART 530—SERVICE CONTRACTS 18. The authority citation for Part 530 continues to read as follows: Authority:

    5 U.S.C. 553; 46 U.S.C. 305, 40301-40306, 40501-40503, 41307.

    Subpart B—Filing Requirements 19. In § 530.10, paragraph (c) introductory text is revised to read as follows:
    § 530.10 Amendment, correction, cancellation, and electronic transmission errors.

    (c) Corrections. Requests must be filed, in duplicate, with the Commission's Office of the Secretary within forty-five (45) days of the contract's filing with the Commission, accompanied by remittance of an $95 service fee, and must include:

    PART 531—NVOCC SERVICE ARRANGEMENTS 20. The authority citation for Part 531 continues to read as follows: Authority:

    46 U.S.C. 40103.

    21. In § 531.8 paragraph (b)(1) is revised to read as follows:
    § 531.8 Amendment, correction, cancellation, and electronic transmission errors.

    (b) * * *

    (1) Requests must be filed, in duplicate, with the Commission's Office of the Secretary within forty-five (45) days of the contract's filing with the Commission, accompanied by remittance of an $95 service fee.

    PART 535—OCEAN COMMON CARRIER AND MARINE TERMINAL OPERATOR AGREEMENTS SUBJECT TO THE SHIPPING ACT OF 1984 22. The authority citation for Part 535 continues to read as follows: Authority:

    5 U.S.C. 553; 46 U.S.C. 305, 40101-40104, 40301-40307, 40501-40503, 40901-40904, 41101-41109, 41301-41302, and 41305-41307.

    Subpart D—Filing of Agreements 24. In § 535.401 paragraphs (g) and (h) are revised to read as follows:
    § 535.401 General requirements.

    (g) Fees. The filing fee is $3,218 for new agreements and any agreement modifications requiring Commission review and action; $526 for agreements processed under delegated authority (for types of agreements that can be processed under delegated authority, see § 501.27(e) of this chapter); $303 for carrier exempt agreements; and $90 for terminal exempt agreements.

    (h) The fee for a request for expedited review of an agreement pursuant to § 535.605 is $159. This fee must be paid in addition to the carrier agreement filing fee required by paragraph (g) of this section.

    PART 540—PASSENGER VESSEL FINANCIAL RESPONSIBILITY 25. The authority citation for Part 540 continues to read as follows: Authority:

    5 U.S.C. 552, 553; 31 U.S.C. 9701; 46 U.S.C. 305, 44101-44106.

    Subpart A—Proof of Financial Responsibility, Bonding and Certification of Financial Responsibility for Indemnification of Passengers for Nonperformance of Transportation 26. The last two sentences in § 540.4 paragraph (e) are revised to read as follows:
    § 540.4 Procedure for establishing financial responsibility.

    (e) * * * An application for a Certificate (Performance), excluding an application for the addition or substitution of a vessel to the applicant's fleet, must be accompanied by a filing fee remittance of $2,284 An application for a Certificate (Performance) for the addition or substitution of a vessel to the applicant's fleet must be accompanied by a filing fee remittance of $1,224.

    Subpart B—Proof of Financial Responsibility, Bonding and Certification of Financial Responsibility to Meet Liability Incurred for Death or Injury to Passengers or Other Persons on Voyages 27. The last two sentences in § 540.23 paragraph (b) are revised to read as follows:
    § 540.23 Procedure for establishing financial responsibility.

    (b) * * * An application for a Certificate (Casualty), excluding an application for the addition or substitution of a vessel to the applicant's fleet, must be accompanied by a filing fee remittance of $1,085. An application for a Certificate (Casualty) for the addition or substitution of a vessel to the applicant's fleet must be accompanied by a filing fee remittance of $593.

    PART 550—REGULATIONS TO ADJUST OR MEET CONDITIONS UNFAVORABLE TO SHIPPING IN THE FOREIGN TRADE OF THE UNITED STATES 28. The authority citation for Part 550 continues to read as follows: Authority:

    5 U.S.C. 553; 46 U.S.C. 301-307; sec. 19 (a)(2), (e), (f), (g), (h), (i), (j), (k) and (l) of the Merchant Marine Act, 1920, 46 U.S.C. 42101 and 42104-42109; and sec. 10002 of the Foreign Shipping Practices Act of 1988, 46 U.S.C. 42301-42307.

    Subpart D—Petitions for Section 19 Relief 29. Revise § 550.402 to read as follows:
    § 550.402 Filing of petitions.

    Except for petitions for rulemaking, all requests for relief from conditions unfavorable to shipping in the foreign trade must be by written petition. An original and fifteen copies of a petition for relief under the provisions of this part must be filed with the Secretary, Federal Maritime Commission, Washington, DC 20573. The petition must be accompanied by remittance of a $289 filing fee.

    PART 555—ACTIONS TO ADDRESS ADVERSE CONDITIONS AFFECTING U.S.-FLAG CARRIERS THAT DO NOT EXIST FOR FOREIGN CARRIERS IN THE UNITED STATES 30. The authority citation for Part 555 continues to read as follows: Authority:

    5 U.S.C. 553; sec. 10002 of the Foreign Shipping Practices Act of 1988 (46 U.S.C. 42301-42307).

    31. The last sentence in § 555.4 paragraph (a) is revised to read as follows:
    § 555.4 Petitions.

    (a) * * * The petition must be accompanied by remittance of a $289 filing fee.

    PART 560—ACTIONS TO ADDRESS CONDITIONS UNDULY IMPAIRING ACCESS OF U.S.-FLAG VESSELS TO OCEAN TRADE BETWEEN FOREIGN PORTS 32. The authority citation for Part 560 continues to read as follows: Authority:

    5 U.S.C. 553; secs. 13(b)(6), 15 and 17 of the Shipping Act of 1984, 46 U.S.C. 305, 40104, and 41108(d); sec. 10002 of the Foreign Shipping Practices Act of 1988 (46 U.S.C. 42301-42307).

    33. The last sentence in § 560.3 paragraph (a)(2) is revised to read as follows:
    § 560.3 Petitions for relief.

    (a) * * *

    (2) * * * The petition must be accompanied by remittance of a $289 filing fee.

    By the Commission. Karen V. Gregory, Secretary.
    [FR Doc. 2016-20647 Filed 8-26-16; 8:45 am] BILLING CODE 6731-AA-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [[WT Docket No. 15-180; DA 16-900] First Amendment to Collocation Agreement AGENCY:

    Federal Communications Commission.

    ACTION:

    Final rule.

    SUMMARY:

    In this document, the Wireless Telecommunications Bureau (WTB or Bureau) of the Federal Communications Commission (FCC or Commission) announces that on August 3, 2016, the FCC, the Advisory Council on Historic Preservation (Council or ACHP), and the National Conference of State Historic Preservation Officers (NCSHPO) executed the attached First Amendment to Nationwide Programmatic Agreement for the Collocation of Wireless Antennas (First Amendment to the Collocation Agreement) to address the review of deployments of small wireless antennas and associated equipment under Section 106 of the National Historic Preservation Act (NHPA). The First Amendment to the Collocation Agreement amends the Nationwide Programmatic Agreement for the Collocation of Wireless Antennas (Collocation Agreement).

    DATES:

    This amendment to 47 CFR part 1, appendix B, of the FCC's rules is effective August 29, 2016, except for Stipulation VII.C, which contains information collection requirements that have not been approved by the Office of Management and Budget (OMB). The Commission will publish a document in the Federal Register announcing the effective date of that Stipulation. The First Amendment to the Collocation Agreement took effect on August 3, 2016, upon execution by the parties.

    FOR FURTHER INFORMATION CONTACT:

    Stephen DelSordo, of the Spectrum and Competition Policy Division, Wireless Telecommunications Bureau, (202) 418-1986 or [email protected] or Paul D'Ari of the Spectrum and Competition Policy Division, Wireless Telecommunications Bureau, (202) 418-1550, [email protected]

    SUPPLEMENTARY INFORMATION:

    This is a summary of the document in WT Docket No. 15-180, DA No. 16-900, released as a Public Notice by WTB on August 8, 2016 (document or Public Notice), to announce execution of the First Amendment to the Collocation Agreement. The full text of this document is available for inspection and copying during business hours in the FCC Reference Information Center, Portals II, 445 12th Street SW., Room CY-A257, Washington, DC 20554. Also, it may be purchased from the Commission's duplicating contractor at Portals II, 445 12th Street SW., Room CY-B402, Washington, DC 20554; the contractor's Web site, http://www.bcpiweb.com; or by calling (800) 378-3160, facsimile (202) 488-5563, or email [email protected] This Public Notice will also be available via www.fcc.gov/ecfs. Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat.

    I. Background

    1. The document announced that the FCC, ACHP, and NCHPO had executed the First Amendment to the Nationwide Programmatic Agreement for the Collocation of Wireless Antennas. The FCC, the Council, and NCSHPO agreed to amend the Collocation Agreement, which is codified at 47 CFR, part 1, appendix B, to account for the limited potential of small wireless antennas and associated equipment, including Distributed Antenna Systems (DAS) and small cell facilities, to affect historic properties.

    2. The amendment establishes new exclusions from the Section 106 review process for physically small deployments like DAS and small cells, fulfilling a directive in the Infrastructure Report and Order, 80 FR 1238, Jan. 8, 2015, (Infrastructure Report and Order) to further streamline review of these installations. These new exclusions will reduce the cost, time, and burden associated with deploying small facilities in many settings, and provide opportunities to increase densification at low cost and with very little impact on historic properties. Facilitating these deployments thus directly advances efforts to roll out 5G service in communities across the country.

    3. To fulfill its responsibilities under Section 106 of the National Historic Preservation Act (NHPA) (54 U.S.C. 306108 (formerly codified at 16 U.S.C. 470(f)), the Commission incorporated the requirements of Section 106 of the NHPA, into its environmental rules. Section 1.1307(a)(4), 47 CFR 1.1307(a)(4), of the Commission's rules directs licensees and applicants to follow the procedures set forth in the ACHP's rules, as modified by two programmatic agreements executed by the Commission with ACHP and NCSHPO, in order to determine whether certain undertakings will affect historic properties. The Collocation Agreement, 47 CFR part 1, app. B, addresses historic preservation review for collocations on existing towers, buildings, and other non-tower structures. Under the Collocation Agreement, most antenna collocations on existing structures are excluded from Section 106 historic preservation review, with a few exceptions defined to address potentially problematic situations. The other programmatic agreement, the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission (NPA), 47 CFR part 1, app. C, establishes detailed procedures for the Section 106 review process as applied to the construction of communications facilities regulated by the Commission, consistent with the goal of the NHPA to protect historic properties.

    4. In the Infrastructure Report and Order, the Commission recognized that small deployments like DAS and small cells use components that are a fraction of the size of traditional cell tower deployments and can often be installed on utility poles, buildings, and other existing structures with limited or no potential to cause adverse effects on historic properties. Accordingly, the Commission eliminated some routine Section 106 reviews by adopting two targeted exclusions for certain small-facility collocations on utility structures and on buildings and other non-tower structures, provided that they meet certain specified criteria. The Commission also stated that there is room for additional improvement in this area, determined that any more comprehensive measures would require additional consideration, and found that such measures would be more appropriately addressed and developed through the program alternative process. The Commission committed to work with ACHP and other interested parties to develop a program alternative to promote additional appropriate efficiencies in the historic preservation review of DAS and small-cell deployments.

    5. The Bureau formally commenced this proceeding on July 28, 2015, by releasing a Public Notice and Section 106 Scoping Document (Section 106 Scoping Document) inviting comment on a proposal to amend the Collocation Agreement to facilitate the review process for deployments of small wireless communications facilities under Section 106 of the NHPA After considering the comments filed in response to the Section 106 Scoping Document and additional information provided in meetings with State Historic Preservation Officers (SHPOs), Tribal historic preservation officers (THPOs), Tribal Nations, industry representatives and other interested parties, the Bureau worked with ACHP and NCSHPO to develop a specific proposal. It released and sought public comment on this proposed amendment to the Collocation Agreement by Public Notice released on May 12, 2016, 81 FR 39611, June 17, 2016. Comments filed in response to the Public Notice, as well as the Scoping Document Public Notice and the Section 106 Scoping Document may be found in the Commission's Electronic Comment Filing System.

    II. Discussion

    6. Following their review of the comments filed in response to the Public Notice released on May 12, 2016, as well as other information provided by interested parties, the Bureau, ACHP, and NCSHPO finalized and executed this amendment to the Collocation Agreement. As summarized below, the amendment tailors the Section 106 process for small wireless deployments by excluding deployments that have minimal potential for adverse effects on historic properties.

    7. Exclusion For Collocation of Small Wireless Antennas and Associated Equipment on Buildings and Non-Tower Structures That Are Outside of Historic Districts And Are Not Historic Properties. The original Collocation Agreement provides an exclusion for collocations that are outside of historic districts on buildings and non-tower structures that are not more than 45 years of age. The amendment adds new Stipulation VI, which establishes an exclusion for collocations on buildings or non-tower structures that are over 45 years of age if they are not historic properties and are outside of historic districts. In particular, this new exclusion, provides that a small wireless antenna may be mounted on an existing building or non-tower structure, regardless of the building's or structure's age, without review under the Section 106 process set forth in the NPA unless: (1) The building or structure is inside the boundary of a historic district or, if the antenna is visible from the ground level of a historic district, the building or structure is within 250 feet of the boundary of the historic district; (2) the building or non-tower structure is a designated National Historic Landmark; or (3) the building or non-tower structure is listed in or eligible for listing in the National Register of Historic Places. In addition, this exclusion establishes volumetric limits for antennas and its associated equipment, as well as restrictions on ground disturbance.

    8. Exclusion for Collocation of Small or Minimally Visible Wireless Antennas and Associated Equipment on Structures in Historic Districts or on Historic Properties. Stipulation VII.A provides an exclusion from review for a collocation mounted on a building or non-tower structure that is a historic property or inside or within 250 feet of the boundary of a historic district, subject to visibility limits, and provided that the property on which the equipment will be deployed is not a designated National Historic Landmark. Under this exclusion, the antenna or antenna enclosure must be the only equipment that is visible from the ground level, and the antenna or enclosure must not exceed 3 cubic feet in volume, and must be installed using concealment techniques that match or complement the structure on which or within which it is deployed. No other antenna on the building or non-tower structure may be visible from the ground level. In addition, the amendment includes provisions restricting the visibility of an antenna's associated equipment. The amendment also includes limits on the extent of ground disturbance associated with the collocation, and on the number and size of lightning grounding rods that may be installed.

    9. Stipulation VII.B generally provides an exclusion for a small wireless deployment on a utility pole or electric transmission tower located inside or near a historic district, provided that the utility pole or electric transmission tower is in active use by a utility company and the deployment does not exceed specific volume limits. The amendment also contains restrictions on the extent of ground disturbance associated with the deployment.

    10. Stipulation VII.C provides an exclusion in certain cases for collocations on traffic lights, light poles, lamp posts, or other structures whose primary purpose is to provide public lighting where the structures are located inside or near a historic district. This exclusion is generally available only on a case-by-case basis, on the condition that the applicant or licensee finds that the structure is not a contributing or compatible element within the historic district and the SHPO concurs with this determination. The collocation also must meet specified volumetric and comply with restrictions on ground disturbance.

    11. Replacements of Small Wireless Antennas and Associated Equipment. Stipulation VIII generally excludes replacements from routine Section 106 review when the support structure is (1) a historic property, (2) inside or near a historic district, or (3) over 45 years of age. The replacement is excluded from review, regardless of visibility, provided that (1) the antenna deployment being replaced has undergone Section 106 review (unless such review was not required at the time that the antenna being replaced was installed); (2) the facility is an in-kind replacement for an existing facility, and (3) the new deployment does not exceed specified size limits.

    12. Collocations in the Interior of a Building. The amendment also excludes from historic preservation review collocations in the interior of a building. Stipulation V.B provides that an antenna and its associated equipment installed in the interior of a building is generally excluded from review, regardless of the building's age or its location in a historic district and regardless of the antenna's size, provided that the building is not a National Historic Landmark, or listed in or eligible for listing in the National Register. A collocation in the interior of a building that is listed in or eligible for listing the National Register is excluded from routine historic preservation review, but it is subject to strict visibility limits, the property in which the equipment will be deployed may not be a designated National Historic Landmark, and it may not be located in or near a historic district.

    13. Installations in or on Historic Buildings or Structures. Stipulations VI, and VII provide that the antennas and associated equipment deployed on buildings and other structures or in the interior of buildings must be installed in ways that do not damage historic materials and permit removal of such facilities without damaging historic materials.

    14. Pending Complaints. A proposed collocation is not eligible for an exclusion under this agreement if the licensee or the owner of the building or non-tower structure has received written or electronic notification that the FCC is in receipt of a complaint from a member of the public, a Tribal Nation, a SHPO or the Council, that the collocation has an adverse effect on one or more historic properties.

    15. Finally, the amended agreement affects only the FCC's review process under Section 106 of the NHPA, and will not limit State and local governments' authority to enforce their own historic preservation requirements consistent with Section 332(c)(7) of the Communications Act and Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012. In addition, the terms of this amendment to the Collocation Agreement do not apply on “tribal lands” as defined under Section 800.16(x) of the Council's regulations, 36 CFR 800.16(x), and the terms do not preclude federally recognized Tribal Nations or Native Hawaiian Organizations (NHOs) from consulting directly with the FCC or its licensees.

    III. Procedural Matters

    16. Final Paperwork Reduction Act Analysis. Stipulation VII.C of the First Amendment to the Collocation Agreement contains new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. Stipulation VII.C will be submitted to the Office of Management and Budget (OMB) for review under Section 3507(d) of the PRA. OMB, the general public, and other Federal agencies are invited to comment on the new or modified information collection requirements contained in this proceeding. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission seeks specific comment on how the Commission might further reduce the information collection burden for small business concerns with fewer than 25 employees.

    17. Congressional Review Act. Congressional Review Act. The Commission will not send a copy of the First Amendment to the Collocation Agreement, appended for reference as 47 CFR part 1, app. B, to Congress and the General Accountability Office pursuant to the Congressional Review Act (CRA) because the First Amendment is not a rule as defined in the CRA, see 5 U.S.C. 804(3).

    List of Subjects in 47 CFR Part 1

    Administrative practice and procedures, Telecommunications.

    Federal Communications Commission. Sue McNeil, Chief of Staff, Wireless Telecommunications Bureau. Final Rules

    For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 1 as follows:

    PART 1—PRACTICE AND PROCEDURE 1. The authority citation for part 1 continues to read: Authority:

    47 U.S.C. 151, 154(i), 155, 157, 225, 303(r), 309, 1403, 1404, 1451, and 1452.

    2. Appendix B to part 1 is revised to read as follows: Appendix B to Part 1—Nationwide Programmatic Agreement for the Collocation of Wireless Antennas

    First Amendment to NATIONWIDE PROGRAMMATIC AGREEMENT For the COLLOCATION OF WIRELESS ANTENNAS Executed by The FEDERAL COMMUNICATIONS COMMISSION, The NATIONAL CONFERENCE OF STATE HISTORIC PRESERVATION OFFICERS and The ADVISORY COUNCIL ON HISTORIC PRESERVATION

    WHEREAS, the Federal Communications Commission (FCC), the Advisory Council on Historic Preservation (the Council) and the National Conference of State Historic Preservation Officers (NCSHPO) executed this Nationwide Collocation Programmatic Agreement on March 16, 2001 in accordance with 36 CFR Section 800.14(b) to address the Section 106 review process as it applies to the collocation of antennas; and,

    WHEREAS, the FCC encourages collocation of antennas where technically and economically feasible, in order to reduce the need for new tower construction; and in its Wireless Infrastructure Report and Order, WT Docket No. 13-238, et al, released October 21, 2014, adopted initial measures to update and tailor the manner in which it evaluates the impact of proposed deployments on the environment and historic properties and committed to expeditiously conclude a program alternative to implement additional improvements in the Section 106 review process for small deployments that, because of their characteristics, are likely to have minimal and not adverse effects on historic properties; and,

    WHEREAS, the Middle Class Tax Relief and Job Creation Act of 2012 (Title VI — Public Safety Communications and Electromagnetic Spectrum Auctions, Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 112-96, 126 Stat. 156 (2012)) was adopted with the goal of advancing wireless broadband services, and the amended provisions in this Agreement further that goal; and,

    WHEREAS, advances in wireless technologies since 2001 have produced systems that use smaller antennas and compact radio equipment, including those used in Distributed Antenna Systems (DAS) and small cell systems, which are a fraction of the size of traditional cell tower deployments and can be installed on utility poles, buildings, and other existing structures as collocations; and,

    WHEREAS, the parties to this Collocation Agreement have taken into account new technologies involving use of small antennas that may often be collocated on utility poles, buildings, and other existing structures and increase the likelihood that such collocations will have minimal and not adverse effects on historic properties, and rapid deployment of such infrastructure may help meet the surging demand for wireless services, expand broadband access, support innovation and wireless opportunity, and enhance public safety—all to the benefit of consumers and the communities in which they live; and,

    WHEREAS, the FCC, the Council, and NCSHPO have agreed that these new measures should be incorporated into this Collocation Agreement to better manage the Section 106 consultation process and streamline reviews for collocation of antennas; and,

    WHEREAS, the FCC, the Council, and NCSHPO have crafted these new measures with the goal of promoting technological neutrality, with the goal of obviating the need for further amendments in the future as technologies evolve; and,

    WHEREAS, notwithstanding the intent to draft provisions in a manner that obviates the need for future amendments, in light of the public benefits associated with rapid deployment of the facilities required to provide broadband wireless services, the FCC, the Council, and NCSHPO have agreed that changes in technology and other factors relating to the placement and operation of wireless antennas and associated equipment may necessitate further amendments to this Collocation Agreement in the future; and,

    WHEREAS, the FCC, the Council, and NCSHPO have agreed that with respect to the amendments involving the use of small antennas, such amendments affect only the FCC's review process under Section 106 of the NHPA, and will not limit State and local governments' authority to enforce their own historic preservation requirements consistent with Section 332(c)(7) of the Communications Act and Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012; and,

    WHEREAS, the FCC, the Council, and NCSHPO acknowledge that federally recognized Indian tribes (Indian tribes), Native Hawaiian Organizations (NHOs), SHPO/THPOs, local governments, and members of the public make important contributions to the Section 106 review process, in accordance with Section 800.2(c) & (d) of the Council's rules, and note that the procedures for appropriate public notification and participation in connection with the Section 106 process are set forth the Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process (NPA); and,

    WHEREAS, the parties hereto agree that the amended procedures described in this amendment to the Collocation Agreement are, with regard to collocations as defined herein, a proper substitute for the FCC's compliance with the Council's rules, in accordance and consistent with Section 106 of the National Historic Preservation Act and its implementing regulations found at 36 CFR part 800; and,

    WHEREAS, the FCC sought comment from Indian tribes and Native Hawaiian Organizations regarding the terms of this amendment to the Collocation Agreement by letters dated April 17, 2015, July 28, 2015, and May 12, 2016, as well as during face-to-face meetings and conference calls, including during the Section 106 Summit in conjunction with the 2015 annual conference of the National Association of Tribal Historic Preservation Officers (NATHPO); and,

    WHEREAS, the terms of this amendment to the Collocation Agreement do not apply on “tribal lands” as defined under Section 800.16(x) of the Council's regulations, 36 CFR 800.16(x) (“Tribal lands means all lands within the exterior boundaries of any Indian reservation and all dependent Indian communities.”); and,

    WHEREAS, the terms of this amendment to the Collocation Agreement do not preclude Indian tribes or NHOs from consulting directly with the FCC or its licensees, tower companies and applicants for antenna licenses when collocation activities off tribal lands may affect historic properties of religious and cultural significance to Indian tribes or NHOs; and,

    WHEREAS, the execution and implementation of this amendment to the Collocation Agreement will not preclude members of the public from filing complaints with the FCC or the Council regarding adverse effects on historic properties from any existing tower or any activity covered under the terms of this Collocation Agreement;

    NOW THEREFORE, in accordance with Stipulation XI (as renumbered by this amendment), the FCC, the Council, and NCSHPO agree to amend the Collocation Agreement to read as follows:

    NATIONWIDE PROGRAMMATIC AGREEMENT For the COLLOCATION OF WIRELESS ANTENNAS Executed by The FEDERAL COMMUNICATIONS COMMISSION, The NATIONAL CONFERENCE OF STATE HISTORIC PRESERVATION OFFICERS and The ADVISORY COUNCIL ON HISTORIC PRESERVATION

    WHEREAS, the Federal Communications Commission (FCC) establishes rules and procedures for the licensing of wireless communications facilities in the United States and its Possessions and Territories; and,

    WHEREAS, the FCC has largely deregulated the review of applications for the construction of individual wireless communications facilities and, under this framework, applicants are required to prepare an Environmental Assessment (EA) in cases where the applicant determines that the proposed facility falls within one of certain environmental categories described in the FCC's rules (47 CFR 1.1307), including situations which may affect historical sites listed or eligible for listing in the National Register of Historic Places (“National Register”); and,

    WHEREAS, Section 106 of the National Historic Preservation Act (54 U.S.C. 300101 et seq.) (“the Act”) requires federal agencies to take into account the effects of their undertakings on historic properties and to afford the Advisory Council on Historic Preservation (Council) a reasonable opportunity to comment; and,

    WHEREAS, Section 800.14(b) of the Council's regulations, “Protection of Historic Properties” (36 CFR 800.14(b)), allows for programmatic agreements to streamline and tailor the Section 106 review process to particular federal programs; and,

    WHEREAS, in August 2000, the Council established a Telecommunications Working Group to provide a forum for the FCC, Industry representatives, State Historic Preservation Officers (SHPOs) and Tribal Historic Preservation Officers (THPOs), and the Council to discuss improved coordination of Section 106 compliance regarding wireless communications projects affecting historic properties; and,

    WHEREAS, the FCC, the Council and the Working Group have developed this Collocation Programmatic Agreement in accordance with 36 CFR Section 800.14(b) to address the Section 106 review process as it applies to the collocation of antennas (collocation being defined in Stipulation I.B below); and,

    WHEREAS, the FCC encourages collocation of antennas where technically and economically feasible, in order to reduce the need for new tower construction; and,

    WHEREAS, the parties hereto agree that the effects on historic properties of collocations of antennas on towers, buildings and structures are likely to be minimal and not adverse, and that in the cases where an adverse effect might occur, the procedures provided and referred to herein are proper and sufficient, consistent with Section 106, to assure that the FCC will take such effects into account; and,

    WHEREAS, the execution of this Nationwide Collocation Programmatic Agreement will streamline the Section 106 review of collocation proposals and thereby reduce the need for the construction of new towers, thereby reducing potential effects on historic properties that would otherwise result from the construction of those unnecessary new towers; and,

    WHEREAS, the FCC and the Council have agreed that these measures should be incorporated into a Nationwide Programmatic Agreement to better manage the Section 106 consultation process and streamline reviews for collocation of antennas; and,

    WHEREAS, since collocations reduce both the need for new tower construction and the potential for adverse effects on historic properties, the parties hereto agree that the terms of this Agreement should be interpreted and implemented wherever possible in ways that encourage collocation; and,

    WHEREAS, the parties hereto agree that the procedures described in this Agreement are, with regard to collocations as defined herein, a proper substitute for the FCC's compliance with the Council's rules, in accordance and consistent with Section 106 of the National Historic Preservation Act and its implementing regulations found at 36 CFR part 800; and,

    WHEREAS, the FCC has consulted with the National Conference of State Historic Preservation Officers (NCSHPO) and requested the President of NCSHPO to sign this Nationwide Collocation Programmatic Agreement in accordance with 36 CFR Section 800.14(b)(2)(iii); and,

    WHEREAS, the FCC sought comment from Indian tribes and Native Hawaiian Organizations (NHOs) regarding the terms of this Nationwide Programmatic Agreement by letters of January 11, 2001 and February 8, 2001; and,

    WHEREAS, the terms of this Programmatic Agreement do not apply on “tribal lands” as defined under Section 800.16(x) of the Council's regulations, 36 CFR 800.16(x) (“Tribal lands means all lands within the exterior boundaries of any Indian reservation and all dependent Indian communities.”); and,

    WHEREAS, the terms of this Programmatic Agreement do not preclude Indian tribes or Native Hawaiian Organizations from consulting directly with the FCC or its licensees, tower companies and applicants for antenna licenses when collocation activities off tribal lands may affect historic properties of religious and cultural significance to Indian tribes or Native Hawaiian organizations; and,

    WHEREAS, the execution and implementation of this Nationwide Collocation Programmatic Agreement will not preclude Indian tribes or NHOs, SHPO/THPOs, local governments, or members of the public from filing complaints with the FCC or the Council regarding adverse effects on historic properties from any existing tower or any activity covered under the terms of this Programmatic Agreement.

    NOW THEREFORE, the FCC, the Council, and NCSHPO agree that the FCC will meet its Section 106 compliance responsibilities for the collocation of antennas as follows.

    STIPULATIONS

    The FCC, in coordination with licensees, tower companies, applicants for antenna licenses, and others deemed appropriate by the FCC, will ensure that the following measures are carried out.

    I. DEFINITIONS

    For purposes of this Nationwide Programmatic Agreement, the following definitions apply.

    A. “Antenna” means an apparatus designed for the purpose of emitting radio frequency (“RF”) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the transmission of writing, signs, signals, data, images, pictures, and sounds of all kinds, including the transmitting device and any on-site equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with that antenna and added to a Tower, structure, or building as part of the original installation of the antenna. For purposes of this Agreement, the term Antenna does not include unintentional radiators, mobile stations, or devices authorized under Part 15 of the FCC's rules.

    B. “Collocation” means the mounting or installation of an antenna on an existing tower, building or structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes, whether or not there is an existing antenna on the structure.

    C. “NPA” is the Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process (47 CFR part 1, App. C).

    D. “Tower” is any structure built for the sole or primary purpose of supporting FCC-licensed antennas and their associated facilities.

    E. “Substantial increase in the size of the tower” means:

    1) The mounting of the proposed antenna on the tower would increase the existing height of the tower by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to avoid interference with existing antennas; or

    2) The mounting of the proposed antenna would involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four, or more than one new equipment shelter; or

    3) The mounting of the proposed antenna would involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement weather or to connect the antenna to the tower via cable; or

    4) The mounting of the proposed antenna would involve excavation outside the current tower site, defined as the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site.

    II. APPLICABILITY

    A. This Nationwide Collocation Programmatic Agreement applies only to the collocation of antennas as defined in Stipulations I.A and I.B, above.

    B. This Nationwide Collocation Programmatic Agreement does not cover any Section 106 responsibilities that federal agencies other than the FCC may have with regard to the collocation of antennas.

    III. COLLOCATION OF ANTENNAS ON TOWERS CONSTRUCTED ON OR BEFORE MARCH 16, 2001

    A. An antenna may be mounted on an existing tower constructed on or before March 16, 2001 without such collocation being reviewed through the Section 106 process set forth in the NPA, unless:

    1. The mounting of the antenna will result in a substantial increase in the size of the tower as defined in Stipulation I.E, above; or,

    2. The tower has been determined by the FCC to have an adverse effect on one or more historic properties, where such effect has not been avoided or mitigated through a conditional no adverse effect determination, a Memorandum of Agreement, a programmatic agreement, or a finding of compliance with Section 106 and the NPA; or,

    3. The tower is the subject of a pending environmental review or related proceeding before the FCC involving compliance with Section 106 of the National Historic Preservation Act; or,

    4. The collocation licensee or the owner of the tower has received written or electronic notification that the FCC is in receipt of a complaint from a member of the public, an Indian Tribe, a SHPO or the Council, that the collocation has an adverse effect on one or more historic properties. Any such complaint must be in writing and supported by substantial evidence describing how the effect from the collocation is adverse to the attributes that qualify any affected historic property for eligibility or potential eligibility for the National Register.

    IV. COLLOCATION OF ANTENNAS ON TOWERS CONSTRUCTED AFTER MARCH 16, 2001

    A. An antenna may be mounted on an existing tower constructed after March 16, 2001 without such collocation being reviewed through the Section 106 process set forth in the NPA, unless:

    1. The Section 106 review process for the existing tower set forth in 36 CFR part 800 (including any applicable program alternative approved by the Council pursuant to 36 CFR 800.14) and any associated environmental reviews required by the FCC have not been completed; or,

    2. The mounting of the new antenna will result in a substantial increase in the size of the tower as defined in Stipulation I.E, above; or,

    3. The tower as built or proposed has been determined by the FCC to have an adverse effect on one or more historic properties, where such effect has not been avoided or mitigated through a conditional no adverse effect determination, a Memorandum of Agreement, a Programmatic Agreement, or otherwise in compliance with Section 106 and the NPA; or,

    4. The collocation licensee or the owner of the tower has received written or electronic notification that the FCC is in receipt of a complaint from a member of the public, an Indian Tribe, a SHPO or the Council, that the collocation has an adverse effect on one or more historic properties. Any such complaint must be in writing and supported by substantial evidence describing how the effect from the collocation is adverse to the attributes that qualify any affected historic property for eligibility or potential eligibility for the National Register.

    V. COLLOCATION OF ANTENNAS ON BUILDINGS AND NON-TOWER STRUCTURES

    A. An antenna may be mounted on a building or non-tower structure without such collocation being reviewed through the Section 106 process set forth in the NPA, unless:

    1. The building or structure is over 45 years old, and the collocation does not meet the criteria established in Stipulation VI herein for collocations of small antennas; 1 or,

    1 For purposes of this Agreement, suitable methods for determining the age of a building or structure include, but are not limited to: (1) Obtaining the opinion of a consultant who meets the Secretary of Interior's Professional Qualifications Standards for Historian or for Architectural Historian (36 CFR part 61); or (2) consulting public records.

    2. The building or structure is inside the boundary of a historic district, or if the antenna is visible from the ground level of a historic district, the building or structure is within 250 feet of the boundary of the historic district, and the collocation does not meet the criteria established in Stipulation VII herein for collocations of small or minimally visible antennas; or,

    3. The building or non-tower structure is a designated National Historic Landmark, or listed in or eligible for listing in the National Register of Historic Places based upon the review of the FCC, licensee, tower company or applicant for an antenna license, and the collocation does not meet the criteria established in Stipulation VII herein for collocations of small or minimally visible antennas; or,

    4. The collocation licensee or the owner of the building or non-tower structure has received written or electronic notification that the FCC is in receipt of a complaint from a member of the public, an Indian Tribe, a SHPO or the Council, that the collocation has an adverse effect on one or more historic properties. Any such complaint must be in writing and supported by substantial evidence describing how the effect from the collocation is adverse to the attributes that qualify any affected historic property for eligibility or potential eligibility for the National Register.

    B. An antenna (including associated equipment included in the definition of Antenna in Stipulation I.A.) may be mounted in the interior of a building, regardless of the building's age or location in a historic district and regardless of the antenna's size, without such collocation being reviewed through the Section 106 process set forth in the NPA, unless:

    1) The building is a designated National Historic Landmark, or listed in or eligible for listing in the National Register of Historic Places; or,

    2) The collocation licensee or the owner of the building has received written or electronic notification that the FCC is in receipt of a complaint from a member of the public, an Indian Tribe, a SHPO or the Council, that the collocation has an adverse effect on one or more historic properties. Any such complaint must be in writing and supported by substantial evidence describing how the effect from the collocation is adverse to the attributes that qualify any affected historic property for eligibility or potential eligibility for the National Register.

    C. Subsequent to the collocation of an antenna, should the SHPO/THPO or Council determine that the collocation of the antenna or its associated equipment installed under the terms of Stipulation V has resulted in an adverse effect on historic properties, the SHPO/THPO or Council may notify the FCC accordingly. The FCC shall comply with the requirements of Section 106 and the NPA for this particular collocation.

    VI. ADDITIONAL EXCLUSION FOR COLLOCATION OF SMALL WIRELESS ANTENNAS AND ASSOCIATED EQUIPMENT ON BUILDING AND NON-TOWER STRUCTURES THAT ARE OUTSIDE OF HISTORIC DISTRICTS AND ARE NOT HISTORIC PROPERTIES

    A. A small wireless antenna (including associated equipment included in the definition of Antenna in Stipulation I.A.) may be mounted on an existing building or non-tower structure or in the interior of a building regardless of the building's or structure's age without such collocation being reviewed through the Section 106 process set forth in the NPA unless:

    1. The building or structure is inside the boundary of a historic district, or if the antenna is visible from the ground level of a historic district, the building or structure is within 250 feet of the boundary of the historic district, and the collocation does not meet the criteria established in Stipulation VII herein for collocations of small or minimally visible antennas; or,

    2. The building or non-tower structure is a designated National Historic Landmark; or,

    3. The building or non-tower structure is listed in or eligible for listing in the National Register of Historic Places, and the collocation does not meet the criteria established in Stipulation VII herein for collocations of small or minimally visible antennas; or,

    4. The collocation licensee or the owner of the building or non-tower structure has received written or electronic notification that the FCC is in receipt of a complaint from a member of the public, an Indian Tribe, a SHPO or the Council, that the collocation has an adverse effect on one or more historic properties. Any such complaint must be in writing and supported by substantial evidence describing how the effect from the collocation is adverse to the attributes that qualify any affected historic property for eligibility or potential eligibility for the National Register; or,

    5. The antennas and associated equipment exceed the volume limits specified below:

    a. Each individual antenna, excluding the associated equipment (as defined in the definition of Antenna in Stipulation I.A.), that is part of the collocation must fit within an enclosure (or if the antenna is exposed, within an imaginary enclosure, i.e., one that would be the correct size to contain the equipment) that is individually no more than three cubic feet in volume, and all antennas on the structure, including any pre-existing antennas on the structure, must in aggregate fit within enclosures (or if the antennas are exposed, within imaginary enclosures, i.e., ones that would be the correct size to contain the equipment) that total no more than six cubic feet in volume; and,

    b. All other wireless equipment associated with the structure, including pre-existing enclosures and including equipment on the ground associated with antennas on the structure, but excluding cable runs for the connection of power and other services, may not cumulatively exceed:

    i. 28 cubic feet for collocations on all non-pole structures (including but not limited to buildings and water tanks) that can support fewer than 3 providers; or,

    ii. 21 cubic feet for collocations on all pole structures (including but not limited to light poles, traffic signal poles, and utility poles) that can support fewer than 3 providers; or,

    iii. 35 cubic feet for non-pole collocations that can support at least 3 providers; or,

    iv. 28 cubic feet for pole collocations that can support at least 3 providers; or,

    6. The depth and width of any proposed ground disturbance associated with the collocation exceeds the depth and width of any previous ground disturbance (including footings and other anchoring mechanisms). Up to four lightning grounding rods of no more than three-quarters of an inch in diameter may be installed per project regardless of the extent of previous ground disturbance.

    B. The volume of any deployed equipment that is not visible from public spaces at the ground level from 250 feet or less may be omitted from the calculation of volumetric limits cited in this Section.

    C. Subsequent to the collocation of an antenna, should the SHPO/THPO or Council determine that the collocation of the antenna or its associated equipment installed under the terms of Stipulation VI has resulted in an adverse effect on historic properties, the SHPO/THPO or Council may notify the FCC accordingly. The FCC shall comply with the requirements of Section 106 and the NPA for this particular collocation.

    VII. ADDITIONAL EXCLUSIONS FOR COLLOCATION OF SMALL OR MINIMALLY VISIBLE WIRELESS ANTENNAS AND ASSOCIATED EQUIPMENT IN HISTORIC DISTRICTS OR ON HISTORIC PROPERTIES

    A. A small antenna (including associated equipment included in the definition of Antenna in Stipulation I.A.) may be mounted on a building or non-tower structure or in the interior of a building that is (1) a historic property (including a property listed in or eligible for listing in the National Register of Historic Places) or (2) inside or within 250 feet of the boundary of a historic district without being reviewed through the Section 106 process set forth in the NPA, provided that:

    1. The property on which the equipment will be deployed is not a designated National Historic Landmark.

    2. The antenna or antenna enclosure (including any existing antenna), excluding associated equipment, is the only equipment that is visible from the ground level, or from public spaces within the building (if the antenna is mounted in the interior of a building), and provided that the following conditions are met:

    a. No other antennas on the building or non-tower structure are visible from the ground level, or from public spaces within the building (for an antenna mounted in the interior of a building);

    b. The antenna that is part of the collocation fits within an enclosure (or if the antenna is exposed, within an imaginary enclosure i.e., one that would be the correct size to contain the equipment) that is no more than three cubic feet in volume; and,

    c. The antenna is installed using stealth techniques that match or complement the structure on which or within which it is deployed;

    3. The antenna's associated equipment is not visible from:

    a. The ground level anywhere in a historic district (if the antenna is located inside or within 250 feet of the boundary of a historic district); or,

    b. Immediately adjacent streets or public spaces at ground level (if the antenna is on a historic property that is not in a historic district); or,

    c. Public spaces within the building (if the antenna is mounted in the interior of a building).

    4. The facilities (including antenna(s) and associated equipment identified in the definition of Antenna in Stipulation I.A.) are installed in a way that does not damage historic materials and permits removal of such facilities without damaging historic materials;

    5. The depth and width of any proposed ground disturbance associated with the collocation does not exceed the depth and width of any previous ground disturbance (including footings and other anchoring mechanisms). Up to four lightning grounding rods of no more than three-quarters of an inch in diameter may be installed per project, regardless of the extent of previous ground disturbance; and

    6. The collocation licensee or the owner of the building or non-tower structure has not received written or electronic notification that the FCC is in receipt of a complaint from a member of the public, an Indian Tribe, a SHPO or the Council, that the collocation has an adverse effect on one or more historic properties. Any such complaint must be in writing and supported by substantial evidence describing how the effect from the collocation is adverse to the attributes that qualify any affected historic property for eligibility or potential eligibility for the National Register.

    B. A small antenna (including associated equipment included in the definition of Antenna in Stipulation I.A.) may be mounted on a utility pole or electric transmission tower (but not including light poles, lamp posts, and other structures whose primary purpose is to provide public lighting) that is in active use by a utility company (as defined in Section 224 of the Communications Act) or by a cooperatively-owned, municipal, or other governmental agency and is either: (1) A historic property (including a property listed in or eligible for listing in the National Register of Historic Places); (2) located on a historic property (including a property listed in or eligible for listing in the National Register of Historic Places); or (3) located inside or within 250 feet of the boundary of a historic district, without being reviewed through the Section 106 process set forth in the NPA, provided that:

    1. The utility pole or electric transmission tower on which the equipment will be deployed is not located on a designated National Historic Landmark;

    2. The antenna, excluding the associated equipment, fits within an enclosure (or if the antenna is exposed, within an imaginary enclosure, i.e., one that would be the correct size to contain the equipment) that is no more than three cubic feet in volume, with a cumulative limit of 6 cubic feet if there is more than one antenna/antenna enclosure on the structure;

    3. The wireless equipment associated with the antenna and any pre-existing antennas and associated equipment on the structure, but excluding cable runs for the connection of power and other services, are cumulatively no more than 21 cubic feet in volume;

    4. The depth and width of any proposed ground disturbance associated with the collocation does not exceed the depth and width of any previous ground disturbance (including footings and other anchoring mechanisms). Up to four lightning grounding rods of no more than three-quarters of an inch in diameter may be installed per project, regardless of the extent of previous ground disturbance; and

    5. The collocation licensee or the owner of the utility pole or electric transmission tower has not received written or electronic notification that the FCC is in receipt of a complaint from a member of the public, an Indian Tribe, a SHPO or the Council, that the collocation has an adverse effect on one or more historic properties. Any such complaint must be in writing and supported by substantial evidence describing how the effect from the collocation is adverse to the attributes that qualify any affected historic property for eligibility or potential eligibility for the National Register.

    C. Proposals to mount a small antenna on a traffic control structure (i.e., traffic light) or on a light pole, lamp post or other structure whose primary purpose is to provide public lighting, where the structure is located inside or within 250 feet of the boundary of a historic district, are generally subject to review through the Section 106 process set forth in the NPA. These proposed collocations will be excluded from such review on a case-by-case basis, if (1) the collocation licensee or the owner of the structure has not received written or electronic notification that the FCC is in receipt of a complaint from a member of the public, an Indian Tribe, a SHPO or the Council, that the collocation has an adverse effect on one or more historic properties; and (2) the structure is not historic (not a designated National Historic Landmark or a property listed in or eligible for listing in the National Register of Historic Places) or considered a contributing or compatible element within the historic district, under the following procedures:

    1. The applicant must request in writing that the SHPO concur with the applicant's determination that the structure is not a contributing or compatible element within the historic district.

    2. The applicant's written request must specify the traffic control structure, light pole, or lamp post on which the applicant proposes to collocate and explain why the structure is not a contributing element based on the age and type of structure, as well as other relevant factors.

    3. The SHPO has thirty days from its receipt of such written notice to inform the applicant whether it disagrees with the applicant's determination that the structure is not a contributing or compatible element within the historic district.

    4. If within the thirty-day period, the SHPO informs the applicant that the structure is a contributing element or compatible element within the historic district or that the applicant has not provided sufficient information for a determination, the applicant may not deploy its facilities on that structure without completing the Section 106 review process.

    5. If, within the thirty day period, the SHPO either informs the applicant that the structure is not a contributing or compatible element within the historic district, or the SHPO fails to respond to the applicant within the thirty-day period, the applicant has no further Section 106 review obligations, provided that the collocation meets the following requirements:

    a. The antenna, excluding the associated equipment, fits within an enclosure (or if the antenna is exposed, within an imaginary enclosure, i.e., one that would be the correct size to contain the equipment) that is no more than three cubic feet in volume, with a cumulative limit of 6 cubic feet if there is more than one antenna/antenna enclosure on the structure;

    b. The wireless equipment associated with the antenna and any pre-existing antennas and associated equipment on the structure, but excluding cable runs for the connection of power and other services, are cumulatively no more than 21 cubic feet in volume; and,

    c. The depth and width of any proposed ground disturbance associated with the collocation does not exceed the depth and width of any previous ground disturbance (including footings and other anchoring mechanisms). Up to four lightning grounding rods of no more than three-quarters of an inch in diameter may be installed per project, regardless of the extent of previous ground disturbance.

    D. A small antenna mounted inside a building or non-tower structure and subject to the provisions of this Stipulation VII is to be installed in a way that does not damage historic materials and permits removal of such facilities without damaging historic materials.

    E. Subsequent to the collocation of an antenna, should the SHPO/THPO or Council determine that the collocation of the antenna or its associated equipment installed under the terms of Stipulation VII has resulted in an adverse effect on historic properties, the SHPO/THPO or Council may notify the FCC accordingly. The FCC shall comply with the requirements of Section 106 and the NPA for this particular collocation.

    VIII. REPLACEMENTS ON SMALL WIRELESS ANTENNAS AND ASSOCIATED EQUIPMENT

    A. An existing small antenna that is mounted on a building or non-tower structure or in the interior of a building that is (1) a historic property (including a designated National Historic Landmark or a property listed in or eligible for listing in the National Register of Historic Places); (2) inside or within 250 feet of the boundary of a historic district; or (3) located on or inside a building or non-tower structure that is over 45 years of age, regardless of visibility, may be replaced without being reviewed through the Section 106 process set forth in the NPA, provided that:

    1. The antenna deployment being replaced has undergone Section 106 review, unless either (a) such review was not required at the time that the antenna being replaced was installed, or (b) for deployments on towers, review is not required pursuant to Stipulation III above.

    2. The facility is a replacement for an existing facility, and it does not exceed the greater of:

    a. The size of the existing antenna/antenna enclosure and associated equipment that is being replaced; or,

    b. The following limits for the antenna and its associated equipment:

    i. The antenna, excluding the associated equipment, fits within an enclosure (or if the antenna is exposed, within an imaginary enclosure, i.e., one that would be the correct size to contain the equipment) that is no more than three cubic feet in volume, with a cumulative limit of 6 cubic feet if there is more than one antenna/antenna enclosure on the structure; and,

    ii. The wireless equipment associated with the antenna and any pre-existing antennas and associated equipment on the structure, but excluding cable runs for the connection of power and other services, are cumulatively no more than 21 cubic feet in volume; and,

    3. The replacement of the facilities (including antenna(s) and associated equipment as defined in Stipulation I.A.) does not damage historic materials and permits removal of such facilities without damaging historic materials; and,

    4. The depth and width of any proposed ground disturbance associated with the collocation does not exceed the depth and width of any previous ground disturbance (including footings and other anchoring mechanisms). Up to four lightning grounding rods of no more than three-quarters of an inch in diameter may be installed per project, regardless of the extent of previous ground disturbance.

    B. A small antenna mounted inside a building or non-tower structure and subject to the provisions of this Stipulation VIII is to be installed in a way that does not damage historic materials and permits removal of such facilities without damaging historic materials.

    IX. RESERVATION OF RIGHTS

    Neither execution of this Agreement, nor implementation of or compliance with any term herein shall operate in any way as a waiver by any party hereto, or by any person or entity complying herewith or affected hereby, of a right to assert in any court of law any claim, argument or defense regarding the validity or interpretation of any provision of the National Historic Preservation Act (54 U.S.C. 300101 et seq.) or its implementing regulations contained in 36 CFR part 800.

    X. MONITORING

    A. FCC licensees shall retain records of the placement of all licensed antennas, including collocations subject to this Nationwide Programmatic Agreement, consistent with FCC rules and procedures.

    B. The Council will forward to the FCC and the relevant SHPO any written objections it receives from members of the public regarding a collocation activity or general compliance with the provisions of this Nationwide Programmatic Agreement within thirty (30) days following receipt of the written objection. The FCC will forward a copy of the written objection to the appropriate licensee or tower owner.

    C. Any member of the public may notify the FCC of concerns it has regarding the application of this Programmatic Agreement within a State or with regard to the review of individual undertakings covered or excluded under the terms of this Agreement. Comments shall be directed to the FCC's Federal Preservation Officer. The FCC will consider public comments and, following consultation with the SHPO, potentially affected Tribes, or the Council, as appropriate, take appropriate actions. The FCC shall notify the objector of the outcome of its actions.

    XI. AMENDMENTS

    If any signatory to this Nationwide Collocation Programmatic Agreement believes that this Agreement should be amended, that signatory may at any time propose amendments, whereupon the signatories will consult to consider the amendments. This agreement may be amended only upon the written concurrence of the signatories.

    XII. TERMINATION

    A. If the FCC determines, or if NCSHPO determines on behalf of its members, that it or they cannot implement the terms of this Nationwide Collocation Programmatic Agreement, or if the FCC, NCSHPO or the Council determines that the Programmatic Agreement is not being properly implemented or that the spirit of Section 106 is not being met by the parties to this Programmatic Agreement, the FCC, NCSHPO or the Council may propose to the other signatories that the Programmatic Agreement be terminated.

    B. The party proposing to terminate the Programmatic Agreement shall notify the other signatories in writing, explaining the reasons for the proposed termination and the particulars of the asserted improper implementation. Such party also shall afford the other signatories a reasonable period of time of no less than thirty (30) days to consult and remedy the problems resulting in improper implementation. Upon receipt of such notice, the parties shall consult with each other and notify and consult with other entities that either are involved in such implementation or would be substantially affected by termination of this Agreement, and seek alternatives to termination. Should the consultation fail to produce within the original remedy period or any extension a reasonable alternative to termination, a resolution of the stated problems, or convincing evidence of substantial implementation of this Agreement in accordance with its terms, this Programmatic Agreement shall be terminated thirty days after notice of termination is served on all parties and published in the Federal Register.

    C. In the event that the Programmatic Agreement is terminated, the FCC shall advise its licensees and tower owner and management companies of the termination and of the need to comply with any applicable Section 106 requirements on a case-by-case basis for collocation activities.

    XIII. ANNUAL MEETING OF THE SIGNATORIES

    The signatories to this Nationwide Collocation Programmatic Agreement will meet annually on or about the anniversary of the effective date of the NPA to discuss the effectiveness of this Agreement and the NPA, including any issues related to improper implementation, and to discuss any potential amendments that would improve the effectiveness of this Agreement.

    XIV. DURATION OF THE PROGRAMMATIC AGREEMENT

    This Programmatic Agreement for collocation shall remain in force unless the Programmatic Agreement is terminated or superseded by a comprehensive Programmatic Agreement for wireless communications antennas.

    Execution of this Nationwide Programmatic Agreement by the FCC, NCSHPO and the Council, and implementation of its terms, constitutes evidence that the FCC has afforded the Council an opportunity to comment on the collocation as described herein of antennas covered under the FCC's rules, and that the FCC has taken into account the effects of these collocations on historic properties in accordance with Section 106 of the National Historic Preservation Act and its implementing regulations, 36 CFR part 800.

    FEDERAL COMMUNICATIONS COMMISSION Date: NATIONAL CONFERENCE OF STATE HISTORIC PRESERVATION OFFICERS Date: ADVISORY COUNCIL ON HISTORIC PRESERVATION Date:
    [FR Doc. 2016-20427 Filed 8-26-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066-5717-02] RIN 0648-XE820 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries AGENCY:

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

    ACTION:

    Temporary rule; inseason General category retention limit adjustment.

    SUMMARY:

    NMFS is adjusting the Atlantic bluefin tuna (BFT) General category daily retention limit from the default limit of one large medium or giant BFT to five large medium or giant BFT for the September, October through November, and December subquota time periods of the 2016 fishing year. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments, and applies to Atlantic Tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels when fishing commercially for BFT.

    DATES:

    Effective September 1, 2016, through December 31, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Sarah McLaughlin or Brad McHale, 978-281-9260.

    SUPPLEMENTARY INFORMATION:

    Regulations implemented under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S. BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) among the various domestic fishing categories, per the allocations established in the 2006 Atlantic Consolidated Highly Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006), as amended by Amendment 7 to the 2006 Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014), and in accordance with implementing regulations. NMFS is required under ATCA and the Magnuson-Stevens Act to provide U.S. fishing vessels with a reasonable opportunity to harvest the ICCAT-recommended quota.

    The currently codified baseline U.S. quota is 1,058.9 mt (not including the 25 mt ICCAT allocated to the United States to account for bycatch of BFT in pelagic longline fisheries in the Northeast Distant Gear Restricted Area). Among other things, Amendment 7 revised the allocations to all quota categories, effective January 1, 2015. See § 635.27(a). The currently codified General category quota is 466.7 mt. Each of the General category time periods (“January,” June through August, September, October through November, and December) is allocated a portion of the annual General category quota. The codified baseline General category subquotas include 123.7 mt for September, 60.7 mt for October through November, and 24.3 mt for December. NMFS transferred 21 mt of BFT quota from the December 2016 subquota to the January 2016 subquota period (80 FR 77264, December 14, 2015).

    Adjustment of General Category Daily Retention Limit

    Unless changed, the General category daily retention limit starting on September 1 would be the default retention limit of one large medium or giant BFT (measuring 73 inches (185 cm) curved fork length (CFL) or greater) per vessel per day/trip (§ 635.23(a)(2)). This default retention limit would apply to General category permitted vessels and to HMS Charter/Headboat category permitted vessels when fishing commercially for BFT.

    For the 2015 fishing year, NMFS adjusted the daily retention limit from the default level of one large medium or giant BFT to three large medium or giant BFT for the January subquota period (79 FR 77943, December 29, 2014), which closed March 31, 2015 (the regulations allow the General category fishery under the “January” subquota to continue until the subquota is reached, or March 31, whichever comes first); four large medium or giant BFT for the June through August subquota period (80 FR 27863; May 15, 2015) as well as for September 1 through November 27, 2015 (80 FR 51959; August 27, 2015); and three large medium or giant BFT for November 28 through December 31, 2015 (80 FR 74997; December 1, 2015). NMFS adjusted the daily retention limit for the 2016 January subquota period (which closed March 31) from the default level of one large medium or giant BFT to three large medium or giant BFT in the same action as the 24.3-mt transfer from the December 2016 subquota period to the January 2016 subquota period (80 FR 77264; December 14, 2015). For the June through August 2016 subquota period, NMFS adjusted the daily retention limit to five large medium or giant BFT (81 FR 29501; May 12, 2016).

    Under § 635.23(a)(4), NMFS may increase or decrease the daily retention limit of large medium and giant BFT over a range of zero to a maximum of five per vessel based on consideration of the relevant criteria provided under § 635.27(a)(8), which are: The usefulness of information obtained from catches in the particular category for biological sampling and monitoring of the status of the stock; the catches of the particular category quota to date and the likelihood of closure of that segment of the fishery if no adjustment is made; the projected ability of the vessels fishing under the particular category quota to harvest the additional amount of BFT before the end of the fishing year; the estimated amounts by which quotas for other gear categories of the fishery might be exceeded; effects of the adjustment on BFT rebuilding and overfishing; effects of the adjustment on accomplishing the objectives of the FMP; variations in seasonal distribution, abundance, or migration patterns of BFT; effects of catch rates in one area precluding vessels in another area from having a reasonable opportunity to harvest a portion of the category's quota; review of dealer reports, daily landing trends, and the availability of the BFT on the fishing grounds; optimizing fishing opportunity; accounting for dead discards, facilitating quota monitoring, supporting other fishing monitoring programs through quota allocations and/or generation of revenue; and support of research through quota allocations and/or generation of revenue.

    NMFS has considered these criteria and their applicability to the General category BFT retention limit for September through December 2016. These considerations include, but are not limited to, the following: Regarding the usefulness of information obtained from catches in the particular category for biological sampling and monitoring of the status of the stock, biological samples collected from BFT landed by General category fishermen and provided by BFT dealers continue to provide NMFS with valuable data for ongoing scientific studies of BFT age and growth, migration, and reproductive status. Additional opportunity to land BFT would support the collection of a broad range of data for these studies and for stock monitoring purposes.

    Regarding the effects of the adjustment on BFT rebuilding and overfishing and the effects of the adjustment on accomplishing the objectives of the FMP, as this action would be taken consistent with the previously implemented and analyzed quotas, it is not expected to negatively impact stock health or otherwise affect the stock in ways not previously analyzed, including on rebuilding, overfishing, or the objectives of the FMP. It is also supported by the Environmental Assessment for the 2011 final rule regarding General and Harpoon category management measures, which increased the General category maximum daily retention limit from three to five fish (76 FR 74003; November 30, 2011).

    Another principal consideration in setting the retention limit is the objective of providing opportunities to harvest the full General category quota without exceeding it based on the goals of the 2006 Consolidated HMS FMP and Amendment 7, including to achieve optimum yield on a continuing basis and to optimize the ability of all permit categories to harvest their full BFT quota allocations. This retention limit would be consistent with the quotas established and analyzed in the BFT quota final rule (80 FR 52198; August 28, 2015), and with objectives of the 2006 Consolidated HMS FMP and amendments, and is not expected to negatively impact stock health or to affect the stock in ways not already analyzed in those documents. It is also important that NMFS limit landings to BFT subquotas both to adhere to the FMP quota allocations and to ensure that landings are as consistent as possible with the pattern of fishing mortality (e.g., fish caught at each age) that was assumed in the projections of stock rebuilding.

    Commercial-size BFT migrated to the fishing grounds off the northeast U.S. coast by early June and are actively being landed. As of August 17, 2016, approximately 210 mt of the 2016 General category quota of 466.7 mt have been landed, and landings rates remain at approximately 1-2 mt per day. Given the rollover of unused quota from one time period to the next, current catch rates, and the fact that the daily retention limit will automatically revert to one large medium or giant BFT per vessel per day on September 1, 2016, absent agency action, NMFS anticipates the full 2016 General category quota may not be harvested. In September through December 2015, under a four-fish limit through November 27 and a three-fish limit November 28 through December 31, BFT landings were approximately 410 mt. See below for description of 2015 quota transfers to the General category. For the entire 2015 fishing year, 131.7 percent and 95.1 percent of the baseline and adjusted General category quota was filled, respectively. However, in 2014, 94.6 percent of the available (i.e., baseline) General category quota was filled under a four-fish limit (i.e., the full 2014 General category quota was not harvested).

    Despite elevated General category limits, the vast majority of successful trips (i.e., General or Charter/Headboat trips on which at least one BFT is landed under General category quota) land only one or two BFT. For instance, the landings data for 2015 show that, under the four-fish limit that applied June 1 through November 27, the percentage of trips that landed one, two, three, or four BFT was as follows: 76 percent landed one BFT; 14 percent landed two BFT; 5 percent landed three BFT; and 5 percent landed four BFT. In the last few years, NMFS has received some comments that a high daily retention limit (specifically five fish) is needed to optimize General category fishing opportunities and account for seasonal distributions by enabling vessels to make overnight trips to distant fishing grounds.

    NMFS anticipates that some underharvest of the 2015 adjusted U.S. BFT quota will be carried forward to 2016 to the Reserve category, in accordance with the regulations implementing Amendment 7, later this summer when complete BFT catch information for 2015 is available and finalized. This, in addition to the fact that any unused General category quota will roll forward to the next subperiod within the calendar year, makes it possible that General category quota will remain available through the end of 2016 for December fishery participants, even if NMFS sets higher daily retention limits for the earlier periods. NMFS also may choose to transfer unused quota from the Reserve or other categories inseason based on consideration of the regulatory determination criteria, as NMFS did for late 2015 (80 FR 68265, November 4, 2015; 80 FR 74997, December 1, 2015). Those transfers were intended to provide additional opportunities to harvest the U.S. BFT quota without exceeding it. Therefore, NMFS anticipates that General category participants in all areas and time periods will have opportunities to harvest the 2016 General category quota.

    A limit lower than five fish could result in unused quota being rolled forward to the subsequent subquota time period in the General category season. Increasing the daily retention limit from the default may prevent rolling an excessive amount of unused quota forward from one subquota time period to the next. Increasing the daily retention limit to five fish will increase the likelihood that the General category BFT landings will approach, but not exceed, the annual quota, as well as increase the opportunity for catching BFT during the September, October through November, and December subquota periods. Increasing opportunity within each subquota period is also important because of the migratory nature and seasonal distribution of BFT. In a particular geographic region, or waters accessible from a particular port, the amount of fishing opportunity for BFT may be constrained by the short amount of time the BFT are present.

    Based on these considerations, NMFS has determined that a five-fish General category retention limit is warranted. It would provide a reasonable opportunity to harvest the full U.S. BFT quota (including the expected increase in available 2016 quota based on 2015 underharvest), without exceeding it, while maintaining an equitable distribution of fishing opportunities; help optimize the ability of the General category to harvest its full quota; allow the collection of a broad range of data for stock monitoring purposes; and be consistent with the objectives of the 2006 Consolidated HMS FMP, as amended. Therefore, NMFS increases the General category retention limit from the default limit (one) to five large medium or giant BFT per vessel per day/trip, effective September 1, 2016, through December 31, 2016.

    Regardless of the duration of a fishing trip, no more than a single day's retention limit may be possessed, retained, or landed. For example (and specific to the September through December 2016 limit), whether a vessel fishing under the General category limit takes a two-day trip or makes two trips in one day, the daily limit of five fish may not be exceeded upon landing. This General category retention limit is effective in all areas, except for the Gulf of Mexico, where NMFS prohibits targeting fishing for BFT, and applies to those vessels permitted in the General category, as well as to those HMS Charter/Headboat permitted vessels fishing commercially for BFT.

    Monitoring and Reporting

    NMFS will continue to monitor the BFT fishery closely. Dealers are required to report landings within 24 hours of a dealer receiving BFT. General, HMS Charter/Headboat, Harpoon, and Angling category vessel owners are required to report the catch of all BFT retained or discarded dead, within 24 hours of the landing(s) or end of each trip, by accessing hmspermits.noaa.gov. Depending on the level of fishing effort and catch rates of BFT, NMFS may determine that additional adjustment or closure is necessary to ensure available quota is not exceeded or to enhance scientific data collection from, and fishing opportunities in, all geographic areas. If needed, subsequent adjustments will be published in the Federal Register. In addition, fishermen may call the Atlantic Tunas Information Line at (978) 281-9260, or access hmspermits.noaa.gov, for updates on quota monitoring and inseason adjustments.

    Classification

    The Assistant Administrator for NMFS (AA) finds that it is impracticable and contrary to the public interest to provide prior notice of, and an opportunity for public comment on, this action for the following reasons:

    Prior notice is impracticable because the regulations implementing the 2006 Consolidated HMS FMP, as amended, intended that inseason retention limit adjustments would allow the agency to respond quickly to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. Based on available BFT quotas, fishery performance in recent years, and the availability of BFT on the fishing grounds, responsive adjustment to the General category BFT daily retention limit from the default level is warranted to allow fishermen to take advantage of the availability of fish and of quota. For such adjustment to be practicable, it must occur in a timeframe that allows fishermen to take advantage of it.

    Delays in increasing these retention limits would adversely affect those General and Charter/Headboat category vessels that would otherwise have an opportunity to harvest more than the default retention limit of one BFT per day/trip and may result in low catch rates and quota rollovers. Analysis of available data shows that adjustment to the BFT daily retention limit from the default level would result in minimal risks of exceeding the ICCAT-allocated quota. With quota available and fish available on the grounds, and with no measurable impacts to the stock, it would be contrary to the public interest to require vessels to wait to harvest the fish allowed through this action. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment.

    Adjustment of the General category retention limit needs to be effective September 1, 2016, or as soon as possible thereafter, to minimize any unnecessary disruption in fishing patterns, to allow the impacted sectors to benefit from the adjustment, and to not preclude fishing opportunities for fishermen in geographic areas with access to the fishery only during this time period. Foregoing opportunities to harvest the respective quotas may have negative social and economic impacts for U.S. fishermen that depend upon catching the available quota within the time periods designated in the 2006 Consolidated HMS FMP, as amended. Therefore, the AA finds there is also good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.

    This action is being taken under § 635.23(a)(4) and is exempt from review under Executive Order 12866.

    Authority:

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

    Dated: August 24, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-20768 Filed 8-25-16; 4:15 pm] BILLING CODE 3510-22-P
    81 167 Monday, August 29, 2016 Proposed Rules DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Parts 12 and 127 [USCBP-2016-0056] RIN 1515-AE13 Toxic Substance Control Act Chemical Substance Import Certification Process Revisions AGENCY:

    U.S. Customs and Border Protection, Department of Homeland Security, Department of the Treasury.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    This document proposes to amend the U.S. Customs and Border Protection (CBP) regulations regarding the requirement to file a Toxic Substances Control Act (TSCA) certification when importing into the customs territory of the United States chemicals in bulk form or as part of mixtures and articles containing a chemical or mixture. The proposed regulations include an electronic option for filing TSCA certifications, consistent with the Security and Accountability for Every Port Act of 2006. This document also proposes to clarify and add certain definitions, and to eliminate the paper-based blanket certification process. The document was prepared in consultation with the Environmental Protection Agency (EPA), the agency with primary responsibility for implementing TSCA.

    DATES:

    Comments must be received on or before September 28, 2016.

    ADDRESSES:

    You may submit comments, identified by docket number USCBP-2016-0056, by one of the following methods:

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

    Mail: Trade and Commercial Regulations Branch, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection, 90 K Street NE., 10th Floor, Washington, DC 20229-1177.

    Instructions: All submissions received must include the agency name and docket title for this rulemaking, and must reference docket number USCBP-2016-0056. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Participation” heading of the SUPPLEMENTARY INFORMATION section of the document.

    Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov. Submitted comments may also be inspected during business days between the hours of 9:00 a.m. and 4:30 p.m. at the Office of Trade, Customs and Border Protection, 90 K Street NE., 10th Floor, Washington, DC. Arrangements to inspect submitted comments should be made in advance by calling Mr. Joseph Clark at (202) 325-0118.

    FOR FURTHER INFORMATION CONTACT:

    For operational issues related to the filing of EPA forms with CBP, contact William R. Scopa, Branch Chief, Partner Government Agency Branch, Trade Policy and Programs, Office of Trade, at [email protected] For EPA policy questions, contact Harlan Weir, at [email protected]

    SUPPLEMENTARY INFORMATION: Public Participation

    Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of the proposed rule. CBP also invites comments that relate to the economic, environmental, or federalism effects that might result from this proposed rulemaking. Comments that will provide the most assistance to CBP will reference a specific portion of the proposed rulemaking, explain the reason for any recommended change, and include data, information, or authority that support such recommended change. See ADDRESSES above for information on how to submit comments. CBP is particularly interested in comments on the following issues:

    • Does collection of the names, phone number, and email address of the TSCA import certifier impact your business/industry? If so, how (to the extent possible, please quantify impacts)?

    • Does the electronic submission of TSCA certifications to ACE affect your business/industry? If so, how (to the extent possible, please quantify impacts)?

    Background I. Authority A. Toxic Substances Control Act (TSCA)

    In 1976, Congress enacted the Toxic Substances Control Act (TSCA) in order to, among other things, protect human health and the environment against unreasonable risks resulting from manufacture, distribution in commerce, processing, use, or disposal of chemical substances or mixtures. (15 U.S.C. 2601 et seq.) The U.S. Environmental Protection Agency (EPA) is the agency primarily responsible for implementation of TSCA. Section 13 of TSCA (15 U.S.C. 2612) governs the entry of those chemical substances and mixtures, and articles containing such chemical substances or mixtures into the customs territory of the United States and authorizes the Secretary of the Treasury, authority subsequently delegated to the U.S. Customs and Border Protection (CBP), to refuse entry of any chemical substance, mixture, or article that: (1) Fails to comply with any rule in effect under TSCA; or (2) is offered for entry in violation of TSCA section 5 or 6 (15 U.S.C. 2604 or 2605) or Subchapter IV (15 U.S.C. 2681 et seq.), or in violation of a rule or order under those provisions or in violation of an order issued in a civil action brought under TSCA section 5 or 7 (15 U.S.C. 2604 or 2606) or Subchapter IV (15 U.S.C. 2681 et seq.). Section 13 also sets forth procedural requirements in connection with an entry refusal and authorizes CBP, after consultation with EPA, to issue rules for the administration of section 13.

    B. Current Regulations

    The CBP regulations implementing section 13 are contained in §§ 12.118 through 12.127 and § 127.28 of title 19 of the Code of Federal Regulations (19 CFR 12.118 through 12.127 and 127.28).

    Section 12.118 describes the statutory authority for the promulgation of regulations under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), by the Secretary of Treasury in consultation with the Administrator of EPA.

    Section 12.119 sets forth the scope of the regulations in §§ 12.120 through 12.127 stating that these provisions apply to the importation into the customs territory of the United States of chemical substances in bulk form and as part of mixtures under TSCA as well as articles containing a chemical substance or mixture if so required by the Administrator by specific rule under TSCA. Section 12.120 provides definitions for purposes of the TSCA regulations.

    Under 19 CFR 12.121(a), when a TSCA chemical substance is imported in bulk form or as part of a mixture or a non-TSCA chemical is imported, an importer or the importer's customs broker must submit a signed certification stating either: (1) All chemical substances in the shipment comply with all applicable rules or orders under TSCA and that the importer is not offering a chemical substance for entry in violation of TSCA or any rule or order thereunder (a positive certification), or (2) all chemicals in the shipment are not subject to TSCA (a negative certification). Section 12.121(b) states that the provisions of paragraph (a) apply to a TSCA chemical substance or mixture as part of an article only when required by a rule or order under TSCA.

    Under 19 CFR 12.121(a)(2)(i), the TSCA certification must be filed with the director of the port of entry before release of the shipment. The certification may appear as a typed or stamped statement either: (1) On the entry document or commercial invoice, or on a preprinted attachment to the entry document or commercial invoice, or (2) in the case of a release under a special permit for an immediate delivery under 19 CFR 142.21 or in the case of an entry under 19 CFR 142.3, on the commercial invoice or an attachment to the commercial invoice. Further, importers are allowed to use paper blanket certifications under 19 CFR 12.121(a)(2)(ii).

    Section 12.125 establishes the procedures for the importer to provide notice of exportation whenever the EPA Administrator directs CBP to refuse entry under § 12.123. Under § 12.126, an importer who intends to abandon a shipment after receiving a notice of refusal of entry is directed to provide written notice of intent to abandon to CBP.

    Section 12.127 provides that a shipment detained under § 12.122 shall be considered to be unclaimed or abandoned and shall be turned over to the EPA Administrator for storage or disposition when the importer has not brought the shipment into compliance or exported the shipment within the required time limits.

    Section 127.28(i) sets forth the procedures for the disposition of special classes of merchandise that are found to be inadmissible into the United States by the EPA for not complying with the terms of TSCA.

    II. Proposed Amendments A. Description, Scope, and Definitions

    CBP is proposing changes to §§ 12.118 through 12.121 to clarify the description, scope, and definitions of the requirements for the importation of chemical substances, mixtures and articles containing a chemical substance or mixture, as well as the requirements associated with non-TSCA chemicals. In § 12.118 we propose to revise the description of the Toxic Substances Control Act for clarity. In addition, CBP proposes to clarify the scope of the regulations by revising certain definitions. The regulations currently include requirements for “chemical substances,” regardless of whether the substance is subject to TSCA. The definition of “chemical substance” in section 3(2) of the TSCA excludes certain substances, e.g., pesticides. Although these chemicals are excluded from the definition of “chemical substance” under TSCA, importers are still required to file a negative certification under § 12.121(a), to certify that the shipment is not subject to TSCA. Because using the term “chemical substance” to refer to chemicals that are not subject to TSCA may be confusing, this document proposes to clarify the scope of the regulations in § 12.119 and the reporting requirements in § 12.121 by including language that makes clear that the regulation applies to the importation of chemicals regardless of whether they are “chemical substances” subject to TSCA. In proposed § 12.120, definitions are revised to ensure consistency between the terms used in the definitions and the terms used elsewhere in these regulations.

    The EPA's regulations implementing section 13 of TSCA, codified at 40 CFR 707.20(b)(2)(ii), require the submission of a TSCA negative certification when a chemical import is not clearly identified as a pesticide or other chemical not subject to TSCA. Current CBP regulations at 19 CFR part 12 do not include an exemption from the negative certification requirement for chemicals that are clearly identified as a pesticide or other chemical not subject to TSCA, and CBP is not proposing to codify such an exemption. CBP requests comments, however, on whether such an exemption is appropriate. The requirements for TSCA certification are set forth in CBP's regulations in § 12.121, and based on the outcome of this rulemaking, CBP anticipates that if necessary EPA would adjust the imports policy statement at 40 CFR part 707 accordingly.

    This document also proposes to replace the existing definition of the term “chemical substance in bulk form” in § 12.120(b) with a definition of “TSCA chemical substance in bulk form”, and add new definitions for the terms “TSCA chemical substance as part of a mixture” in § 12.120(c) and “non-TSCA chemical” in § 12.120(d). These definitions are being revised and added to clarify that the certification obligations apply to both chemical substances and mixtures that are subject to TSCA, which require a positive certification, as well as those chemicals and mixtures that are not subject to TSCA, which require a negative certification and to ensure that terms used in the regulatory text are defined when necessary. “Mixture” is a statutory term in TSCA that does not apply to non-TSCA chemicals. Non-TSCA chemicals require a negative certification whether imported as a single non-TSCA chemical or mixed with other non-TSCA chemicals. In addition, in §§ 12.122(a) and (b), 12.123(b), 12.124(a), 12.125(b), and 127.28, this document proposes to revise references to “chemical substances, mixtures, or articles” to clarify that these regulations apply to TSCA chemical substances, mixtures, or articles as well as non-TSCA chemicals. This document also proposes to add a definition of the term “Administrator” to mean the Administrator of the EPA, and “covered commodity” to properly describe a commodity that is subject to actions under §§ 12.122 through 12.127 and § 127.28. In § 12.120, this document proposes to define the term “covered commodity” to include any merchandise that is an article, a TSCA chemical substance in bulk form, a non-TSCA chemical (as those terms are defined in § 12.120(a), (b), or (d)), or that is a mixture as defined in TSCA.

    This document proposes to revise § 12.119 to ensure that the scope of the regulation accurately reflects the requirements with regard to certain TSCA chemical substances and non-TSCA chemicals. The scope as written in the existing regulation does not accurately describe all items addressed in the regulation. This proposed rule also clarifies the limitation regarding articles (i.e., “if so required by the Administrator by specific rule under TSCA”), applies to the requirement for a certification in § 12.121, but does not apply to actions taken under § 12.122 and following sections. This document proposes, in §§ 12.122, 12.124, 12.125, and 127.28, to use the term “covered commodity” as defined in a proposed definition in § 12.120, to refer to any commodity that may be subject to those sections. In § 12.124, this proposed rule proposes to change the name of the agency from “Customs Service” to “CBP”.

    B. Electronic Option Allowed for Import Certification

    On February 10, 2016, CBP published a notice in the Federal Register (81 FR 7133) announcing that CBP was modifying the National Customs Automation Program (NCAP) test concerning electronic filings of data to ACE, known as the Partner Government Agency (PGA) Message Set test to allow for the transmission of TSCA certification data. Prior to the conclusion of that test, CBP will evaluate the test to assess the reliability and utility of the electronic TSCA certification process. If CBP determines that the TSCA NCAP test is successful, CBP will conclude that test in conjunction with the publication of the final rule implementing the changes proposed in this notice.

    The proposed regulations provide an electronic option for filing TSCA certifications, consistent with Executive Order (EO) 13659, Streamlining the Export/Import Process for America's Businesses, which seeks to reduce unnecessary procedural requirements relating to, among other things, importing into the United States, while continuing to protect our national security, public health and safety, the environment, and natural resources. See 79 FR 10657 (February 25, 2014). The proposed regulations are also consistent with the Security and Accountability for Every Port Act of 2006 (“SAFE Port Act,” 19 U.S.C. 1411(d)) which mandates that all federal agencies that require documentation for clearing or licensing the importation of cargo participate in the International Trade Data System (ITDS) by using a CBP-authorized Electronic Data Interchange (EDI) system as a single portal for the collection and distribution of standard electronic import and export data required by all participating Federal agencies.

    In order to submit an electronic positive or negative TSCA certification, importers or their agents would be required to submit their entry filings to ACE or any other CBP-authorized electronic data interchange (EDI) system. This document also proposes to require in § 12.121(a)(3) the submission of additional information relating to the certifying individual, including name, phone number, and email address for TSCA certifications submitted either in writing or electronically. The collection of contact information for the certifying individual will facilitate the resolution of issues related to particular shipments. This document also changes in § 12.121(c) the reference to paragraph (a)(1) to paragraph (a) which concerns TSCA certifications.

    C. Blanket Certifications

    CBP is proposing to eliminate the blanket certification process. The existing paper-based blanket certification process set forth in current § 12.121(a)(2)(ii) has limited utility because each blanket certification is only valid at one port of entry and is only valid for one year. In addition, the current blanket certification process is more burdensome than the current entry-specific certification process because it requires filers to report a statement referring to the blanket certification and incorporating it by reference for each entry, as well as four data elements on the blanket certification itself, including product name, Harmonized Tariff Schedule of the United States (HTSUS) subheading number, and the name and address of the foreign supplier. Because the electronic TSCA certification process will require only a certification code, along with the name and contact information of the TSCA certifier, and because the paper-based blanket certification has limited application, we believe the elimination of the blanket certification process will reduce the reporting burden for importers.

    D. Notice of Exportation and Abandonment

    In addition, this document proposes to amend §§ 12.125 and 12.126 to allow importers to provide electronic notice of exportation and abandonment as an alternative to the paper-based written notice process allowed under the existing regulations.

    The automation of these processes will modernize the way that CBP and EPA interact with importers of chemicals, and ensure effective application of regulatory controls. CBP estimates approximately 2.5 million TSCA positive certifications and 230,000 TSCA negative certifications are received annually. The electronic collection of TSCA certifications for processing in ACE will improve information access, data integration with CBP entry information, and the data quality of TSCA certifications. As a result, CBP expects improved communication among EPA, CBP, and importers.

    E. Plain Language Revisions

    CBP is proposing minor changes to §§ 12.118 through 12.127 by removing the word “shall” and revising the sentence grammar to simplify the language. The use of “shall” is imprecise and outdated. Plain language guidance recommends to replace “shall” with the word “must,” “will,” or another word that more appropriately conveys the intended meaning. This is part of the U.S. government efforts to update regulatory text per plain language guidance.

    III. Estimated Costs and Benefits of This Rule A. Costs

    The costs for the regulated community to implement TSCA certification via this proposed rule would be minimal. CBP and EPA estimate that providing the name, phone number, and email address of the import certifier would result in a net increase in information collection burden of three minutes for each of the estimated 2.5 million TSCA positive certifications and 230,000 TSCA negative certifications (increased cost of about $3 per certification), yielding an annual trade increased cost of $8.41 million.

    B. Benefits

    The use of the ACE system is intended to streamline the cargo entry and review process. The benefits to industry for implementing electronic reporting for TSCA import certification specifically would be limited in this rule compared to the overall benefits of utilizing ACE. With migration to ACE, the access plus integration with CBP entry data will facilitate interagency communications, as well as assist CBP and EPA in contacting brokers and importers (with the assistance of the new data elements for certifier contact information). Additionally, EPA staff will have improved capability to verify information for use in developing targeting strategies, and other mission critical information gathering tasks.

    IV. Statutory and Executive Order Reviews A. Executive Orders 12866 and 13563

    Executive Orders 13563 and 12866 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 (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This proposed rule is not a “significant regulatory action,” under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed this regulation. An Economic Analysis for this action, which is contained in a document entitled “Economic Analysis for Custom and Border Protection (CBP) Proposed Rule on TSCA Import Certifications in ACE/ITDS,” is available in the docket for this rulemaking and is summarized in the previous section of this document.

    B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601 et. seq.) requires federal agencies to assess the effects of regulations on small entities, including businesses, nonprofit organizations, and governments, and—in some instances—to examine alternatives to the regulations that may reduce adverse economic effects on significantly impacted small entities. Section 604 of the RFA, as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996, requires an agency to perform a regulatory flexibility analysis for a rule unless the agency certifies under section 605(b) that the regulatory action would not have a significant (economic) impact on a substantial number of small entities (SISNOSE). The RFA does not specifically define “a significant economic impact on a substantial number” of small entities.

    A small entity analysis (SEA) was conducted and summarized herein. The SEA consists of: Two quantitative analyses of impacts of the proposed rule on small entities for TSCA positive certifications, a qualitative discussion of impacts for TSCA negative certifications, and an integrative analysis of the combined universe of TSCA positive and TSCA negative certifications (all entities affected by the rule). These analyses provide information on the magnitude and extent of cost impacts for the purpose of supporting a CBP certification that the proposed rule would not result in significant (economic) impact on a substantial number of small entities (SISNOSE). For additional details, see the Economic Analysis for this action, which is contained in a document entitled “Economic Analysis for Customs and Border Protection (CBP) Proposed Rule on TSCA Import Certifications in ACE/ITDS,” and is available in the docket for this rulemaking.

    For TSCA positive certifications, the first quantitative analysis is a screening analysis of cost impacts to the smallest entities associated with TSCA positive certifications; and the second, a more detailed distributional analysis of impacts associated with TSCA positive certifications. These analyses use cost impact percentages to measure potential impacts on small parent entities affected by the proposed rule. The cost impact percentage is defined as annualized compliance costs resulting from the TSCA positive certification portion of the proposed rule as a percentage of annual revenues or sales, a commonly available and objective measure of a company's business volume. As is the expected case for this rule, when increases in regulatory costs are minimal, they represent a small fraction of a typical entity's revenue, and therefore the impacts of the regulation are minimal.

    The first quantitative analysis for TSCA positive certifications is a screening analysis that provides a concise estimate of small entity impacts under the proposed rule by examining whether an “average small parent entity” incurs significant economic impact. The results of this analysis are presented in Table 1. The second quantitative analysis is a detailed distributional analysis that provides an estimate of small entity impacts under the assumption that affected entities have the same size characteristics as the overall industry sector. The results of this analysis are presented in Table 2.

    Table 1—TSCA Positive Certification Summary of Screening Analysis Results NAICS NAICS Code description Parent entities with 0 to 4 employees Average
  • revenue
  • 1% impact 3% impact All small parent entities Average
  • revenue
  • 1% impact 3% impact
    325 a Chemical Manufacturing $1,457,186 No No $80,841,890 No No 324 b Petroleum and Coal Products Manufacturing 2,120,398 No No 556,652,918 No No a For NAICS 325, the analysis of parent entities with 0 to 4 employees include 3,261 businesses while the analysis of all parent entities includes 9,772 businesses. b For NAICS 324, the analysis of parent entities with 0 to 4 employees include 391 businesses while the analysis of all parent entities includes 1,189 businesses.
    Table 2—TSCA Positive Certification Summary of Detailed Distributional Analysis NAICS NAICS Code
  • description
  • Parent
  • entities
  • Small
  • parent
  • entities
  • Number and percent of small parent entities
  • incurring impact of . . .
  • <1% 1-3% >3% Minimum
  • impact a
  • (%)
  • Mean
  • impact b
  • (%)
  • Maximum
  • impact c
  • (%)
  • 325 Chemical Manufacturing 11,175 11,175 11,175
  • (100%)
  • 0
  • (0%)
  • 0
  • (0%)
  • <0.001 0.015 0.032
    324 Petroleum and Coal Products Manufacturing 3,657 3,657 3,657
  • (100%)
  • 0
  • (0%)
  • 0
  • (0%)
  • <0.001 0.009 0.022
    a Of the 11,175 small entities in NAICS 325, the minimum impact experienced by any entity was <0.001%. Of the 3.657 small entities in NAICS 324, the minimum impact experienced by any entity was <0.001%. b Of the 11,175 small entities in NAICS 325, the mean impact experienced by any entity was 0.015%. Of the 3.657 small entities in NAICS 324, the mean impact experienced by any entity was 0.009%. c Of the 11,175 small entities in NAICS 325, the maximum impact experienced by any entity was 0.032%. Of the 3.657 small entities in NAICS 324, the maximum impact experienced by any entity was 0.022%.

    The small entity screening analysis for TSCA positive certifications demonstrates that no small entities are expected to incur impacts of one percent or greater. The detailed distributional analysis for TSCA positive certifications shows that while a large number of small entities in certain sectors may be affected by the proposed rule, all of these small entities are expected to incur impacts of considerably less than one percent.

    For TSCA negative certifications, because the unit incremental steady state burden associated with positive and negative certification are virtually the same (2.93 versus 2.98 minutes, respectively), the small entity impacts associated with negative certifications are similar to the small entity impacts associated with positive certifications, and are considerably less than one percent.

    Integrating the above information for all firms submitting TSCA positive certifications and/or TSCA negative certifications requires consideration of the degree to which the firms submitting each type of certification overlap. Since this detailed information is not readily available, an assessment is made via review of lower-bound and upper-bound impact scenarios. At the lower bound with an assumption of no overlap, firms submitting TSCA positive and TSCA negative certifications are completely isolated and separate. Each firm incurs about three minutes additional burden per certification with associated impacts of less than one percent, yielding overall impacts of less than one percent for all firms. In the upper-bound scenario, with an assumption that all firms overlap, firms submit both TSCA positive and negative certifications at the same transaction rates per firm for each type of certification. All firms incur twice the burden due to managing twice as many certifications (i.e., in comparison to three minutes per certification, the “double duty” requires six minutes for one positive certification plus one negative certification). Nonetheless, the associated overall impacts are still less than one percent for all firms.

    Per conventional practices including EPA guidance, even if a substantial number of entities are affected by a proposed rule, as long as the impact to these entities is very low, the rule can be determined to not result in a significant impact on a substantial number of small entities. Based on the evidence of the analyses summarized above, CBP certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities (no SISNOSE).

    C. Paperwork Reduction Act

    As this proposed rule does not establish a new collection of information, as defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), the provisions of the Paperwork Reduction Act are inapplicable.

    D. Unfunded Mandates Reform Act (UMRA)

    This proposed rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions are necessary under the provisions of the Unfunded Mandates Reform Act of 1995.

    E. Signing Authority

    This proposed regulation is being issued in accordance with 19 CFR 0.1(a)(1) pertaining to the authority of the Secretary of the Treasury (or that of his or her delegate) to approve regulations pertaining to certain customs revenue functions.

    List of Subjects 19 CFR Part 12

    Customs duties and inspection, Entry of merchandise, Imports, Reporting and recordkeeping requirements.

    19 CFR Part 127

    Customs duties and inspection, Exports, Freight, Reporting and recordkeeping requirements.

    Proposed Amendments to the CBP Regulations

    For the reasons set forth in the preamble, 19 CFR parts 12 and 127 are proposed to be amended as set forth below.

    PART 12—SPECIAL CLASSES OF MERCHANDISE 1. The general and specific authority citations for part 12 continue to read as follows: Authority:

    5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States (HTSUS)), 1624.

    Sections 12.118 through 12.127 also issued under 15 U.S.C. 2601 et seq.

    2. Revise § 12.118 to read as follows:
    § 12.118 Toxic Substances Control Act.

    The Toxic Substances Control Act (“TSCA”) (15 U.S.C. 2601 et seq.) governs the importation into the customs territory of the United States of a chemical substance in bulk form or as part of a mixture, and articles containing a chemical substance or mixture. Such importations are also governed by these regulations which are issued under the authority of section 13(b) of TSCA (15 U.S.C. 2612(b)).

    3. Revise § 12.119 to read as follows:
    § 12.119 Scope.

    Sections 12.120 through 12.127 apply to the importation into the customs territory of the United States of:

    (a) Chemical substances in bulk form and as part of a mixture under TSCA;

    (b) Chemicals not subject to TSCA; and

    (c) Articles containing a chemical substance or mixture.

    4. In § 12.120, revise paragraph (b) and add paragraphs (c), (d), (e), and (f) to read as follows:
    § 12.120 Definitions.

    (b) TSCA chemical substance in bulk form means a chemical substance as set forth in section 3(2) of TSCA, (15 U.S.C. 2602(2)) (other than as part of an article) in containers used for purposes of transportation or containment, provided that the chemical substance is intended to be removed from the container and has an end use or commercial purpose separate from the container.

    (c) TSCA chemical substance as part of a mixture means a chemical substance as set forth in section 3(2) of TSCA, (15 U.S.C. 2602(2)) that is part of a combination of two or more chemical substances as set forth in section 3(8) of TSCA.

    (d) Non-TSCA chemical means any chemical that is excluded from the definition of TSCA chemical substance by section 3(2)(B)(ii) through (vi) of TSCA, (15 U.S.C. 2602(2)(B)(ii) through (vi)) (other than as part of a mixture), regardless of form.

    (e) Covered commodity means merchandise that meets the terms of one of the definitions specified in paragraphs (a), (b), or (d) of this section or that is a mixture as defined in TSCA.

    (f) Administrator means the Administrator of the Environmental Protection Agency (EPA).

    5. In § 12.121, revise paragraphs (a), (b), and (c) to read as follows:
    § 12.121 Reporting requirements.

    (a) Certification required. (1) The importer of a TSCA chemical substance in bulk form or as part of a mixture, or the authorized agent of such an importer, must certify in writing or electronically that the chemical shipment complies with all applicable rules and orders under TSCA by filing with CBP the following statement:

    I certify that all chemical substances in this shipment comply with all applicable rules or orders under TSCA and that I am not offering a chemical substance for entry in violation of TSCA or any applicable rule or order thereunder.

    (2) The importer of any non-TSCA chemical, or the authorized agent of such an importer, must certify in writing or electronically that the chemical shipment is not subject to TSCA by filing with CBP the following statement:

    I certify that all chemicals in this shipment are not subject to TSCA.

    (3) Filing of certification. (i) The appropriate certification required under paragraph (a) of this section must be filed with the director of the port of entry in writing or electronically to the Automated Commercial Environment (ACE) system or any other CBP-authorized EDI system prior to release of the shipment. For each entry subject to certification under paragraph (a) of this section, the importer or their agent must identify the certifier by name, phone number, and email address.

    (ii) Written certifications must appear as a typed or stamped statement:

    (A) On an appropriate entry document or commercial invoice or on an attachment to that entry document or invoice; or

    (B) In the event of release under a special permit for an immediate delivery as provided for in § 142.21 of this chapter or in the case of an entry as provided for in § 142.3 of this chapter, on the commercial invoice or on an attachment to that invoice.

    (b) TSCA chemical substances or mixtures as parts of articles. An importer of a TSCA chemical substance or mixture as part of an article must comply with the certification requirements set forth in paragraph (a) of this section only if required to do so by a rule or order issued under TSCA.

    (c) Facsimile signatures. The certification statements required under paragraph (a) of this section may be signed by means of an authorized facsimile signature.

    § 12.122 [Amended]
    6. Amend § 12.122: a. By removing the word “shall” each place it appears and adding in its place the word “will”; and b. In paragraphs (a) and (b) by removing the words “chemical substances, mixtures, or articles” and adding in their place the words “covered commodity”.
    § 12.122 [Amended]
    7. Amend § 12.123: a. By removing the word “shall” each place it appears and adding in its place the word “will”; and b. In paragraph (b), third sentence, by removing the words “chemical substance, mixture, or article” and adding in their place the words “a covered commodity”. 8. Amend § 12.124 as follows: a. In paragraph (a) by removing the words “chemical substances, mixtures, or articles” and adding in their place the words “a covered commodity”; b. In paragraph (a) by removing the word “shall” and adding in its place the word “must”; c. In paragraph (b) by removing the words “Customs Service” and adding in its place “CBP”. 9. Amend § 12.125: a. By revising the introductory text; b. In paragraph (b) by removing the words “chemical substances, mixtures, or articles” and adding in their place the words “covered commodity”.

    The revision reads as follows:

    § 12.125 Notice of exportation.

    Whenever the Administrator directs the port director to refuse entry under § 12.123 and the importer exports the non-complying shipment within the 30 day period of notice of refusal of entry or within 90 days of demand for redelivery, the importer must submit notice of the exportation either in writing to the port director or electronically to CBP through ACE or any other CBP-authorized EDI system. The importer must include the following information in the notice of exportation:

    10. Revise § 12.126 to read as follows:
    § 12.126 Notice of abandonment.

    If the importer intends to abandon the shipment after receiving notice of refusal of entry, the importer must present a notice of intent to abandon in writing to the port director or electronically to CBP through ACE or any other CBP-authorized EDI system. Notification under this section is a waiver of any right to export the merchandise. The importer will remain liable for any expense incurred in the storage and/or disposal of abandoned merchandise.

    11. Amend § 12.127 to read as follows:
    § 12.127 Decision to store or dispose.

    A shipment detained under § 12.122 will be considered to be unclaimed or abandoned and will be turned over to the Administrator for storage or disposition as provided for in § 127.28(i) of this chapter if the importer has not brought the shipment into compliance with TSCA and has not exported the shipment within time limitations or extensions specified in § 12.124. The importer will remain liable for any expenses in the storage and/or disposal of abandoned merchandise.

    PART 127—GENERAL ORDER, UNCLAIMED, AND ABANDONED MERCHANDISE 12. The general and specific authority citations for part 127 continue to read as follows: Authority:

    19 U.S.C. 66, 1311, 1312, 1484, 1485, 1490, 1491, 1492, 1493, 1506, 1559, 1563, 1623, 1624, 1646a; 26 U.S.C. 5753.

    Section 127.28 also issued under 15 U.S.C. 2612, 26 U.S.C. 5688;

    13. Amend § 127.28, paragraph (i) to read as follows:
    § 127.28 Special merchandise.

    (i) Goods subject to TSCA Requirements. Goods subject to TSCA requirements, i.e., covered commodities as defined in § 12.120 of this chapter, will be inspected by a representative of the Environmental Protection Agency to ascertain whether they comply with Toxic Substances Control Act and the regulations and orders issued thereunder. If found not to comply with these requirements that good must be exported or otherwise disposed of immediately in accordance with the provisions of §§ 12.125 through 12.127 of this chapter.

    R. Gil Kerlikowske, Commissioner, U.S. Customs and Border Protection. Approved: August 23, 2016. Timothy E. Skud, Deputy Assistant Secretary of the Treasury.
    [FR Doc. 2016-20546 Filed 8-26-16; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2016-0749] RIN 1625-AA00 Safety Zone; Pago Pago Harbor, American Samoa AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard proposes to establish a safety zone during the 2016 Fautasi Ocean Challenge canoe race in Pago Pago Harbor, American Samoa, on November 11 and 25, 2016. This action is necessary to safeguard the participants and spectators, including all crews, vessels, and persons on the water in Pago Pago Harbor during the event. This regulation will functionally close the port to vessel traffic during the race, but will not require the evacuation of any vessels from the harbor. Entry into, transiting, or anchoring in the harbor would be prohibited to all vessels not registered with the sponsor as participants or not part of the race patrol, unless specifically authorized by the Captain of the Port (COTP) Honolulu or a designated representative. Vessels who are already moored or anchored in the harbor seeking permission to remain there shall request permission from COTP unless deemed a spectator vessel that is moored to a waterfront facility within the safety zone. We invite your comments on this notice of proposed rulemaking (NPRM).

    DATES:

    Comments and related material must be received by the Coast Guard on or before September 28, 2016.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2016-0749 using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about this proposed rulemaking, call or email Lieutenant Commander Nicolas Jarboe, Waterways Management Division, U.S. Coast Guard Sector Honolulu; telephone (808) 541-4359, email [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Table of Abbreviations COTP Captain of the Port, Honolulu CFR Code of Federal Regulations FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis

    On June 1, 2016, the Coast Guard received formal notification from the American Samoa Government that the 2016 Fautasi Ocean Challenge is scheduled to occur in Pago Pago Harbor on November 11 and 25, 2016. This annual event has strengthened local tradition for over a century. The event will consist of a series of races entirely within Pago Pago Harbor between longboats with paddling crews of 32-48 persons each. It is anticipated that a large number of spectator pleasure craft will be drawn to the event. Spectator vessels and commercial vessel traffic will pose a significant safety hazard to the longboats, longboat crew members, and other persons and vessels involved with the event.

    The purpose of this proposed rulemaking is to minimize vessel traffic in Pago Pago Harbor before, during, and after the scheduled event to safeguard persons and vessels during the longboat races. The Captain of the Port, Honolulu (COTP), proposes to establish a temporary safety zone for Pago Pago Harbor. A safety zone is a water area, shore area, or water and shore area, for safety or environmental purposes, of which access is limited to authorized persons, vehicles, or vessels. The statutory basis for this rulemaking is 33 U.S.C. 1231, which gives the Coast Guard, under a delegation from the Secretary of the Department of Homeland Security, regulatory authority to enforce the Ports and Waterways Safety Act.

    III. Discussion of Proposed Rule

    This rule will create a temporary safety zone in Pago Pago Harbor. The safety zone will close the harbor to all vessels not authorized by the COTP for entry into, transiting, or anchoring within the port for the duration of the event. The COTP will authorize registered participants, support vessels, and enforcement vessels to enter and remain in the zone. No other vessels would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The harbor will remain closed until the Coast Guard issues an “All Clear” after races have concluded and the harbor is deemed safe for normal operations. This rule will not require any vessel already moored to evacuate the port, provided that they are moored in such a way that they do not interfere with the progress of the event. The proposed regulatory text appears at the end of this document.

    IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes and Executive Orders 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 NPRM has not been designated a “significant regulatory action,” under Executive Order 12866. This determination is based on the size, location, duration, and time-of-day of the safety zone. Accordingly, this NPRM has not been reviewed by the Office of Management and Budget.

    Under this NPRM, the Coast Guard would issue a Broadcast Notice to Mariners with information pertaining to the safety zone via VHF-FM marine channel 16.

    B. Impact on Small Entities

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

    Some owners or operators of vessels intending to transit the safety zone may be small entities and may not be authorized to do so. However, given the short duration of this proposed temporary rule, this would not create a significant economic impact on a substantial number of these entities. Moreover, the rule would allow all vessels to seek permission from the Coast Guard to enter the safety zone.

    If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it.

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under 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 proposed 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 proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.

    If you believe this proposed rule would have substantial direct effects on federalism or tribal governments, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section.

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.1D, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves a temporary and limited safety zone in Pago Pago Harbor. Normally such actions are categorically excluded from further review under paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.1D. A preliminary 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 proposed rule.

    G. Protest Activities

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

    V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.

    We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086).

    Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published.

    List of Subjects in 33 CFR Part 165

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

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

    PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS. 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.T14-0749 to read as follows:
    § 165.T14-0749 Safety Zone; Pago Pago Harbor, America Samoa.

    (a) Location. The following area is a safety zone: Breakers Point (eastern edge of Pago Pago Harbor entrance) thence southeast to 14°18′47″ S., 170°38′54.5″ W., thence southwest to 14°19′03″ S., 170°39′14″ W., thence northwest to Tulutulu Point and then following the coastline encompassing Pago Pago Harbor. This regulated area extends from the surface of the water to the ocean floor.

    (b) Enforcement period. This rule will be enforced from 10:00 a.m. to 4:00 p.m. on November 11, 2016 and from 10:00 a.m. to 4:00 p.m. on November 25, 2016.

    (c) Regulations.

    (1) All persons and vessels not registered with the sponsor as participants or support/enforcement vessels are considered spectators. The “support/enforcement vessels” consist of any territory, or local law enforcement and sponsor provided vessels assigned or approved by the Captain of the Port Honolulu to patrol the safety zone.

    (2) No spectator shall anchor, block, loiter or impede the transit of participants or support/enforcement vessels in the safety zone during the enforcement dates and times, unless cleared for entry by or through a support/enforcement vessel.

    (3) Spectator vessels may be moored to a waterfront facility within the safety zone in such a way that they shall not interfere with the progress of the event. Such mooring must be complete at least 30 minutes prior to the establishment of the safety zone and remain moored through the duration of the event.

    (d) Informational Broadcasts. The safety zones shall be effective between 10:00 a.m. and 4:00 p.m. (SST) on November 11 and 25, 2016. If circumstances render enforcement of the safety zone unnecessary for the entirety of these periods, the Captain of the Port or his designated representative will inform the public through broadcast notices to mariners that the safety zone is no longer being enforced. The harbor will remain closed until the Coast Guard issues an “All Clear” for the harbor after the race has concluded and the harbor is deemed safe for normal operations.

    (e) Penalties. Vessels or persons violating this rule may be subject to the penalties set forth in 33 U.S.C. 1232.

    Dated: August 23, 2016. M.C. Long, Captain, U.S. Coast Guard, Captain of the Port Honolulu.
    [FR Doc. 2016-20591 Filed 8-26-16; 8:45 am] BILLING CODE 9110-04-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2013-0260; A-1-FRL-9951-45-Region 1] Air Plan Approval; New Hampshire; Approval of Single Source Orders AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of New Hampshire. The revisions consist of single source orders that establish reasonably available control technology for sources of volatile organic compounds.

    DATES:

    Written comments must be received on or before September 28, 2016.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R01-OAR-2013-0260 at http://www.regulations.gov, or via email to Anne Arnold at: [email protected] For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, 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, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For 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.

    FOR FURTHER INFORMATION CONTACT:

    Bob McConnell, Environmental Engineer, Air Quality Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, Massachusetts, 02109-3912; (617) 918-1046; [email protected]

    SUPPLEMENTARY INFORMATION:

    In the Rules and Regulations section of this Federal Register, EPA is approving the State's SIP submittals as a direct final rule without prior proposal because the Agency views these as noncontroversial submittals and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

    For additional information, see the direct final rule which is located in the Rules and Regulations section of this Federal Register.

    Dated: August 15, 2016. H. Curtis Spalding, Regional Administrator, EPA New England.
    [FR Doc. 2016-20539 Filed 8-26-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2015-0032; FRL-9950-22] Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of filing of petitions and request for comment.

    SUMMARY:

    This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

    DATES:

    Comments must be received on or before September 28, 2016.

    ADDRESSES:

    Submit your comments, identified by the docket identification (ID) number and the pesticide petition number (PP) 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: BPPDFRNot[email protected]epa.gov; or Michael Goodis, Registration Division (RD) (7505P), main telephone number: (703) 305-7090, email address: RDFRNotices@epa.gov. 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 pesticide petition 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).

    If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT for the division listed at the end of the pesticide petition summary of interest.

    B. What should I consider as I prepare my comments for EPA?

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

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    3. Environmental justice. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of any group, including minority and/or low-income populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical or disproportionately high and adverse human health impacts or environmental effects from exposure to the pesticides discussed in this document, compared to the general population.

    II. What action is the agency taking?

    EPA is announcing its receipt of several pesticide petitions filed under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, requesting the establishment or modification of regulations in 40 CFR part 180 for residues of pesticide chemicals in or on various food commodities. The Agency is taking public comment on the requests before responding to the petitioners. EPA is not proposing any particular action at this time. EPA has determined that the pesticide petitions described in this document contain the data or information prescribed in FFDCA section 408(d)(2), 21 U.S.C. 346a(d)(2); however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the pesticide petitions. After considering the public comments, EPA intends to evaluate whether and what action may be warranted. Additional data may be needed before EPA can make a final determination on these pesticide petitions.

    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions that are the subject of this document, prepared by the petitioner, is included in a docket EPA has created for each rulemaking. The docket for each of the petitions is available at http://www.regulations.gov.

    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA is publishing notice of the petitions so that the public has an opportunity to comment on these requests for the establishment or modification of regulations for residues of pesticides in or on food commodities. Further information on the petitions may be obtained through the petition summaries referenced in this unit.

    New Tolerances

    1. PP 5E8432. (EPA-HQ-OPP-2016-0299). Dow AgroSciences LLC, 9330 Zionsville Road, Indianapolis, IN 46268, requests to establish an import tolerance in 40 CFR part 180 for residues of the cloquintocet-mexyl (acetic acid [(5-chloro-8-quniolinyl)oxyl]-1-methylhexyl ester) (CAS Reg. No. 99607-70-2) and its acid metabolite (5-chloro-8-quinlinoxyacetic acid) for use as an inert ingredient (safener) in combination with the herbicide pyroxsulam in or on teff, forage at 0.2 parts per million (ppm); teff, grain at 0.1 ppm; teff hay at 0.5 ppm; teff straw at 0.1 ppm. The High Performance Liquid Chromatography with Ultraviolet Detection (HPLC-UV) method REM 138.01 is used to measure and evaluate residues of the cloquintocet-mexyl (parent) and the HPLC-UV Method RED 138.10 allows determination of its acid metabolite (also known as CGA-153433) for the proposed uses. Contact: RD.

    2. PP 5E8433. (EPA-HQ-OPP-2016-0143). Syngenta Crop Protection, LLC, 410 Swing Road, P.O. Box 18300, Greensboro, NC 27419-8300, requests to establish a tolerance in 40 CFR part 180.654 for residues of the fungicide, isopyrazam in or on tomato at 0.5 parts per million (ppm), pepper, bell at 0.6 ppm, and cucurbit crop subgroup 9A at 0.3 ppm. The GRM006.01B validation method is used to measure and evaluate the chemical isopyrazam, analyzed as the isomers SYN534968 and SYN534969. Contact: RD.

    3. PP 5E8366. (EPA-HQ-OPP-2016-0380). BASF Corporation, 26 Davis Drive, Research Triangle Park, NC 27709-3528, requests to establish tolerances in 40 CFR part 180 for residues of the fungicide, fluxapyroxad in or on banana at 3.0 parts per million (ppm); coffee, green bean at 0.2 ppm; mango at 0.7 ppm; and papaya at 0.6 ppm. Independently validated methods have been used to measure and evaluate parent fluxapyroxad, BAS 700F plus metabolites M700F008, M700F048, and M700F002. Contact: RD.

    4. PP 5F8381. (EPA-HQ-OPP-2015-0722). Bayer CropScience, P.O. Box 12014, 2 T.W., Alexander Drive, Research Triangle Park, NC 27709, requests to establish a tolerance in 40 CFR part 180.626 for residues of the fungicide, prothioconazole in or on cotton, gin by-products at 4.0 parts per million (ppm). The liquid chromatography/mass spectrometry (LC/MS/MS) is used to measure and evaluate the chemical prothioconazole. Contact: RD.

    5. PP 6F8461. (EPA-HQ-OPP-2016-0255). Bayer CropScience, P.O. Box 12014, Research Triangle Park, NC 27709, requests to establish a tolerance in 40 CFR part 180 for residues of the insecticide spirotetramat in or on sugar beet, root at 0.15 ppm; and sugar beet, molasses at 0.20 ppm. The high pressure liquid chromatography/triple stage quadrupole mass spectrometry (LC/MS/MS) analytical method is used to measure and evaluate the chemical spirotetramat. Contact: RD.

    Amended Tolerances

    1. PP 5F8400. (EPA-HQ-OPP-2015-0695). Isagro S.P.A. (d/b/a Isagro USA, Inc.), 430 Davis Drive, Suite 240, Morrisville, NC 27560, requests to amend the tolerances in 40 CFR 180.557 for residues of the fungicide tetraconazole in or on beet sugar, dried pulp at 0.20 parts per million (ppm), beet sugar, molasses at 0.25 ppm, and beet sugar, root at 0.15 ppm. The capillary gas chromatography with electron capture detector (GC/ECD)) as well as a QuEChERS multi-residue method (LC/MS-MS detection) is used to measure and evaluate the chemical tetraconazole. Contact: RD.

    2. PP 6F8465. (EPA-HQ-OPP-2016-0307). Nichino America, Inc., 4550 New Linden Hill Road, Suite 501, Wilmington, DE 19808, requests to amend the tolerances in 40 CFR 180.566 for residues of the insecticide fenpyroximate in or on fruit, citrus, Group 10-10 at 1.0 parts per million (ppm), citrus dried pulp at 4.0 ppm, and citrus oil at 14 ppm. The high performance liquid chromatography using tandem mass spectrometric detection (LC/MS/MS) is used to measure and evaluate the chemical fenpyroximate and the M-1 Metabolite. Contact: RD.

    New Tolerance Exemptions

    1. PP 6F8444. (EPA-HQ-OPP-2016-0348). Marrone Bio Innovations, 1540 Drew Ave., Davis, CA 95618, requests to establish an exemption from the requirement of a tolerance in 40 CFR part 180 for residues of the bactericide and fungicide Bacillus amyloliquefaciens strain F727 in or on all food commodities. The petitioner believes no analytical method is needed because when used as proposed, Bacillus amyloliquefaciens strain F727 would not result in residues that are of toxicological concern. Contact: BPPD.

    2. PP 6F8459. (EPA-HQ-OPP-2016-0259). 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 R.O.C.), requests to establish an exemption from the requirement of a tolerance in 40 CFR part 180 for residues of the plant regulator 1-Triacontanol in or on raw agricultural commodity growing crops on in products to treat animals. The petitioner believes no analytical method is needed because the 10X standard safety factor is unnecessary for 1-Triacontanol since it is a compound found in plant cuticle waxes and beeswax. Contact: BPPD.

    3. PP IN-10851. (EPA-HQ-OPP-2016-0378). Technology Sciences Group, 1150 18th Street, Suite 1000, Washington, DC 20036, on behalf of Jeneil Biosurfactant Company, 400 N. Dekora Woods Blvd., Saukville, WI 53080, requests to establish an exemption from the requirement of a tolerance for residues of isoamyl acetate (CAS Reg. No. 123-92-2) when used as an inert ingredient (solvent) in pesticide formulations applied to growing crops and raw agricultural commodities after harvest under 40 CFR 180.910. The petitioner believes no analytical method is needed because the request is for an exemption from the requirements of a pesticide tolerance. Contact: RD.

    Authority:

    21 U.S.C. 346a.

    Dated: August 16, 2016. Michael Goodis, Acting Director, Registration Division, Office of Pesticide Programs.
    [FR Doc. 2016-20653 Filed 8-26-16; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 160620545-6545-01] RIN 0648-XE696 Atlantic Highly Migratory Species; 2017 Atlantic Shark Commercial Fishing Season AGENCY:

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

    ACTION:

    Proposed rule; request for comments.

    SUMMARY:

    This proposed rule would establish quotas, opening dates, and retention limits for the 2017 fishing season for the Atlantic commercial shark fisheries. Quotas would be adjusted as required or allowable based on any over- and/or underharvests experienced during 2016 and previous fishing seasons. In addition, NMFS proposes season opening dates and commercial retention limits based on adaptive management measures to provide, to the extent practicable, fishing opportunities for commercial shark fishermen in all regions and areas. The proposed measures could affect fishing opportunities for commercial shark fishermen in the northwestern Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea.

    DATES:

    Written comments must be received by September 28, 2016. An operator-assisted, public conference call and webinar will be held on September 22, 2016, from 2 p.m. to 4 p.m., EST.

    ADDRESSES:

    The conference call information is phone number (888) 635-5002; participant passcode 5315520. NMFS will show a brief presentation via webinar followed by public comment. To join the webinar, go to: https://noaaevents2.webex.com/noaaevents2/onstage/g.php?MTID=ea9172a6c1907b6efc462ce9117952e21, event password: NOAA. Participants are strongly encouraged to log/dial in 15 minutes prior to the meeting. Participants that have not used WebEx before will be prompted to download and run a plug-in program that will enable them to view the webinar.

    You may submit comments on this document, identified by NOAA-NMFS-2016-0096, by any of the following methods:

    Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0096, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

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

    Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).

    Presentation materials and copies of the supporting documents are available from the HMS Management Division Web site at http://www.nmfs.noaa.gov/sfa/hms/ or by contacting Guý DuBeck by phone at 301-427-8503.

    FOR FURTHER INFORMATION CONTACT:

    Guý DuBeck or Karyl Brewster-Geisz at 301-427-8503.

    SUPPLEMENTARY INFORMATION:

    Background

    The Atlantic commercial shark fisheries are managed under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP) and its amendments are implemented by regulations at 50 CFR part 635. For the Atlantic commercial shark fisheries, the 2006 Consolidated HMS FMP and its amendments established, among other things, commercial shark retention limits, commercial quotas for species and management groups, accounting measures for under- and overharvests for the shark fisheries, and adaptive management measures such as flexible opening dates for the fishing season and inseason adjustments to shark trip limits, which provide management flexibility in furtherance of equitable fishing opportunities, to the extent practicable, for commercial shark fishermen in all regions and areas.

    2017 Proposed Quotas

    This proposed rule would adjust the quota levels for the different shark stocks and management groups for the 2017 Atlantic commercial shark fishing season based on over- and underharvests that occurred during 2016 and previous fishing seasons, consistent with existing regulations at 50 CFR 635.27(b). Over- and underharvests are accounted for in the same region, sub-region, and/or fishery in which they occurred the following year, except that large overharvests may be spread over a number of subsequent fishing years up to a maximum of 5 years. Shark stocks or management groups that contain one or more stocks that are overfished, have overfishing occurring, or have an unknown status, will not have underharvest carried over in the following year. Stocks that are not overfished and have no overfishing occurring may have any underharvest carried over in the following year, up to 50 percent of the base quota.

    The quotas in this proposed rule are based on dealer reports received as of July 15, 2016. In the final rule, NMFS will adjust the quotas as needed based on dealer reports received as of a date in mid-October 2016. Thus, all of the 2017 proposed quotas for the respective stocks and management groups will be subject to further adjustment after NMFS considers the mid-October dealer reports. All dealer reports that are received after the October date will be used to adjust the 2018 quotas, as appropriate.

    For the sandbar shark, aggregated LCS, hammerhead shark, non-blacknose SCS, blacknose shark, blue shark, porbeagle shark, and pelagic shark (other than porbeagle or blue sharks) management groups, the 2016 underharvests cannot be carried over to the 2017 fishing season because those stocks or management groups have been determined to be overfished, overfished with overfishing occurring, or have an unknown status. Thus, for all of these management groups, the 2017 proposed quotas would be equal to the applicable base quota minus any overharvests that occurred in 2016 and/or previous fishing seasons, as applicable.

    Because the Gulf of Mexico blacktip shark management group and smoothhound shark management groups in the Gulf of Mexico and Atlantic regions have been determined not to be overfished and to have no overfishing occurring, available underharvest (up to 50 percent of the base quota) from the 2016 fishing season for these management groups may be applied to the respective 2017 quotas, and NMFS proposes to do so.

    The proposed 2017 quotas by species and management group are summarized in Table 1; the description of the calculations for each stock and management group can be found below.

    Table 1—2017 Proposed Quotas and Opening Dates for the Atlantic Shark Management Groups [All quotas and landings are dressed weight (dw), in metric tons (mt), unless specified otherwise. Table includes landings data as of July 15, 2016; final quotas are subject to change based on landings as of October 2016. 1 mt = 2,204.6 lb.] Region or sub-region Management group 2016 annual quota Preliminary 2016 landings 1 Adjustments 2 2017 base
  • annual quota
  • 2017 proposed annual quota Season opening dates
    (A) (B) (C) (D) (D + C) Eastern Gulf of Mexico Blacktip Sharks 28.9 mt dw (63,189 lb dw) 18.0 mt dw (39,584 lb dw) 10.9 mt dw (23,961 lb dw) 3 25.1 mt dw (55,439 lb dw) 36.0 mt dw (79,400 lb dw) January 1, 2017. Aggregated Large Coastal Sharks 85.5 mt dw (188,593 lb dw) 42.9 mt dw (93,593 lb dw) 85.5 mt dw (188,593 lb dw) 85.5 mt dw (188,593 lb dw) Hammerhead Sharks 13.4 mt dw (29,421 lb dw) 6.7 mt dw (14,865 lb dw) 13.4 mt dw (29,421 lb dw) 13.4 mt dw (29,421 lb dw) Western Gulf of Mexico Blacktip Sharks 266.5 mt dw (587,396 lb dw) 166.2 mt dw (366497 lb dw) 100.3 mt dw (220,542 lb dw) 3 231.5 mt dw (510,261 lb dw) 331.8 mt dw (730,803 lb dw) Aggregated Large Coastal Sharks 72.0 mt dw (158,724 lb dw) 66.1 mt dw (145,624 lb dw) 72.0 mt dw (158,724 lb dw) 72.0 mt dw (158,724 lb dw) Hammerhead Sharks 11.9 mt dw (26,301 lb dw) 16.8 mt dw (37,063 lb dw) 11.9 mt dw (23,301 lb dw) 11.9 mt dw (23,301 lb dw) Gulf of Mexico Non-Blacknose Small Coastal Sharks 107.3 mt dw (236,603 lb dw) 41.0 mt dw (90,320 lb dw) 112.6 mt dw (248,215 lb dw) 112.6 mt dw (248,215 lb dw) Smoothhound Sharks 336.4 mt dw (741,627) 0 mt dw (0 lb dw) 168.2 mt dw (370,814 lb dw) 336.4 mt dw (741,627) 504.6 mt dw (1,112,441 lb dw) Atlantic Aggregated Large Coastal Sharks 168.9 mt dw (372,552 lb dw) 42.0 mt dw (92,692 lb dw) 168.9 mt dw (372,552 lb dw) 168.9 mt dw (372,552 lb dw) January 1, 2017. Hammerhead Sharks 27.1 mt dw (59,736 lb dw) 9.6 mt dw (21,122 lb dw) 27.1 mt dw (59,736 lb dw) 27.1 mt dw (59,736 lb dw) Non-Blacknose Small Coastal Sharks 264.1 mt dw (582,333 lb dw) 40.4 mt dw (89,048 lb dw) 264.1 mt dw (582,333 lb dw) 264.1 mt dw (582,333 lb dw) Blacknose Sharks (South of 34° N. lat. only) 15.7 mt dw (34,653 lb dw) 12.2 mt dw (26,916 lb dw) 17.2 mt dw (37,921 lb dw) 17.2 mt dw (37,921 lb dw) 4 Smoothhound Sharks 1,201.7 mt dw (2,647,725 lb dw) 183.2 mt dw (403,795 lb dw) 600.9 mt dw (1,323,862 lb dw) 1,201.7 mt dw (2,647,725 lb dw) 1,802.6 mt dw (3,971,587 lb dw) No regional quotas Non-Sandbar LCS Research 50.0 mt dw (110,230 lb dw) 7.2 mt dw (15,829 lb dw) 50.0 mt dw (110,230 lb dw) 50.0 mt dw (110,230 lb dw) January 1, 2017. Sandbar Shark Research 90.7 mt dw (199,943 lb dw) 34.9 mt dw (77,050 lb dw) 90.7 mt dw (199,943 lb dw) 90.7 mt dw (199,943 lb dw) Blue Sharks 273.0 mt dw (601,856 lb dw) 0 mt dw (0 lb dw) 273.0 mt dw (601,856 lb dw) 273.0 mt dw (601,856 lb dw) Porbeagle Sharks 0 mt dw (0 lb dw) 0 mt dw (0 lb dw) 1.7 mt dw (3,748 lb dw) 1.7 mt dw (3,748 lb dw) Pelagic Sharks Other Than Porbeagle or Blue 488.0 mt dw (1,075,856 lb dw) 54.1 mt dw (119,336 lb dw) 488.0 mt dw (1,075,856 lb dw) 488.0 mt dw (1,075,856 lb dw) 1 Landings are from January 1, 2016, through July 15, 2016, and are subject to change. 2 Underharvest adjustments can only be applied to stocks or management groups that are not overfished and have no overfishing occurring. Also, the underharvest adjustments cannot exceed 50 percent of the base quota. 3 This adjustment accounts for underharvest in 2016. This proposed rule would increase the overall Gulf of Mexico blacktip shark quota by 111.2 mt dw (244,504 lb dw). Since any underharvest would be divided based on the sub-regional quota percentage split, the eastern Gulf of Mexico blacktip shark quota would be increased by 10.9 mt dw, or 9.8 percent of the underharvest, while the western Gulf of Mexico blacktip shark quota would be increased by 100.3 mt dw, or 90.2 percent of the underharvest. 4 Based on overharvest in 2012 and 2015, NMFS had previously reduced the Atlantic blacknose shark base annual quota by 1.5 mt dw (3,268 lb dw) each year through 2018. However, in 2016, the Atlantic blacknose shark quota was underharvested by 3.5 mt dw (7,737 lb dw). NMFS is proposing to use the 2016 underharvest to cover the remaining overharvest amount of 3.0 mt dw (6,536 lb dw) and not to adjust the 2017 Atlantic blacknose shark base annual quota.
    1. Proposed 2017 Quotas for the Blacktip Sharks in the Gulf of Mexico Region

    The 2017 proposed commercial quota for blacktip sharks in the eastern Gulf of Mexico sub-region is 36.0 mt dw (79,400 lb dw) and the western Gulf of Mexico sub-region is 331.8 mt dw (730,803 lb dw). As of July 15, 2016, preliminary reported landings for blacktip sharks in the eastern Gulf of Mexico sub-region were at 62 percent (18.0 mt dw) of their 2016 quota levels (28.9 mt dw), while the blacktip sharks in the western Gulf of Mexico sub-region were also at 62 percent (166.2 mt dw) of their 2016 quota levels (266.5 mt dw). Reported landings have not exceeded the 2016 quota to date, and the western Gulf of Mexico sub-region fishery was closed on March 12, 2016 (81 FR 12602). Gulf of Mexico blacktip sharks have not been declared to be overfished, to have overfishing occurring, or to have an unknown status. Pursuant to § 635.27(b)(2)(ii), underharvests for blacktip sharks within the Gulf of Mexico region therefore could be applied to the 2017 quotas up to 50 percent of the base quota. Any underharvest would be split based on the sub-regional quota percentages of 9.8 percent for eastern Gulf of Mexico blacktip sharks and 90.2 percent for western Gulf of Mexico blacktip sharks (§ 635.27(b)(1)(ii)). To date, the overall Gulf of Mexico blacktip shark management group was underharvested by 111.2 mt dw (244,504 lb dw). Accordingly, NMFS proposes to increase the 2017 eastern Gulf of Mexico blacktip shark quota by 10.9 mt dw (111.2 mt dw underharvest in 2016 * 9.8 percent = 10.9 mt dw eastern sub-region underharvest) and increase the 2017 western Gulf of Mexico blacktip shark quota by 100.3 mt dw (111.2 mt dw underharvest in 2016 * 90.2 percent = 100.3 mt dw western sub-region underharvest). Thus, the proposed eastern sub-regional Gulf of Mexico blacktip shark commercial quota is 36.0 mt dw and the proposed western sub-regional Gulf of Mexico blacktip shark commercial quota is 331.8 mt dw.

    2. Proposed 2017 Quotas for the Aggregated LCS in the Gulf of Mexico Region

    The 2017 proposed commercial quota for aggregated LCS in the eastern Gulf of Mexico sub-region is 85.5 mt dw (188,593 lb dw) and the western Gulf of Mexico sub-region is 72.0 mt dw (158,724 lb dw). As of July 15, 2016, preliminary reported landings for aggregated LCS in the eastern Gulf of Mexico sub-region were at 50 percent (42.5 mt dw) of their 2016 quota levels (85.5 mt dw), while the aggregated LCS in the western Gulf of Mexico sub-region were at 92 percent (66.1 mt dw) of their 2016 quota levels (72.0 mt dw). Reported landings have not exceeded the 2016 quota to date, and the western aggregated LCS sub-region fishery was closed on March 12, 2016 (81 FR 12602). Given the unknown status of some of the shark species within the Gulf of Mexico aggregated LCS management group, underharvests cannot be carried over pursuant to § 635.27(b)(2)(ii). Therefore, based on preliminary estimates and consistent with the current regulations at § 635.27(b)(2), NMFS proposes that the 2017 quotas for aggregated LCS in the eastern Gulf of Mexico and western Gulf of Mexico sub-regions be equal to their annual base quotas without adjustment, because there have not been any overharvests and because underharvests cannot be carried over due to stock status.

    3. Proposed 2017 Quota for the Aggregated LCS in the Atlantic Region

    The 2017 proposed commercial quota for aggregated LCS in the Atlantic region is 168.9 mt dw (372,552 lb dw). As of July 15, 2016, the aggregated LCS fishery in the Atlantic region is still open and preliminary landings indicate that only 25 percent of the quota has been harvested. Given the unknown status of some of the shark species within the Atlantic aggregated LCS management group, underharvests cannot be carried over pursuant to § 635.27(b)(2)(ii). Therefore, based on preliminary estimates and consistent with current regulations at § 635.27(b)(2), NMFS proposes that the 2017 quota for aggregated LCS in the Atlantic region be equal to the annual base quota without adjustment, because there have not been any overharvests and underharvests cannot be carried over due to stock status.

    4. Proposed 2017 Quotas for Hammerhead Sharks in the Gulf of Mexico Region

    In the Gulf of Mexico, hammerhead shark quotas are divided into two sub-regions: Western and eastern. The 2017 proposed commercial quotas for hammerhead sharks in the eastern Gulf of Mexico sub-region and western Gulf of Mexico sub-region are 13.4 mt dw (29,421 lb dw) and 11.9 mt dw (23,301 lb dw), respectively. As of July 15, 2016, preliminary reported landings for hammerhead sharks in the eastern Gulf of Mexico sub-region were at 50 percent (6.7 mt dw) of their 2016 quota levels (13.4 mt dw), while landings of hammerhead sharks in the western Gulf of Mexico sub-region were at 141 percent (16.8 mt dw) of their 2016 quota levels (11.9 mt dw). Even though the reported landings in the western Gulf of Mexico exceed the 2016 sub-regional quota, which was closed on March 12, 2016 (81 FR 12602), the total regional Gulf of Mexico reported landings have not exceeded the 2016 quota to date. Consistent with the regulations implemented through Amendment 6 to the Consolidated HMS FMP, sub-regional quota overages (e.g., western Gulf of Mexico sub-region) are only deducted in the next year if the total regional quota (e.g., Gulf of Mexico region) is also exceeded. Thus, pursuant to § 635.27(b)(2)(i), at this time, because the overall regional quota has not been overharvested, NMFS is not proposing to adjust the western Gulf of Mexico sub-region quota to account for the overharvest. However, because the eastern Gulf of Mexico sub-region is open and quota is still available in that sub-region, NMFS expects that landings will continue to occur. If landings in the eastern Gulf of Mexico sub-region exceed 8.5 mt dw (18,659 lb dw) (i.e., the remainder of the total regional Gulf of Mexico quota), then NMFS would reduce the western Gulf of Mexico sub-region quota to account for overharvests, pursuant to § 635.27(b)(2)(i). If the quota is not fully harvested, given the overfished status of hammerhead sharks, NMFS would not carry forward any underharvests, pursuant to § 635.27(b)(2)(ii). Therefore, based on preliminary estimates and consistent with the current regulations at § 635.27(b)(2), at this time, NMFS proposes that the 2017 quotas for hammerhead sharks in the eastern Gulf of Mexico and western Gulf of Mexico sub-regions be equal to their annual base quotas without adjustment, because there have not been any overharvests and because underharvests cannot be carried over due to stock status. However, as noted above, if landings in the eastern Gulf of Mexico sub-region exceed 8.5 mt dw, NMFS would adjust the western Gulf of Mexico sub-region quota accordingly in the final rule.

    5. Proposed 2017 Quotas for Hammerhead Sharks in the Atlantic Region

    The 2017 proposed commercial quota for hammerhead sharks in the Atlantic region is 27.1 mt dw (59,736 lb dw). Currently, the hammerhead shark fishery in the Atlantic region is still open and preliminary landings as of July 15, 2016, indicate that only 35 percent of the quota has been harvested. Given the overfished status of hammerhead sharks, underharvests cannot be carried forward pursuant to § 635.27(b)(2)(ii). Therefore, based on preliminary estimates and consistent with the current regulations at § 635.27(b)(2), NMFS proposes that the 2017 quota for hammerhead sharks in the Atlantic region be equal to the annual base quota without adjustment, because there have not been any overharvests and because underharvests cannot be carried over due to stock status.

    6. Proposed 2017 Quotas for Research LCS and Sandbar Sharks Within the Shark Research Fishery

    The 2017 proposed commercial quotas within the shark research fishery are 50.0 mt dw (110,230 lb dw) for research LCS and 90.7 mt dw (199,943 lb dw) for sandbar sharks. Within the shark research fishery, as of July 15, 2016, preliminary reported landings of research LCS were at 14 percent (7.2 mt dw) of their 2016 quota levels (50.0 mt dw), and sandbar shark reported landings were at 39 percent (34.9 mt dw) of their 2016 quota levels (27.1 mt dw). Reported landings have not exceeded the 2016 quotas to date. Under § 635.27(b)(2)(ii), because sandbar sharks and scalloped hammerhead sharks within the research LCS management group have been determined to be either overfished or overfished with overfishing occurring, underharvests for these management groups cannot be carried forward to the 2017 quotas. Therefore, based on preliminary estimates and consistent with the current regulations at § 635.27(b)(2), NMFS proposes that the 2017 quota in the shark research fishery be equal to the annual base quota without adjustment because there have not been any overharvests and because underharvests cannot be carried over due to stock status.

    7. Proposed 2017 Quota for the Non-Blacknose SCS in the Gulf of Mexico Region

    The 2017 proposed commercial quota for non-blacknose SCS in the Gulf of Mexico region is 112.6 mt dw (248,215 lb dw). As of July 15, 2016, preliminary reported landings of non-blacknose SCS were at 38 percent (41.0 mt dw) of their 2016 quota level (107.3 mt dw) in the Gulf of Mexico region. Reported landings have not exceeded the 2016 quota to date. Given the unknown status of bonnethead sharks within the Gulf of Mexico non-blacknose SCS management group, underharvests cannot be carried forward pursuant to § 635.27(b)(2)(ii). Therefore, based on preliminary estimates and consistent with the current regulations at § 635.27(b)(2), NMFS proposes that the 2017 quota for non-blacknose SCS in the Gulf of Mexico region be equal to the annual base quota without adjustment, because there have not been any overharvests and because underharvests cannot be carried over due to stock status.

    8. Proposed 2016 Quota for the Non-Blacknose SCS in the Atlantic Region

    The 2017 proposed commercial quota for non-blacknose SCS in the Atlantic region is 264.1 mt dw (582,333 lb dw). As of July 15, 2016, preliminary reported landings of non-blacknose SCS were at 15 percent (40.4 mt dw) of their 2016 quota level (264.1 mt dw) in the Atlantic region. Though reported landings had not yet reached or exceeded the 2016 quota, the fishery south of 34° N. latitude was closed on May 29, 2016 (81 FR 18541), due to the quota linkage with blacknose sharks in the Atlantic region. The non-blacknose SCS fishery north of 34° N. latitude remains open at this time. Given the unknown status of bonnethead sharks within the Atlantic non-blacknose SCS management group, underharvests cannot be carried forward pursuant to § 635.27(b)(2)(ii). Therefore, based on preliminary estimates and consistent with the current regulations at § 635.27(b)(2), NMFS proposes that the 2017 quota for non-blacknose SCS in the Atlantic region be equal to the annual base quota without adjustment, because there have not been any overharvests and because underharvests cannot be carried over due to stock status.

    9. Proposed 2017 Quota for the Blacknose Sharks in the Atlantic Region

    The 2017 proposed commercial quota for blacknose sharks in the Atlantic region is 17.2 mt dw (37,921 lb dw). As of July 15, 2016, preliminary reported landings of blacknose sharks were at 78 percent (12.2 mt dw) of their 2016 quota levels (15.7 mt dw) in the Atlantic region. The fishery was closed on May 29, 2016 (81 FR 18541). In the final rule establishing quotas for the 2014 shark season (78 FR 70500; November 26, 2013), NMFS spread out the 2012 overharvest (2.5 mt dw; 5,555 lb dw) of the blacknose shark quota across 5 years (2014 through 2018) in the Atlantic region by 0.5 mt dw (1,111 lb dw) each year. This approach for spreading large overharvests over several years up to 5 years is consistent with the approach adopted in Amendment 2 to the 2006 Consolidated HMS FMP (see § 635.27(b)(2)(i)), which determined to spread out the pay back over five years depending on the magnitude of the overharvest and the potential impact on the fishery (73 FR 40658; July 15, 2008). In 2015, the blacknose shark quota was overharvested by 3.0 mt dw (6,471 lb dw). In the final rule establishing quotas for the 2016 shark season (80 FR 74999; December 1, 2015), NMFS spread this 2015 overharvest amount over 3 years at 1.0 mt dw (2,157 lb dw) each year from 2016 through 2018. Thus, in the final rule establishing quotas for the 2016 shark season, NMFS decided to reduce the blacknose shark base annual quota by 1.5 mt dw (3,268 lb dw), based on the 2012 and 2015 overharvest amount, in 2016, 2017, and 2018. On May 29, 2016, NMFS closed the Atlantic blacknose shark management group because the quota was projected to exceed 80 percent. However, as of July 15, 2016, the Atlantic blacknose shark quota was underharvested by 3.5 mt dw (7,737 lb dw). This underharvest (3.5 mt dw) is greater than the remaining amount of the 2012 and 2015 overharvests (3.0 mt dw)(6,636 lb dw). As such, NMFS is proposing to use the 2016 underharvest to cover the remaining 2012 and 2015 overharvest. Pursuant to § 635.27(b)(2), because blacknose sharks have been declared to be overfished with overfishing occurring in the Atlantic region, NMFS could not carry forward the remaining underharvest (0.5 mt dw). Therefore, NMFS proposes that the 2017 Atlantic blacknose shark quota be equal to the annual base quota without adjustment. Note, the blacknose shark quota is available in the Atlantic region only for those vessels operating south of 34° N. latitude. North of 34° N. latitude, retention, landing, and sale of blacknose sharks are prohibited.

    10. Proposed 2017 Quotas for the Smoothhound Sharks in the Gulf of Mexico Region

    The 2017 proposed commercial quota for smoothhound sharks in the Gulf of Mexico region is 504.6 mt dw (1,112,441 lb dw). As of July 15, 2016, there are no preliminary reported landings of smoothhound sharks in the Gulf of Mexico region. Gulf of Mexico smoothhound sharks have not been declared to be overfished, to have overfishing occurring, or to have an unknown status. Pursuant to § 635.27(b)(2)(ii), underharvests for smoothhound sharks within the Gulf of Mexico region therefore could be applied to the 2017 quotas up to 50 percent of the base quota. Accordingly, NMFS proposes to increase the 2017 Gulf of Mexico smoothhound shark quota to adjust for anticipated underharvests in 2016 as allowed. The proposed 2017 adjusted base annual quota for Gulf of Mexico smoothhound sharks is 504.6 mt dw (1,112,441 lb dw) (336.4 mt dw annual base quota + 168.2 mt dw 2016 underharvest = 504.6 mt dw 2017 adjusted annual quota).

    11. Proposed 2017 Quotas for the Smoothhound Sharks in the Atlantic Region

    The 2017 proposed commercial quota for smoothhound sharks in the Atlantic region is 1,802.6 mt dw (1,323,862 lb dw). As of July 15, 2016, preliminary reported landings of smoothhound sharks were at 15 percent (183.2 mt dw) of their 2016 quota levels (1,201.7 mt dw) in the Atlantic region. Atlantic smoothhound sharks have not been declared to be overfished, to have overfishing occurring, or to have an unknown status. Pursuant to § 635.27(b)(2)(ii), underharvests for smoothhound sharks within the Atlantic region therefore could be applied to the 2017 quotas up to 50 percent of the base quota. Accordingly, NMFS proposes to increase the 2017 Atlantic smoothhound shark quota to adjust for anticipated underharvests in 2016 as allowed. The proposed 2017 adjusted base annual quota for Atlantic smoothhound sharks is 1,802.6 mt dw (1,323,862 lb dw) (1,201.7 mt dw annual base quota + 600.9 mt dw 2016 underharvest = 1,802.6 mt dw 2017 adjusted annual quota).

    12. Proposed 2017 Quotas for Pelagic Sharks

    The 2017 proposed commercial quotas for blue sharks, porbeagle sharks, and pelagic sharks (other than porbeagle or blue sharks) are 273 mt dw (601,856 lb dw), 1.7 mt dw (3,748 lb dw), and 488 mt dw (1,075,856 lb dw), respectively. As of July 15, 2016, there are no preliminary reported landings of blue sharks and porbeagle sharks, while preliminary reported landings of pelagic sharks (other than porbeagle and blue sharks) were at 11 percent (54.1 mt dw) of their 2016 quota level (488.0 mt dw). Given that these pelagic species are overfished, have overfishing occurring, or have an unknown status, underharvests cannot be carried forward pursuant to § 635.27(b)(2)(ii). Therefore, based on preliminary estimates and consistent with the current regulations at § 635.27(b)(2), NMFS proposes that the 2017 quotas for blue sharks, porbeagle sharks, and pelagic sharks (other than porbeagle and blue sharks) be equal to their annual base quotas without adjustment, because there have not been any overharvests and because underharvests cannot be carried over due to stock status.

    Proposed Opening Dates and Retention Limits for the 2017 Atlantic Commercial Shark Fishing Season

    For each fishery, NMFS considered the seven “Opening Commercial Fishing Season Criteria” listed at § 635.27(b)(3). The “Opening Fishing Season” criteria consider factors such as the available annual quotas for the current fishing season, estimated season length and average weekly catch rates from previous years, length of the season and fishermen participation in past years, impacts to accomplishing objectives of the 2006 Consolidated HMS FMP and its amendments, temporal variation in behavior or biology target species (e.g., seasonal distribution or abundance), impact of catch rates in one region on another, and effects of delayed season openings.

    Specifically, as described above and below, NMFS examined the 2016 and previous fishing years' over- and/or underharvests of the different management groups to determine the effects of the 2017 proposed commercial quotas on the shark stocks and fishermen across regional and sub-regional fishing areas. NMFS also examined the potential season length and previous catch rates to ensure, to the extent practicable, that equitable fishing opportunities be provided to fishermen in all areas. Lastly, NMFS examined the seasonal variation of the different species/management groups and the effects on fishing opportunities.

    As described below, NMFS also considered the six “Inseason trip limit adjustment criteria” listed at § 635.24(a)(8) for directed shark limited access permit holders intending to land LCS other than sandbar sharks. Those criteria are: The amount of remaining shark quota in the relevant area or region, to date, based on dealer reports; the catch rates of the relevant shark species/complexes, to date, based on dealer reports; estimated date of fishery closure based on when the landings are projected to reach 80 percent of the quota given the realized catch rates; effects of the adjustment on accomplishing the objectives of the 2006 Consolidated HMS FMP and its amendments; variations in seasonal distribution, abundance, or migratory patterns of the relevant shark species based on scientific and fishery-based knowledge; and/or effects of catch rates in one part of a region precluding vessels in another part of that region from having a reasonable opportunity to harvest a portion of the relevant quota.

    After considering these criteria, NMFS is proposing that the 2017 Atlantic commercial shark fishing season for all shark management groups in the northwestern Atlantic Ocean, including the Gulf of Mexico and the Caribbean Sea, open on or about January 1, 2017, after the publication of the final rule for this action (Table 2). NMFS is also proposing to start the 2017 commercial shark fishing season with the commercial retention limit of 30 LCS other than sandbar sharks per vessel per trip in the western Gulf of Mexico sub-region, 45 LCS other than sandbar sharks per vessel per trip in the eastern Gulf of Mexico sub-region, and 36 LCS other than sandbar sharks per vessel per trip in the Atlantic region (Table 2). However, at the time of writing this proposed rule, some management groups remain open and, for those management groups that are already closed, landings are still being calculated and checked for quality control and assurance. Thus, NMFS may implement different opening dates and commercial retention limits in the final rule if there are underharvested quotas or quota exceedances in 2016 that are not accounted for in this proposed rule.

    Table 2—Quota Linkages, Season Opening Dates, and Commercial Retention Limit by Regional or Sub-Regional Shark Management Group Region or sub-region Management group Quota
  • linkages
  • Season
  • opening dates
  • Commercial retention limits for directed shark limited access permit holders
  • (inseason adjustments are possible)
  • Eastern Gulf of Mexico Blacktip Sharks
  • Aggregated Large Coastal Sharks
  • Hammerhead Sharks.
  • Not Linked
  • Linked
  • January 1, 2017 45 LCS other than sandbar sharks per vessel per trip.
    Western Gulf of Mexico Blacktip Sharks
  • Aggregated Large Coastal Sharks
  • Hammerhead Sharks.
  • Not Linked
  • Linked
  • January 1, 2017 30 LCS other than sandbar sharks per vessel per trip.
    Gulf of Mexico Non-Blacknose Small Coastal Sharks Not Linked January 1, 2017 N/A. Smoothhound Sharks Not Linked January 1, 2017 N/A. Atlantic Aggregated Large Coastal Sharks
  • Hammerhead Sharks.
  • Linked January 1, 2017 36 LCS other than sandbar sharks per vessel per trip.
  • If quota is landed quickly (e.g., if approximately 20 percent of quota is caught at the beginning of the year), NMFS anticipates an inseason reduction (e.g., to 3 or fewer LCS other than sandbar sharks per vessel per trip), then an inseason increase to 45 LCS other than sandbar sharks per vessel per trip around July 15, 2017.
  • Non-Blacknose Small Coastal Sharks
  • Blacknose Sharks (South of 34° N. lat. only).
  • Linked (South of 34° N. lat. only) January 1, 2017 N/A.
    Smoothhound Sharks Not Linked January 1, 2017 N/A. No regional quotas Non-Sandbar LCS Research Linked January 1, 2017 N/A. Sandbar Shark Research Blue Sharks Not Linked January 1, 2017 N/A. Porbeagle Sharks Pelagic Sharks Other Than Porbeagle or Blue

    In the Gulf of Mexico region, we are opening the fishing season on or about January 1, 2017, for the aggregated LCS, blacktip sharks, and hammerhead shark management groups with the commercial retention limits of 30 LCS other than sandbar sharks per vessel per trip for directed shark permit holders in the western sub-region—and 45 LCS other than sandbar sharks per vessel per trip for directed shark permit holders in the eastern sub-region. This would provide, to the extent practicable, equitable opportunities across the fisheries management sub-regions. This opening date takes into account all the season opening criteria listed in § 635.27(b)(3), and particularly the criteria that NMFS consider the length of the season for the different species and/or management group in the previous years (§ 635.27(b)(3)(ii) and (iii)) and whether fishermen were able to participate in the fishery in those years (§ 635.27(b)(3)(v)). The proposed commercial retention limits take into account the criteria listed in § 635.24 (a)(8), and particularly the criterion that NMFS consider the catch rates of the relevant shark species/complexes based on dealer reports to date (§ 635.24(a)(8)(ii)). Similar to the retention limit adjustment process described for the Atlantic region, NMFS may consider adjusting the retention limit in the Gulf of Mexico region throughout the season to ensure fishermen in all parts of the region have an opportunity to harvest aggregated LCS, blacktip sharks, and hammerhead sharks (see the criteria listed at § 635.27(b)(3)(v) and § 635.24(a)(8)(ii), (v), and (vi)). In 2016, the quota in the western Gulf of Mexico sub-region was harvested quickly and NMFS closed these management groups on March 12, 2016 (81 FR 12602) (see the criteria listed at § 635.27(b)(3)(i), (ii), and (iii) and § 635.24(a)(8)(i) and (iii)). As such, in 2017, NMFS is proposing a slightly lower trip limit in order to slow the harvest level and ensure the management group is open until at least April 2017, which is when the State of Louisiana closes state waters to shark fishing and when that State has asked that we close Federal shark fisheries to match state regulations if quotas are limited (see the criteria listed at § 635.27(b)(3)(vii) and 635.24(a)(8)(iii)). In the eastern Gulf of Mexico, NMFS is proposing the same commercial trip limit for these management groups that was set in 2016. Currently, the aggregated LCS, blacktip shark, and hammerhead shark management groups are still open in the eastern Gulf of Mexico sub-region (see the criteria listed at § 635.27(b)(3)(i), (ii), (iii), and (v), and § 635.24(a)(8)(i), (ii), (iii), (v), and (vi)). If those fisheries close, and after the overall preliminary landings for the Gulf of Mexico region are estimated for the 2016 fishing season, NMFS could make changes to the 2017 opening dates and commercial retention limits if necessary to ensure equitable fishing opportunities.

    In the Atlantic region, NMFS proposes opening the aggregated LCS and hammerhead shark management groups on or about January 1, 2017. This opening date is the same date that these management groups opened in 2016, although that decision later attracted significant attention and opposition from shark advocates, particularly within the scuba diving community, with respect to what they argue to be a lemon shark aggregation site (see discussion below). As described below, this opening date also takes into account all the criteria listed in § 635.27(b)(3), and particularly the criterion that NMFS consider the effects of catch rates in one part of a region precluding vessels in another part of that region from having a reasonable opportunity to harvest a portion of the different species and/or management quotas (§ 635.27(b)(3)(v)). In 2016, the data indicate that an opening date of January 1 provided a reasonable opportunity for every part of each region to harvest a portion of the available quotas (§ 635.27(b)(3)(i)) while accounting for variations in seasonal distribution of the different species in the management groups (§ 635.27(b)(3)(iv)). Furthermore, in 2016, the fishing season for the aggregated LCS and hammerhead shark management groups remains currently open with 25 percent of the quotas available as of July 15, 2016. Because the quotas in 2017 are proposed to be the same as the quotas in 2016, NMFS expects that the season lengths and therefore the participation of various fishermen throughout the region, would be similar in 2017 (§ 635.27(b)(3)(ii) and (iii)). Based on the recent performance of the fishery, the January 1 opening date appears to be meet the objectives of the 2006 Consolidated HMS FMP and its amendments ((§ 635.27(b)(3)(vi)). Therefore, there is no information that indicates changing the opening date is necessary.

    After the final rule for the 2016 shark season published on December 1, 2015 (80 FR 74999), and well outside the close of the public comment period for that rule (September 17, 2015), NMFS received extensive public comments opposing the January 1 opening date (for the aggregated LCS and hammerhead shark management groups) because of their concerns about a lemon shark aggregation site off the east coast of Florida which has become a popular local shark scuba diving site. Commenters requested that NMFS change the opening date to the summer months (e.g., June or July) to protect this lemon shark aggregation. NMFS also received a petition to postpone the opening date in the Atlantic region signed by more than 18,000 people. NMFS responded to the petition as a petition for emergency rulemaking but did not change the January 1 start date in response. Based on these comments and the petition, NMFS held a public conference call on December 11, 2015, to answer public questions regarding the Atlantic commercial shark fishery. NMFS also gave a presentation on the biology and current stock status of lemon sharks at the March 2016 HMS Advisory Panel meeting. Data presented at the Advisory Panel meeting indicated that lemon sharks may be more productive than previously thought, the commercial shark fishery is not having a significant impact on lemon sharks in the aggregation area or elsewhere, and current data on relative abundance suggest population is stable. Landings of lemon sharks to date in the Atlantic region are approximately 4,855 mt dw (2.2 lb dw), which are less than the average landings over the past 6 years (see the criteria at § 635.27(b)(3)(iv), (v), and (vi) and § 635.24(a)(8)(ii), (iv), and (v)). There is no evidence that these landings have negatively impacted the lemon shark population according to the Southeast Fisheries Science Center scientists. Furthermore, NMFS considered information in the comments received on the December 2015 final rule in proposing a start date for 2017 and has determined they presented no new or additional information that was not previously considered by the agency that would warrant a different opening date. Therefore, NMFS is proposing the same opening dates for the 2017 fishing season. This opening date meets the management objectives of the 2006 Consolidated HMS FMP and its amendments (see the criteria at § 635.27(b)(3)(vi)) particularly in regard to ensuring fishermen throughout the region have reasonable opportunities to harvest a portion of the different species and/or management group quotas (see the criteria at § 635.27(b)(3)(v) and (vii)) while also considering important scientific information on the seasonal distribution, abundance, and migratory patterns of the different species within the management group (see the criteria at § 635.27(b)(3)(ii)). As described above, the fishery has performed well, and in accordance with the objectives of the 2006 Consolidated HMS FMP, under the January 1 opening date. Therefore, there is no information suggesting that changing the opening date is necessary. However, NMFS will consider through this rulemaking any comments on the opening date and any new information on lemon sharks (or other species) not previously considered, and may in the final rule, adjust the opening dates if warranted. The Notice of Availability for Amendment 10 to the 2006 Consolidated HMS FMP, which should be publishing soon, will address essential fish habitat and potential habitat areas of particular concern for HMS species, including lemon sharks.

    In addition, for the aggregated LCS and hammerhead shark management groups in the Atlantic region, NMFS is proposing that the commercial retention trip limit for directed shark limited access permit holders on the proposed opening date be 36 LCS other than sandbar sharks per vessel per trip. This retention limit should allow fishermen to harvest some of the 2017 quota at the beginning of the year when sharks are more prevalent in the South Atlantic area (see the criteria at § 635.24(a)(3)(i), (ii), (v), and (vi)). As was done in 2016, if it appears that the quota is being harvested too quickly (i.e., about 20 percent) to allow directed fishermen throughout the entire region an opportunity to fish and ensure enough quota remains until later in the year, NMFS would reduce the commercial retention limits to incidental levels (3 LCS other than sandbar sharks per vessel per trip) or another level calculated to reduce the harvest of LCS taking into account § 635.27(b)(3) and the inseason trip limit adjustment criteria listed in § 635.24(a)(8), particularly the consideration of whether catch rates in one part of a region or sub-region are precluding vessels in another part of that region or sub-region from having a reasonable opportunity to harvest a portion of the relevant quota (§ 635.24(a)(8)(vi)). If the quota continues to be harvested quickly, NMFS could reduce the retention limit to 0 LCS other than sandbar sharks per vessel per trip to ensure enough quota remains until later in the year. If either situation occurs, NMFS would publish in the Federal Register notification of any inseason adjustments of the retention limit to an appropriate limit of sharks per trip. In 2016, NMFS reduced the retention limit to 3 LCS other than sandbar sharks on April 2, 2016 (81 FR 18541) when hammerhead shark landings reached approximately 24 percent of the hammerhead quota, and did not need to reduce it further.

    Also, as was done in 2016, NMFS will consider increasing the commercial retention limits per trip at a later date if necessary to provide fishermen in the northern portion of the Atlantic region an opportunity to retain non-sandbar LCS after considering the appropriate inseason adjustment criteria. Similarly, at some point later in the year (e.g., July 15), potentially equivalent to how the 2016 fishing season operated, NMFS may consider increasing the retention limit to the default level (45 LCS other than sandbar sharks per vessel per trip) or another amount, as deemed appropriate, after considering the inseason trip limit adjustment criteria. If the quota is being harvested too quickly or too slowly, NMFS could adjust the retention limit appropriately to ensure the fishery remains open most of the rest of the year. Since the fishery is still open with majority of the quota available, NMFS will monitor the rest of the fishing season and could make changes to the proposed 2017 opening date if necessary to ensure equitable fishing opportunities.

    All of the shark management groups would remain open until December 31, 2017, or until NMFS determines that the fishing season landings for any shark management group have reached, or are projected to reach, 80 percent of the available quota. If NMFS determines that a non-linked shark species or management group must be closed, then, consistent with § 635.28(b)(2) for non-linked quotas (e.g., eastern Gulf of Mexico blacktip, western Gulf of Mexico blacktip, Gulf of Mexico non-blacknose SCS, pelagic sharks, or the Atlantic or Gulf of Mexico smoothhound sharks), NMFS will publish in the Federal Register a notice of closure for that shark species, shark management group, region, and/or sub-region that will be effective no fewer than 5 days from date of filing. For the blacktip shark management group, regulations at § 635.28(b)(5)(i) through (v) authorize NMFS to close the management group before landings reach, or are expected to reach, 80 percent of the quota after considering the following criteria and other relevant factors: Season length based on available sub-regional quota and average sub-regional catch rates; variability in regional and/or sub-regional seasonal distribution, abundance, and migratory patterns; effects on accomplishing the objectives of the 2006 Consolidated HMS FMP and its amendments; amount of remaining shark quotas in the relevant sub-region; and regional and/or sub-regional catch rates of the relevant shark species or management groups. From the effective date and time of the closure until NMFS announces, via the publication of a notice in the Federal Register, that additional quota is available and the season is reopened, the fisheries for the shark species or management group are closed, even across fishing years.

    If NMFS determines that a linked shark species or management group must be closed, then, consistent with § 635.28(b)(3) for linked quotas, NMFS will publish in the Federal Register a notice of closure for all of the species and/or management groups in a linked group that will be effective no fewer than 5 days from date of filing. From the effective date and time of the closure until NMFS announces, via the publication of a notice in the Federal Register, that additional quota is available and the season is reopened, the fisheries for all linked species and/or management groups are closed, even across fishing years. The linked quotas of the species and/or management groups are Atlantic hammerhead sharks and Atlantic aggregated LCS; eastern Gulf of Mexico hammerhead sharks and eastern Gulf of Mexico aggregated LCS; western Gulf of Mexico hammerhead sharks and western Gulf of Mexico aggregated LCS; and Atlantic blacknose and Atlantic non-blacknose SCS south of 34° N. latitude. NMFS may close the fishery for the Gulf of Mexico blacktip shark before landings reach, or are expected to reach, 80 percent of the quota, after considering the criteria listed at § 635.28(b)(5).

    Request for Comments

    Comments on this proposed rule may be submitted via http://www.regulations.gov by mail, and at a public hearing. NMFS solicits comments on this proposed rule by September 27, 2016 (see DATES and ADDRESSES).

    In addition to comments on the entire proposed rule, NMFS is specifically requesting comments on the proposed accounting of the 2012 and 2015 overharvest of Atlantic blacknose sharks from the 2016 underharvest. As described above, in 2016, NMFS closed the Atlantic blacknose shark management group once the quota was projected to exceed 80 percent. As of July 15, 2016, the Atlantic blacknose shark quota was underharvested by 3.5 mt dw (7,737 lb dw). This underharvest (3.5 mt dw) is greater than the remaining amounts of the 2012 and 2015 overharvests (3.0 mt dw) (6,636 lb dw). As such, NMFS is proposing to use the 2016 underharvest to cover the remaining 2012 and 2015 overharvest. This proposal would reduce potential negative social and economic impacts on the blacknose shark and non-blacknose SCS fisheries, which are linked fisheries in the Atlantic region south of 34° N. latitude while maintaining the ecological benefits of the current blacknose shark rebuilding plan. If NMFS continued to spread the overharvest from 2012 and 2015 through 2018, the Atlantic blacknose shark quota in 2017 would be reduced by 1.5 mt dw (3,268 lb dw) in 2017 and the 2017 adjusted quota would be 15.7 mt dw (34,653 lb dw). However, if NMFS uses the 2016 underharvest to cover the remaining overharvest 2012 and 2015 overharvest, the blacknose shark quota would not be reduced in 2017 or 2018 as a result of the 2012 and 2015 overharvests. As a result of this proposal, the 2017 annual base quota would be 17.2 mt dw (37,921 lb dw), which could result in the fishery remaining open longer in the Atlantic region south of 34° N. latitude and have social and economic beneficial impacts for blacknose and non-blacknose fishermen and dealers.

    During the comment period, NMFS will hold one conference call and webinar for this proposed rule. NMFS is requesting comments on any of the measures or analyses described in this proposed rule. The conference call and webinar will be held on September 22, 2016, from 2-4 p.m. EST. Please see the DATES and ADDRESSES headings for more information.

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

    Classification

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

    These proposed specifications are exempt from review under Executive Order 12866.

    NMFS determined that the final rules to implement Amendment 2 to the 2006 Consolidated HMS FMP (June 24, 2008, 73 FR 35778; corrected on July 15, 2008, 73 FR 40658), Amendment 5a to the 2006 Consolidated HMS FMP (78 FR 40318; July 3, 2013), Amendment 6 to the 2006 Consolidated HMS FMP (80 FR 50073; August 18, 2015), and Amendment 9 to the 2006 Consolidated HMS FMP (80 FR 73128; November 24, 2015) are consistent to the maximum extent practicable with the enforceable policies of the approved coastal management program of coastal states on the Atlantic including the Gulf of Mexico and the Caribbean Sea as required under the Coastal Zone Management Act. Pursuant to 15 CFR 930.41(a), NMFS provided the Coastal Zone Management Program of each coastal state a 60-day period to review the consistency determination and to advise the Agency of their concurrence. NMFS received concurrence with the consistency determinations from several states and inferred consistency from those states that did not respond within the 60-day time period. This proposed action to establish opening dates and adjust quotas for the 2017 fishing season for the Atlantic commercial shark fisheries does not change the framework previously consulted upon; therefore, no additional consultation is required.

    An initial regulatory flexibility analysis (IRFA) was prepared, as required by section 603 of the Regulatory Flexibility Act (RFA). The IRFA describes the economic impact this proposed rule, if adopted, would have on small entities. The IRFA analysis follows.

    Section 603(b)(1) of the RFA requires agencies to explain the purpose of the rule. This rule, consistent with the Magnuson-Stevens Act and the 2006 Consolidated HMS FMP and its amendments, is being proposed to establish the 2017 commercial shark fishing quotas, retention limits, and fishing seasons. Without this rule, the commercial shark fisheries would close on December 31, 2016, and would not open until another action was taken. This proposed rule would be implemented according to the regulations implementing the 2006 Consolidated HMS FMP and its amendments. Thus, NMFS expects few, if any, economic impacts to fishermen other than those already analyzed in the 2006 Consolidated HMS FMP and its amendments, based on the quota adjustments.

    Section 603(b)(2) of the RFA requires agencies to explain the rule's objectives. The objectives of this rule are to: Adjust the baseline quotas for all Atlantic shark management groups based on any over- and/or underharvests from the previous fishing year(s); establish the opening dates of the various management groups; and establish the retention limits for the blacktip shark, aggregated large coastal shark, and hammerhead shark management groups in order to provide, to the extent practicable, equitable opportunities across the fishing management regions and/or sub-regions while also considering the ecological needs of the different shark species.

    Section 603(b)(3) of the RFA requires agencies to provide an estimate of the number of small entities to which the rule would apply. The Small Business Administration (SBA) has established size criteria for all major industry sectors in the United States, including fish harvesters. Provision is made under SBA's regulations for an agency to develop its own industry-specific size standards after consultation with Advocacy and an opportunity for public comment (see 13 CFR 121.903(c)). Under this provision, NMFS may establish size standards that differ from those established by the SBA Office of Size Standards, but only for use by NMFS and only for the purpose of conducting an analysis of economic effects in fulfillment of the agency's obligations under the RFA. To utilize this provision, NMFS must publish such size standards in the Federal Register (FR), which NMFS did on December 29, 2015 (80 FR 81194, December 29, 2015). In this final rule effective on July 1, 2016, NMFS established a small business size standard of $11 million in annual gross receipts for all businesses in the commercial fishing industry (NAICS 11411) for RFA compliance purposes. NMFS considers all HMS permit holders to be small entities because they had average annual receipts of less than $11 million for commercial fishing.

    As of July 2016, the proposed rule would apply to the approximately 224 directed commercial shark permit holders, 272 incidental commercial shark permit holders, 89 smoothhound shark permit holders, and 108 commercial shark dealers. Not all permit holders are active in the fishery in any given year. Active directed commercial shark permit holders are defined as those with valid permits that landed one shark based on HMS electronic dealer reports. Of the 496 directed and incidental commercial shark permit holders, only 23 permit holders landed sharks in the Gulf of Mexico region and only 88 landed sharks in the Atlantic region. Of the 89 smoothhound shark permit holders, only 49 permit holders landed smoothhound sharks in the Atlantic region and none landed smoothhound sharks in the Gulf of Mexico region. NMFS has determined that the proposed rule would not likely affect any small governmental jurisdictions.

    This proposed rule does not contain any new reporting, recordkeeping, or other compliance requirements (5 U.S.C. 603(b)(4)). Similarly, this proposed rule would not conflict, duplicate, or overlap with other relevant Federal rules (5 U.S.C. 603(b)(5)). Fishermen, dealers, and managers in these fisheries must comply with a number of international agreements as domestically implemented, domestic laws, and FMPs. These include, but are not limited to, the Magnuson-Stevens Act, the Atlantic Tunas Convention Act, the High Seas Fishing Compliance Act, the Marine Mammal Protection Act, the Endangered Species Act, the National Environmental Policy Act, the Paperwork Reduction Act, and the Coastal Zone Management Act.

    Section 603(c) of the RFA requires each IRFA to contain a description of any significant alternatives to the proposed rule which would accomplish the stated objectives of applicable statutes and minimize any significant economic impact of the proposed rule on small entities. Additionally, the RFA (5 U.S.C. 603(c)(1)-(4)) lists four general categories of significant alternatives that would assist an agency in the development of significant alternatives. These categories of alternatives are: (1) Establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) clarification, consolidation, or simplification of compliance and reporting requirements under the rule for such small entities; (3) use of performance rather than design standards; and, (4) exemptions from coverage of the rule for small entities. In order to meet the objectives of this proposed rule, consistent with the Magnuson-Stevens Act, NMFS cannot exempt small entities or change the reporting requirements only for small entities because all the entities affected are considered small entities; therefore, there are no alternatives discussed that fall under the first and fourth categories described above. NMFS does not know of any performance or design standards that would satisfy the aforementioned objectives of this rulemaking while, concurrently, complying with the Magnuson-Stevens Act; therefore, there are no alternatives considered under the third category.

    This rulemaking does not establish management measures to be implemented, but rather implements previously adopted and analyzed measures with adjustments, as specified in the 2006 Consolidated HMS FMP and its amendments and the Environmental Assessment (EA) that accompanied the 2011 shark quota specifications rule (75 FR 76302; December 8, 2010). Thus, NMFS proposes to adjust quotas established and analyzed in the 2006 Consolidated HMS FMP and its amendments by subtracting the underharvest or adding the overharvest as allowable. Thus, NMFS has limited flexibility to modify the quotas in this rule, the impacts of which were analyzed in previous regulatory flexibility analyses.

    Based on the 2015 ex-vessel price, fully harvesting the unadjusted 2017 Atlantic shark commercial baseline quotas could result in total fleet revenues of $8,265,467 (see Table 3). For the Gulf of Mexico blacktip shark management group, NMFS is proposing to increase the baseline sub-regional quotas due to the underharvests in 2016. The increase for the eastern Gulf of Mexico blacktip shark management group could result in a $24,141 gain in total revenues for fishermen in that sub-region, while the increase for the western Gulf of Mexico blacktip shark management group could result in a $222,196 gain in total revenues for fishermen in that sub-region. For the Gulf of Mexico and Atlantic smoothhound shark management groups, NMFS is proposing to increase the baseline quotas due to the underharvest in 2016. This would cause a potential gain in revenue of $270,323 for the fleet in the Gulf of Mexico region and a potential gain in revenue of $965,095 for the fleet in the Atlantic region.

    All of these changes in gross revenues are similar to the changes in gross revenues analyzed in the 2006 Consolidated HMS FMP and its amendments. The final regulatory flexibility analyses for those amendments concluded that the economic impacts on these small entities are expected to be minimal. In the 2006 Consolidated HMS FMP and its amendments and the EA for the 2011 shark quota specifications rule, NMFS stated it would be conducting annual rulemakings and considering the potential economic impacts of adjusting the quotas for under- and overharvests at that time.

    Table 3—Average Ex-Vessel Prices per lb dw for Each Shark Management Group, 2015 Region Species Average
  • ex-vessel meat price
  • Average
  • ex-vessel
  • fin price
  • Gulf of Mexico Blacktip Shark $0.51 $9.95 Aggregated LCS 0.55 9.96 Hammerhead Shark 0.61 11.98 Non-Blacknose SCS 0.35 6.72 Smoothhound Shark * 0.65 1.58 Atlantic Aggregated LCS 0.80 4.73 Hammerhead Shark 0.65 10.25 Non-Blacknose SCS 0.73 4.36 Blacknose Shark 0.97 4.00 Smoothhound Shark * 0.65 1.58 No Region Shark Research Fishery (Aggregated LCS) 0.68 9.24 Shark Research Fishery (Sandbar only) 0.76 10.62 Blue shark 0.60 2.93 Porbeagle shark 1.50 2.93 Other Pelagic sharks 1.50 2.93 * Ex-vessel prices for smoothhound sharks come from HMS dealers who submitted landings data voluntarily before it was a requirement on March 15, 2016.

    For this proposed rule, NMFS also reviewed the criteria at § 635.27(b)(3) to determine when opening each fishery would provide equitable opportunities for fishermen, to the extent practicable, while also considering the ecological needs of the different species. The opening dates of the fishing season(s) could vary depending upon the available annual quota, catch rates, and number of fishing participants during the year. For the 2017 fishing season, NMFS is proposing to open all of the shark management groups on the effective date of the final rule for this action (expected to be on or about January 1). The direct and indirect economic impacts would be neutral on a short- and long-term basis because NMFS is not proposing to change the opening dates of these fisheries from the status quo.

    Authority:

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

    Dated: August 22, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
    [FR Doc. 2016-20505 Filed 8-26-16; 8:45 am] BILLING CODE 3510-22-P
    81 167 Monday, August 29, 2016 Notices DEPARTMENT OF AGRICULTURE Forest Service Submission for OMB Review; Comment Request August 24, 2016.

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

    Comments regarding this information collection received by September 28, 2016 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725—17th Street NW., Washington, DC 20503. Commentors are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Copies of the submission(s) may be obtained by calling (202) 720-8681.

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

    Forest Service

    Title: Annual Wildfire Summary Report.

    OMB Control Number: 0596-0025.

    Summary of Collection: The Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101) requires the Forest Service (FS) to collect information about wildfire suppression efforts by State and local fire fighting agencies in order to support specific congressional funding requests for the Forest Service State and Private Forestry Cooperative Fire Program. The program provides supplemental funding for State and local fire fighting agencies. The FS works cooperatively with State and local fire fighting agencies to support their fire suppression efforts. FS will collect information using form FS 3100-8, Annual Wildfire Summary Report.

    Need and Use of the Information: FS will collect information using form FS-3100-8 to determine if the Cooperative Fire Program funds, provided to the State and local fire fighting agencies have been used by State and local agencies to improve their fire suppression capabilities. The information collected includes the numbers of fires and acres burned on State and private land by cause, such as lightning, campfires, smoking, debris burning, arson, equipment, railroads, children and miscellaneous activities. Information about the importance of the State and Private Cooperative Fire Program will be shared with the pubic. FS would be unable to assess the effectiveness of the State and Private Forestry Cooperative Fire Program if the information provided on FS-3100-8, were not collected.

    Description of Respondents: State, Local or Tribal Government.

    Number of Respondents: 56.

    Frequency of Responses: Reporting: Annually.

    Total Burden Hours: 28.

    Forest Service

    Title: Land Exchanges.

    OMB Control Number: 0596-0105.

    Summary of Collection: Land exchanges are discretionary, voluntary real estate transactions between the Secretary of Agriculture (acting by and through the Forest Service) and a non-Federal exchange party (or parties). Land exchanges can be initiated by a non-Federal party (or parties), and agent of a landowners, a broker, a third party, or a non-Federal public agency. Each land exchange requires preparation of an Agreement to Initiate, as required by Title 36 Code of Federal Regulations (CFR), part 254, subpart C, section 254.4—Agreement to Initiate and Exchange. As the exchange proposal develops, the exchange parties may enter into a binding Exchange Agreement, pursuant to Title 36 CFR part 254, subpart A, section 254.14—Exchange Agreement.

    Need and Use of the Information: The Agreement to Initiate document specifies the preliminary and on-biding intentions of the non-Federal land exchange party and the Forest Service in pursuing a land exchange. The Agreement to Initiate contains information such as the description of properties considered for exchange, an implementation schedule of action items, identification of the party responsible for each action item, and target dates for completion of action items.

    The Exchange Agreement documents the conditions necessary to complete the exchange. It contains information identifying parties, description of lands and interests to be exchanged, identification of all reserved and outstanding interests, and all other terms and conditions that are necessary to complete the exchange.

    Description of Respondents: Business or other for-profit; Individuals or households; State, Local or Tribal Government

    Number of Respondents: 19.

    Frequency of Responses: Reporting: On occasion.

    Total Burden Hours: 124.

    Forest Service

    Title: The Role of Local Communities in the Development of Agreement or Contract Plans through Stewardship Contracting.

    OMB Control Number: 0596-0201.

    Summary of Collection: Section 8205 of Public Law 113-79, the Agricultural Act of 2014, requires the Forest Service (FS) to report to Congress annually on the role of local communities in the development of agreement or contract plans through stewardship contracting. To meet that requirement FS conducts an annual telephone survey to gather the necessary information for FS to develop its annual report to Congress.

    Need and Use of the Information: The survey will collect information on the role of local communities in the development of agreement or contract plans through stewardship contracting. The survey will provide information regarding the nature of the local community involved in developing agreement or contract plans, the nature of roles played by the entities involved in developing agreement or contract plans, the benefits to the community and agency by being involved in planning and development of contract plans, and the usefulness of stewardship contracting in helping meet the needs of local communities. FS posts the report on its Web page for viewing by the public. Congress also makes the agency reports available for use by organizations both inside and outside the government.

    Description of Respondents: Individuals or households; Business or other for-profit; Not-for-profit institutions; Federal Government; State, Local or Tribal Government.

    Number of Respondents: 75.

    Frequency of Responses: Reporting: Annually.

    Total Burden Hours: 56.

    Forest Service

    Title: Post-Decisional Administrative Review Process.

    OMB Control Number: 0596-0231.

    Summary of Collection: Under 36 CFR part 214, the Forest Service (FS), at its own discretion, provides a process by which holders, operators, and solicited applicants may appeal certain written decisions issued by a Responsible Official involving a written instrument authorizing the occupancy or use of National Forest System (NFS) lands and resources.

    Need and Use of the Information: Information is collected and submitted from individuals who are holders or operators of a valid written authorization to occupy or use NFS lands and resources. The appellant must provide name, mailing address, daytime telephone number, email address, signature, and statements of how appellant is adversely affected by decision being appealed; relevant facts underlying the decision; discussion of issues raised by the decision; attempts to resolve issues under appeal with the Responsible Official and a statement of the relief sought. The information is used to review an agency decision on a written authorization against the issues raised by the appellant and determine whether to affirm or reverse the decision.

    Description of Respondents: Individuals or households.

    Number of Respondents: 226.

    Frequency of Responses: Reporting: On occasion.

    Total Burden Hours: 1,808.

    Charlene Parker, Departmental Information Collection Clearance Officer.
    [FR Doc. 2016-20611 Filed 8-26-16; 8:45 am] BILLING CODE 3411-15-P
    DEPARTMENT OF AGRICULTURE Food and Nutrition Service Agency Information Collection Activities: Proposed Collection; Comment Request—Request for Public Comments for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Loving Support Award of Excellence AGENCY:

    Food and Nutrition Service (FNS), USDA.

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on this proposed information collection. This collection is a revision of a currently approved collection for awarding local agencies for excellence in WIC breastfeeding services and support. Section 231 of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296, requires that the Department of Agriculture (USDA) establish a program to recognize WIC local agencies and clinics that demonstrate exemplary breastfeeding promotion and support activities.

    DATES:

    Written comments must be received on or before October 28, 2016.

    ADDRESSES:

    Comments may be submitted using the Federal eRulemaking Portal: http://www.regulations.gov or by mail: Sarah Widor, Director, Supplemental Food Programs Division, FNS, USDA, 3101 Park Center Drive, Room 520, Alexandria, VA 22302. All comments submitted in response to this notice will be included in the record and will be made available to the public. Please be advised that the substance of the comments and the identity of the individuals or entities submitting the comments will be subject to public disclosure. All comments will be made available publicly on the internet at http://www.regulations.gov.

    All responses to this notice will be summarized and included in the request for Office of Management and Budget approval.

    FOR FURTHER INFORMATION CONTACT:

    Anne Bartholomew, Chief, Nutrition Services Branch, Supplemental Food Programs Division, FNS, USDA, 3101 Park Center Drive, Room 520, Alexandria, VA 22302. Telephone: (703) 305-2746.

    SUPPLEMENTARY INFORMATION:

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions that were used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Title: Special Supplemental Nutrition Program for Women, Infants and Children (WIC) Loving Support Award of Excellence.

    Form Number: Not applicable.

    OMB Number: 0584-0591.

    Expiration Date: 03/31/2017.

    Type of Request: Revision of a Currently Approved Collection.

    Abstract: This information collection is mandated by section 231 of the Healthy, Hunger-Free Kids Act of 2010 (HHFKA) (Pub. L. 111-296). Section 231 of the HHFKA requires USDA to implement a program to recognize exemplary breastfeeding support practices at WIC local agencies and clinics. The WIC Program provides breastfeeding promotion and support for pregnant and postpartum mothers as a part of its mission to improve the health of the approximately 8 million Americans it serves each month. Breastfeeding is a priority in WIC and WIC mothers are strongly encouraged to breastfeed their infants unless the mother or baby have a medical condition where breastfeeding is not advised.

    In recognizing exemplary local agencies and clinics, the HHFKA requires that the Secretary consider the following criteria: (1) Performance measurements of breastfeeding; (2) the effectiveness of a peer counselor program; (3) the extent to which the agency or clinic has partnered with other entities to build a supportive breastfeeding environment for women participating in WIC; and (4) other criteria the Secretary considers appropriate after consultation with State and local program agencies. The information will be submitted voluntarily by WIC local agencies who will be applying for an award. FNS will use the information collected to evaluate the components of existing breastfeeding programs and support in WIC local agencies and make decisions about awards. This program is expected to provide models and motivate other local agencies and clinics to strengthen their breastfeeding promotion and support activities. Applications will be submitted online.

    Affected Public: State, Local, Territories and Tribal Government. Respondent groups identified include the WIC local agencies who are applying for the award and the WIC State agencies who evaluate the applications.

    Estimated Number of Respondents: The total estimated number of participants is 453: 363 local WIC agencies and 90 State WIC agencies.

    A recent FNS study on WIC Breastfeeding Peer Counseling found that approximately two thirds of the local WIC agencies operate a “Loving Support Program.” The Loving Support Program is an FNS initiative that equips WIC programs with an implementation and management modelthe “Loving Support Model”—that serves as a framework for designing, building, and sustaining peer counseling programs; a requirement for award eligibility. Based on the findings of the study, it is estimated that approximately 1,210 of the 1,834 WIC local agencies will be eligible to apply for an award. Although the number of local agencies operating a Loving Support Program has increased, an average of only 16.4% of eligible respondents have applied over the past two years. In Fiscal Year (FY) 2014, 77 out of 607 eligible local agencies applied for an award (12.7%) and in FY 2015, 123 out of 607 eligible local agencies applied for an award (20.3%). Therefore, unlike the previous information collection request, the estimated number of respondents for local agency applications will not assume all eligible local WIC agencies will apply for an award. To better reflect the estimated number of respondents for subsequent years, FNS estimates that 30% (363) of eligible local agencies will respond annually. This reduces the total number of burden hours for the local WIC agencies from 1,214 to 907.5 hours. The estimated number of respondents for the State agency application evaluation is derived from the total number of State WIC agencies.

    Estimated Number of Responses per Respondent: The estimated number of responses per respondent for the WIC local agency is one, as each eligible WIC local agency will submit one application. The estimated number of responses per respondent for the WIC State agency is 4.03, as each WIC State agency will evaluate approximately four applications annually. The estimated number of responses per respondent for the WIC State agency application evaluation was derived by dividing the total number of respondents for the WIC local agency applications, 363, by the total number of WIC State agencies, 90. FNS estimates that the overall responses per respondent for the entire collection is 1.60, which was derived by dividing the number of total annual responses 725.7, by the estimated number of respondents, 453.

    Estimated Total Annual Responses: 725.7.

    Estimated Time per Response: FNS estimates the WIC local agency application response is 2.5 hours, and the WIC State agency response is 1.5 hours. The overall response for the entire collection is 2.0 hours, which was derived by dividing the number of estimated total hours, 1,451.6, by the number of total annual responses by all respondents, 725.7.

    Estimated Total Annual Burden on Respondents: 1,451.6 hours. The time for the WIC local agency is an estimated time for the agency to voluntarily review the instructions, fill out the “Loving Support Award of Excellence” application, and attach supportive documentation. The time for the State WIC agency is an estimated time for the agency to review the instructions, evaluate the components of the local WIC agencies applications, and make a recommendation for an award.

    See the table below for estimated total annual burden for each type of respondent.

    Respondent Estimated
  • number of
  • respondent
  • Responses
  • annually per
  • respondent
  • Total annual
  • responses
  • (Col. B × C)
  • Estimated
  • average
  • number of
  • hours per
  • response *
  • Estimated
  • total hours
  • (Col. D × E)
  • Reporting Burden: WIC Local Agency Application 363.0 1.00 363.0 2.5 907.5 WIC State Agency Evaluation 90.0 4.03 362.7 1.5 544.1 Total Reporting Burden 453.0 1.60 725.7 2.0 1,451.6 * Estimated average # of hours per response includes .5 hours for reviewing instructions
    Dated: August 9, 2016. Audrey Rowe, Administrator, Food and Nutrition Service.
    [FR Doc. 2016-20555 Filed 8-26-16; 8:45 am] BILLING CODE 3410-30-P
    CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD Sunshine Act Meeting TIME AND DATE:

    September 21, 2016, 1:00 p.m. EDT

    PLACE:

    U.S. Chemical Safety Board, 1750 Pennsylvania Ave. NW., Suite 910, Washington, DC 20006.

    STATUS:

    Open to the public.

    MATTERS TO BE CONSIDERED:

    The Chemical Safety and Hazard Investigation Board (CSB) will convene a public meeting on September 21, 2016, starting at 1:00 p.m. EDT in Washington, DC, at the CSB offices located at 1750 Pennsylvania Avenue NW., Suite 910. The Board will provide an overview of: Fiscal Year 2016 accomplishments, the CSB's 2017—2021 strategic plan, the status of open investigations, audits from the Office of the Inspector General, financial and organizational updates, and the agency's action plan. An opportunity for public comment will be provided.

    Additional Information

    The meeting is free and open to the public. If you require a translator or interpreter, please notify the individual listed below as the “Contact Person for Further Information,” at least three business days prior to the meeting.

    A conference call line will be provided for those who cannot attend in person. Please use the following dial-in number to join the conference:

    Dial-In:

    1 (888) 862-6557 U.S. Toll Free 1 (630) 691-2748 U.S. Toll

    Confirmation Number: 43256576.

    The CSB is an independent federal agency charged with investigating accidents and hazards that result, or may result, in the catastrophic release of extremely hazardous substances. The agency's Board Members are appointed by the President and confirmed by the Senate. CSB investigations look into all aspects of chemical accidents and hazards, including physical causes such as equipment failure as well as inadequacies in regulations, industry standards, and safety management systems.

    Public Comment

    The time provided for public statements will depend upon the number of people who wish to speak. Speakers should assume that their presentations will be limited to three minutes or less, but commenters may submit written statements for the record.

    Contact Person for Further Information

    Hillary Cohen, Communication Manager, at [email protected] or (202) 446-8094. Further information about this public meeting can be found on the CSB Web site at: www.csb.gov.

    Dated: August 25, 2016. Kara A. Wenzel, Acting General Counsel, Chemical Safety and Hazard Investigation Board.
    [FR Doc. 2016-20867 Filed 8-25-16; 4:15 pm] BILLING CODE 6350-01-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security [Docket No. 160816751-6751-01] National Defense Stockpile Market Impact Committee Request for Public Comments on the Potential Market Impact of the Proposed Fiscal Year 2018 Annual Materials Plan AGENCY:

    Bureau of Industry and Security, Commerce.

    ACTION:

    Notice of inquiry; request for comments.

    SUMMARY:

    The purpose of this notice is to advise the public that the National Defense Stockpile Market Impact Committee, co-chaired by the Departments of Commerce and State, is seeking public comments on the potential market impact of the proposed Fiscal Year 2018 National Defense Stockpile Annual Materials Plan. The role of the Market Impact Committee is to advise the National Defense Stockpile Manager on the projected domestic and foreign economic effects of all acquisitions, conversions, and disposals involving the stockpile and related material research and development projects. Public comments are an important element of the Committee's market impact review process.

    DATES:

    To be considered, written comments must be received by September 28, 2016.

    ADDRESSES:

    Address all comments concerning this notice to Eric Longnecker, U.S. Department of Commerce, Bureau of Industry and Security, Office of Strategic Industries and Economic Security, 1401 Constitution Avenue NW., Room 3876, Washington, DC 20230, fax: (202) 482-5650 (Attn: Eric Longnecker), email: [email protected]; and Levi White, U.S. Department of State, Bureau of Energy Resources, 2201 C Street NW., Washington, DC 20520, fax: (202) 647-4037 (Attn: Levi White), email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Parya Milani, Office of Strategic Industries and Economic Security, Bureau of Industry and Security, U.S. Department of Commerce, telephone: (202) 482-8228, fax: (202) 482-5650 (Attn: Parya Milani), email: [email protected]

    SUPPLEMENTARY INFORMATION: Background

    Under the authority of the Strategic and Critical Materials Stock Piling Revision Act of 1979, as amended (the Stock Piling Act) (50 U.S.C. 98, et seq.), the Department of Defense's Defense Logistics Agency (DLA), as National Defense Stockpile Manager, maintains a stockpile of strategic and critical materials to supply the military, industrial, and essential civilian needs of the United States for national defense. Section 9(b)(2)(G)(ii) of the Stock Piling Act (50 U.S.C. 98(h)(b)(2)(G)(ii)) authorizes the National Defense Stockpile Manager to fund material research and development projects to develop new materials for the stockpile.

    Section 3314 of the Fiscal Year (FY) 1993 National Defense Authorization Act (NDAA) (50 U.S.C. 98h-1) formally established a Market Impact Committee (the Committee) to “advise the National Defense Stockpile Manager on the projected domestic and foreign economic effects of all acquisitions and disposals of materials from the stockpile. . . .” The Committee must also balance market impact concerns with the statutory requirement to protect the U.S. Government against avoidable loss.

    The Committee is comprised of representatives from the Departments of Commerce, State, Agriculture, Defense, Energy, Interior, the Treasury, and Homeland Security, and is co-chaired by the Departments of Commerce and State. The FY 1993 NDAA directs the Committee to consult with industry representatives that produce, process, or consume the materials stored in or of interest to the National Defense Stockpile Manager.

    As the National Defense Stockpile Manager, the DLA must produce an Annual Materials Plan proposing the maximum quantity of each listed material that may be acquired, disposed of, upgraded, converted, or sold by the DLA in a particular fiscal year. In Attachment 1, the DLA lists the quantities and type of activity (potential acquisition, potential disposal, potential upgrade, potential conversion, or potential sale) associated with each material in its proposed FY 2018 Annual Materials Plan (“AMP”). The quantities listed in Attachment 1 are not acquisition, disposal, upgrade, conversion or sales target quantities, but rather a statement of the proposed maximum quantity of each listed material that may be acquired, disposed of, upgraded, converted, or sold in a particular fiscal year by the DLA, as noted. The quantity of each material that will actually be acquired or offered for sale will depend on the market for the material at the time of the acquisition or offering, as well as on the quantity of each material approved for acquisition, disposal, conversion, or upgrade by Congress.

    The Committee is seeking public comments on the potential market impact associated with the proposed FY 2018 AMP as enumerated in Attachment 1. Public comments are an important element of the Committee's market impact review process.

    Submission of Comments

    The Committee requests that interested parties provide written comments, supporting data and documentation, and any other relevant information on the potential market impact of the quantities associated with the proposed FY 2018 AMP. All comments must be submitted to the addresses indicated in this notice. All comments submitted through email must include the phrase “Market Impact Committee Notice of Inquiry” in the subject line.

    The Committee encourages interested persons who wish to comment to do so at the earliest possible time. The period for submission of comments will close on September 28, 2016. The Committee will consider all comments received before the close of the comment period. Comments received after the end of the comment period will be considered, if possible, but their consideration cannot be assured.

    All comments submitted in response to this notice will be made a matter of public record and will be available for public inspection and copying. Anyone submitting business confidential information should clearly identify the business confidential portion of the submission and also provide a non-confidential submission that can be placed in the public record. The Committee will seek to protect such information to the extent permitted by law.

    The Office of Administration, Bureau of Industry and Security, U.S. Department of Commerce, displays public comments on the BIS Freedom of Information Act (FOIA) Web site at http://www.bis.doc.gov/foia. This office does not maintain a separate public inspection facility. If you have technical difficulties accessing this Web site, please call BIS's Office of Administration at (202) 482-1900 for assistance.

    Dated: August 23, 2016. Kevin J. Wolf, Assistant Secretary for Export Administration. Proposed Fiscal Year 2018 Annual Materials Plan Material Unit Quantity Footnote Potential Disposals: Beryllium Metal ST 2 Chromium, Ferro ST 23,500 Chromium, Metal ST 200 E-Waste MT 50 (2) Dysprosium MT 0.5 Germanium Scrap kg 5,000 Iridium Catalyst Lbs 50 Manganese, Ferro ST 50,000 Manganese, Metallurgical Grade SDT 322,025 Nickel Based Alloys Lbs 150,000 Platinum Tr Oz 8,380 Platinum—Iridium Tr Oz 489 Tantalum Carbide Powder Lb Ta 3,777 Tantalum Scrap Lbs 190 Tin MT 804 Titanium Based Alloys Lbs 75,000 Tungsten Metal Powder LB W 275,738 (1) Tungsten Ores and Concentrates LB W 3,000,000 Yttrium Aluminum Garnet Rods kg 250 Zinc ST 7,993 (1) Potential Acquisitions: Antimony MT 1,100 Beryllium Metal ST 2 (3) Boron Carbide MT 1,000 High Modulus High Strength Carbon Fibers MT 72 CZT (Cadmium Zinc Tellurium substrates) cm 2 32,000 Dysprosium MT 0.5 Electrolytic Manganese Metal MT 3,000 Europium MT 18 Ferro-niobium MT 209 Germanium Metal kg 1,000 HMX/RDX Lbs 5,500,000 Lithium Cobalt Oxide (LCO) kg 600 Lithium Nickel Cobalt Aluminum Oxide (LNCAO) kg 2,160 Mesocarbon Microbeads (MCMB) kg 15,552 Rare Earths MT 416 (4) Silicon Carbide Fibers Lbs 875 TATB (Triamino-Trinitrobenzene) LB 48,000 Tantalum Lb Ta 33,990 Tungsten-3 Rhenium Metal kg 5,000 Yttrium Oxide MT 10 Potential Conversions: Beryllium Metal ST 2 Footnote Key: 1 Actual quantity will be limited to remaining inventory. 2 Strategic and Critical Materials collected from E-Waste. 3 This acquisition allows for use of non-stockpile materials in the production of material meeting modern specifications. U.S.C. 50 § 98 Sec. 5a(1) allows for replacement of stockpile materials with better quality material without specific legislated authority. 4 Excludes acquisition of yttrium, dysprosium and europium as these rare earths were requested under separate legislation.
    [FR Doc. 2016-20579 Filed 8-26-16; 8:45 am] BILLING CODE 3510-33-P
    DEPARTMENT OF COMMERCE International Trade Administration Healthcare Business Development Mission to China AGENCY:

    International Trade Administration, Department of Commerce.

    ACTION:

    Replacement of trade mission statement.

    SUMMARY:

    The United States Department of Commerce, International Trade Administration is replacing a notice published June 30, 2016, at 81 FR 42654, for its Healthcare Business Development Mission to China, to amend the dates of that mission to Oct. 16-21, 2016.

    SUPPLEMENTARY INFORMATION:

    Replacement of Trade Mission Statement.

    Background

    The United States Department of Commerce, International Trade Administration is amending the dates of the Healthcare Business Development Mission to China to Oct. 16-21, 2016.

    Replacement Healthcare Business Development Mission to China, October 16-21, 2016

    The United States Department of Commerce, International Trade Administration, is organizing an executive-led Healthcare Business Development Mission to China with an emphasis on the Sector. The mission will be led by the Deputy Secretary of Commerce with participation from U.S. Department of Health and Human Services to facilitate access to the appropriate Chinese government agencies.

    The purpose of the mission is open access to Chinese government health officials and to introduce U.S. firms and trade associations to the Chinese Healthcare market as well as assist U.S. companies to find business partners and export their products and services to China. The mission is intended to include representatives from U.S. companies and U.S. trade associations with members that provide high end, innovative medical devices (especially imaging), healthcare technology equipment, innovative pharmaceuticals, hospital management or senior care management solutions, and medical education or training, hospital cooperation (i.e. management and education), as well as pharmaceuticals and senior care segments.

    Healthcare is an important issue for both the China. Today, China's annual healthcare spending is about $590.2 billion or 5.7% of its GDP. Commerce and health are not mutually exclusive, as workers become ill and as the cost of healthcare and insurance increases there is a direct impact on business through the loss of worker productivity and skilled workers, and reduced output. With fewer healthy workers earning incomes, businesses will also be harmed by decreased size and purchasing power of consumers. Families and individuals will be burdened with the impact of reduced incomes, increased health costs, and increased likelihood of long term care. As the world's two largest economies, how the two sides approach healthcare in the future has the potential to impact global macro-economic stability and future economic growth.

    In recent years China has prioritized the reform of its healthcare system, to ensure citizens have good quality and affordable care, especially given the trends in the population and the increase in various health issues. The aging population, chronic disease and lack of fitness for children create challenges and burdens on establishing an effective healthcare system. Incidence of non-communicable disease (NCDs) such as cardiovascular disease, cancer and diabetes has rapidly increased. Economic growth is also impeded because NCDs hit workers in their prime years of productivity—creating long term chronic conditions, withdrawal from the workforce, diminished family resources and early death. Tackling the prevalence and significance of NCDs is challenging. The causes are rooted in the universal trends of aging and rapid urbanization, demographic factors which will only increase in the future.

    Facing similar challenges and possessing common goals to achieve a successful healthcare ecosystem, the United States and China are well positioned to share experiences and find solutions to existing problems through uniting government and private sector forces at the intersection of commerce and healthcare. Areas of mutual collaboration in the healthcare could focus on improving patient access and services delivery, as well as areas of cooperation to benefit the health and lives of the population. As China reforms its' healthcare system and endeavors to create an innovative medical device and pharmaceutical industry it risks the alienation of foreign firms in the market. This trade mission will offer U.S. firms not only the opportunity to market their products and services, but also to explore ways that U.S. industry can support China's efforts to reform their healthcare system through win-win bilateral healthcare cooperation.

    The trade mission will include one-on-one business appointments with pre-screened potential buyers, agents, distributors and joint venture partners; meetings with national and regional government officials, chambers of commerce, and business groups; and networking receptions for companies and trade associations representing companies interested in expansion into the Chinese markets. Meetings will be offered with government authorities (such as the National Health and Family Planning Commission, China Food and Drug Administration, Ministry of Human Resources and Social Services, and Ministry of Civil Affairs) that can address questions about policies, tariff rates, incentives, regulations, etc.

    Schedule Sunday, October 16 Business Delegation arrives Beijing Business Delegation Meet and Greet/Icebreaker Monday, October 17 China Economic and Market briefing by U.S. Embassy staff on programs and opportunities in the Healthcare Sector Business Delegation Meeting with Vice Minister of National Health and Planning Commission Lunch hosted by Healthcare Association Business Delegation Meeting with Vice Minister of China Food and Drug Administration Business Delegation Meeting with Vice Minister of Ministry of Human Resources and Social Services Tuesday, October 18 Business Delegation Meeting with Vice Minister of Ministry of Civil Affairs Business Delegation Meeting with Commissioner of China Insurance Regulatory Commission Business Delegation Business-to-Business Meetings Mission Reception Hosted By U.S. Ambassador Baucus Wednesday, October 19 Airport Transfer to Beijing (PEK) Airport Morning Travel to Chongqing (post will recommend a specific flight, however flight is not included in the mission cost) Airport Transfer from Chongqing Airport Lunch Briefing by U.S. Consulate Chengdu staff on programs and opportunities in the Healthcare Sector Business Delegation Meeting with Chongqing Government Leadership Hospital Site Visit or Evening tourism event Thursday, October 20 Healthcare Association event (Healthcare Symposium, co-host with Chongqing Government) Business Delegation Networking Luncheon Business Delegation Business-to-Business Meetings CG-hosted Dinner for U.S. companies and USGs Friday, October 21 Business Delegation Meeting with Chongqing Health Bureau Lunch Wrap-up Meeting Afternoon—Delegates free to depart

    Web site: Please visit our official mission Web site for more information: http://2016.export.gov/china/healthcaretrademission/.

    Participation Requirements

    All parties interested in participating in the trade mission must complete and submit an application package for consideration by the DOC. All applicants will be evaluated on a staggered basis on their ability to meet certain conditions and best satisfy the selection criteria as outlined below. A minimum of 15 and maximum of 18 firms and/or trade associations or organizations will be selected to participate in the mission from the applicant pool.

    Fees and Expenses

    After a trade association/organization has been selected to participate on the mission, a payment to the Department of Commerce in the form of a participation fee is required. The participation fee for the Trade Mission will be $10,500 for a small or medium-sized enterprise (SME); 1 and $12,500 for a large firm and trade association/organization. The fee for each additional firm representative (large firm or SME/trade organization) is $3,500. Expenses for travel, lodging, meals, and incidentals will be the responsibility of each mission participant. Interpreter and driver services can be arranged by the CS for additional cost. Delegation members will be able to take advantage of U.S. Embassy rates for hotel rooms.

    1 An SME is defined as a firm with 500 or fewer employees or that otherwise qualifies as a small business under SBA regulations (see http://www.sba.gov/services/contractingopportunities/sizestandardstopics/index.html). Parent companies, affiliates, and subsidiaries will be considered when determining business size. The dual pricing reflects the Commercial Service's user fee schedule that became effective May 1, 2008 (see http://www.export.gov/newsletter/march2008/initiatives.html for additional information).

    Application: All interested firms and associations may register via the following link: ttps://emenuapps.ita.doc.gov/ePublic/TM/7R0L.

    Exclusions

    The mission fee does not include any personal travel expenses such as lodging, most meals, local ground transportation (except for transportation to and from meetings, and airport transfers during the mission), and air transportation. Participants will, however, be able to take advantage of U.S. Government rates for hotel rooms. Electronic visas are required to participate on the mission, which are easily obtainable online. Applying for and obtaining such visas will be the responsibility of the mission participant. Government fees and processing expenses to obtain such visas are not included in the participation fee. However, the Department of Commerce will provide instructions to each participant on the procedures required to obtain necessary business visas.

    Timeline for Recruitment and Applications

    Mission recruitment will be conducted in an open and public manner, including publication in the Federal Register, posting on the Commerce Department trade mission calendar (http://export.gov/trademissions) and other Internet Web sites, press releases to general and trade media, direct mail, notices by industry trade associations and other multiplier groups, and publicity at industry meetings, symposia, conferences, and trade shows. Recruitment for the mission will begin immediately and conclude no later than 5 August 2016. The U.S. Department of Commerce will review applications and make selection decisions on a staggered basis. Applications received after 5 August 2016, will be considered only if space and scheduling constraints permit.

    FOR FURTHER INFORMATION CONTACT: Mr. Dennis Simmons, Commercial Officer, U.S. Embassy Beijing | U.S. Department of Commerce, Beijing, China, Tel: + (86)1-8531-3445, [email protected] Mr. Eric Hsu, Principal Commercial Officer, U.S. ConsulateChengdu | U.S. Department of Commerce, Chengdu, China, Tel: + (86) 28-8518-3992, [email protected] Ms. Yolinda Qu, International Trade Specialist, U.S. Department of Commerce, Office of China and Mongolia, Washington, DC, Tel: (202) 482-0007, [email protected] Ms. Melissa Hill, Deputy Team Leader, Global China Team, U.S. Department of Commerce, U.S. Export Assistance Center—New York City, Tel: (212) 809-2675, [email protected] Frank Spector, Senior Advisor for Trade Missions.
    [FR Doc. 2016-20526 Filed 8-26-16; 8:45 am] BILLING CODE 3510-DR-P
    DEPARTMENT OF COMMERCE International Trade Administration Subsea & Onshore Technology Trade Mission to Rio de Janeiro, Brazil October 19-21, 2016; Cancellation AGENCY:

    International Trade Administration, U.S. Department of Commerce.

    ACTION:

    Notice; cancellation.

    SUMMARY:

    The United States Department of Commerce, International Trade Administration, published a notice in the Federal Register at 80 FR 76657 (December 10, 2015), regarding the Subsea & Onshore Technology Trade Mission to Rio de Janeiro, Brazil October 19-21, 2016. This mission has been cancelled due to scheduling difficulties.

    SUPPLEMENTARY INFORMATION:

    Trade Mission Cancellation.

    Background

    Interested U.S. companies and trade associations/organizations providing oil and gas equipment, technology, or services as well as U.S. companies seeking to enter the Brazilian market for the first time are being encouraged to contact us for information on the Gold Key Service (GKS) — through the U.S. Department of Commerce, U.S. Commercial Service.

    CONTACT INFORMATION:

    Ethel M. Azueta Glen, International Trade Specialist, Trade Missions, U.S. Department of Commerce, Washington, DC 20230, Tel: 202-482-5388, Fax: 202-482-9000, [email protected]

    Frank Spector, Director, Trade Missions Program.
    [FR Doc. 2016-20615 Filed 8-26-16; 8:45 am] BILLING CODE 3510-DR-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-433-812, A-423-812, A-427-828, A-428-844, A-475-834, A-588-875, A-580-887, A-570-047, A-583-858] Certain Carbon and Alloy Steel Cut-to-Length Plate From Austria, Belgium, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, the People's Republic of China, and Taiwan: Postponement of Preliminary Determinations of Antidumping Duty Investigations AGENCY:

    Enforcement and Compliance, International Trade Administration, Department of Commerce

    DATES:

    Effective August 29, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Edythe Artman at (202) 482-3931 (Austria), Elizabeth Eastwood at (202) 482-3874 (Belgium and Italy), Terre Keaton Stefanova at (202) 482-1280 (France), Brandon Custard at (202) 482-1823 (Federal Republic of Germany (Germany)), Kabir Archuletta at (202) 482-2593 (Japan), Mike Heaney at (202) 482-4475 (Republic of Korea (Korea)), Irene Gorelik at (202) 482-6905 (the People's Republic of China (the PRC)), or Tyler Weinhold at (202) 482-1121 (Taiwan); AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.

    SUPPLEMENTARY INFORMATION: Background

    On April 28, 2016, the Department of Commerce (the Department) initiated antidumping duty (AD) investigations concerning imports of certain carbon and alloy steel cut-to-length plate (CTL plate) from Austria, Belgium, Brazil, the People's Republic of China (PRC), France, the Federal Republic of Germany (Germany), Italy, Japan, the Republic of Korea (Korea), South Africa, Taiwan, and the Republic of Turkey.1 Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.205(b)(1) state the Department will make a preliminary determination no later than 140 days after the date of the initiation. The current deadline for the preliminary determinations of these investigations is no later than September 15, 2016.

    1See Certain Carbon and Alloy Steel Cut-To-Length Plate From Austria, Belgium, Brazil, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, the People's Republic of China, South Africa, Taiwan, and the Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations, 81 FR 27089 (May 5, 2016).

    Postponement of Preliminary Determinations

    On August 15, 2016, ArcelorMittal USA LLC, Nucor Corporation, and SSAB Enterprises, LLC (the petitioners) made a timely request, pursuant to 19 CFR 351.205(e), for postponement of the preliminary determinations in the investigations of CTL plate from Austria, Belgium, the PRC, France, Germany, Italy, Japan, Korea, and Taiwan, in order to provide the Department with sufficient time to develop the record in these proceedings through additional questionnaires, which the petitioners will in turn need time to analyze and comment on.2 Because there are no compelling reasons to deny the petitioners' request, in accordance with section 733(c)(1)(A) of the Act, the Department is postponing the deadline for the preliminary determinations by 50 days.

    2See Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, China, France, Germany, Italy, Japan, Korea, and Taiwan—Petitioners' Request for an Extension of the Department's Preliminary Antidumping Duty Determinations, dated August 15, 2016.

    For the reasons stated above, the Department, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determinations to no later than 190 days after the date on which the Department initiated these investigations. Therefore, the new deadline for the preliminary determinations is November 4, 2016. In accordance with section 735(a)(1) of the Act, the deadline for the final determinations of these investigations will continue to be 75 days after the date of the preliminary determinations, unless postponed at a later date.

    This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1).

    Dated: August 22, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2016-20694 Filed 8-26-16; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Implementation of Vessel Speed Restrictions To Reduce the Threat of Ship Collisions With North Atlantic Right Whales AGENCY:

    National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    Written comments must be submitted on or before October 28, 2016.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at [email protected]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Gregory Silber, Ph.D., Fishery Biologist, Office of Protected Resources, NMFS, (301) 427-8485.

    SUPPLEMENTARY INFORMATION: I. Abstract

    This request is for an extension of a current information collection. On October 10, 2008, NMFS published a final rule promulgated under the Endangered Species Act implementing speed restrictions to reduce the incidence and severity of ship collisions with North Atlantic right whales (73 FR 60173). That final rule contained a collection-of-information requirement subject to the Paperwork Reduction act (PRA). Specifically, 50 CFR 224.105(c) requires a logbook entry to document that a deviation from the 10-knot speed limit was necessary for safe maneuverability under certain conditions.

    In certain sea and weather conditions, a large ship may lose maneuverability at slow speeds. Therefore, under such conditions a ship, at the captain's discretion, may opt not to abide by the speed restrictions. If she/he chooses this option, she/he is required to make an entry into the ship's log, providing such information as: The reasons for the deviation, the speed at which the vessel is operated, the area, and the time and duration of such deviation.

    II. Method of Collection

    Typically, paper logbooks are not routinely submitted to a federal agency and remain entirely on individual vessels. However, logbooks may be requested by federal authorities if questions arise regarding the circumstances under which the deviation was invoked.

    III. Data

    OMB Control Number: 0648-0580.

    Form Number: None.

    Type of Review: Regular (extension of a current information collection).

    Affected Public: Business or other for-profit organizations.

    Estimated Number of Respondents: 3,000.

    Estimated Time per Response: 5 minutes.

    Estimated Total Annual Burden Hours: 250.

    Estimated Total Annual Cost to Public: $0 in recordkeeping/reporting costs.

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: August 24, 2016. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2016-20661 Filed 8-26-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE842 South Atlantic Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of public meeting of the South Atlantic Fishery Management Council.

    SUMMARY:

    The South Atlantic Fishery Management Council (Council) will hold meetings of the: Habitat Protection and Ecosystem-Based Management Committee; Information and Education Committee, Scientific and Statistical Committee (SSC) Selection Committee (Closed Session); Advisory Panel (AP) Selection Committee (Closed Session); Southeast Data, Assessment and Review (SEDAR) Committee; Snapper Grouper Committee; Joint Dolphin Wahoo, Snapper Grouper, and Mackerel Cobia Committees; Mackerel Cobia Committee; Law Enforcement Committee; Protected Resources Committee; Data Collection Committee; Highly Migratory Species (HMS) Committee; Executive Finance Committee; and a meeting of the Full Council. The Council will also hold a Parliamentary Practice Workshop, an informal Q&A session, and a formal public comment session. The Council will take action as necessary.

    DATES:

    The Council meeting will be held from 8:30 a.m. on Monday, September 12, 2016 until 1 p.m. on Friday, September 16, 2016.

    ADDRESSES:

    Meeting address: The meeting will be held at the Marina Inn at Grande Dunes, 8121 Amalfi Place, Myrtle Beach, SC 29572; phone: (877) 403-7676 or (843) 913-1333; fax: (843) 913-1334.

    Council address: South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N. Charleston, SC 29405.

    FOR FURTHER INFORMATION CONTACT:

    Kim Iverson, Public Information Officer, SAFMC; phone: (843) 571-4366 or toll free (866) SAFMC-10; fax: (843) 769-4520; email: [email protected] Meeting information is available from the Council's Web site at: http://safmc.net/Sept2016CouncilMeeting.

    SUPPLEMENTARY INFORMATION:

    Public comment: Written comments may be directed to Gregg Waugh, Executive Director, South Atlantic Fishery Management Council (see ADDRESSES) or electronically via the Council's Web site at: http://safmc.net/Sept2016_CouncilMeeting_CommentForm. All comments must be received by September 5, 2016 in order to be considered by the Council prior to the meeting. For written comments received after the Monday before the meeting (after 9/5), individuals sending the comment must use the Council's online form available from the Web site. Comments will automatically be posted to the Web site and available for Council consideration. Comments received prior to noon on Thursday, September 15, 2016 will be a part of the meeting administrative record.

    The items of discussion in the individual meeting agendas are as follows:

    Parliamentary Practice Workshop, Monday, September 12, 2016, 8:30 a.m. Until 12 p.m.

    Council members will participate in a workshop on Parliamentary practice with a focus on Robert's Rules and effective communication.

    Habitat Protection and Ecosystem-Based Management Committee Meeting, Monday, September 12, 2016, 1:30 p.m. Until 4 p.m.

    1. The Committee will receive a report from the Habitat Protection and Ecosystem-Based Management Advisory Panel and a summary of the Food Web & Connectivity and Climate Variability & Fisheries sections of the Council's Fishery Ecosystem Plan (FEP).

    2. The Committee will review policy considerations supporting Policy Statement Development, Habitat and Ecosystem Tools, and model development. The Committee will provide recommendations as appropriate.

    Information and Education Committee, Monday, September 12, 2016, 4 p.m. Until 5 p.m.

    The Committee will receive an overview of the results of the Council's recent communications survey and an update on outreach activities. The Committee will provide guidance as needed.

    SSC Selection Committee, Tuesday, September 13, 2016, 8:30 a.m. Until 9:30 a.m. (Closed Session)

    The Committee will review applications for the SSC and provide recommendations for Council consideration.

    AP Selection Committee, Tuesday, September 13, 2016, 9:30 a.m. Until 11 a.m. (Closed Session)

    The Committee will review applications for open advisory panel seats and provide recommendations for Council consideration.

    SEDAR Committee, Tuesday, September 13, 2016, 11 a.m. Until 12 p.m.

    The Committee will receive updates on SEDAR projects and provide guidance on a Research Track Proposal and assessment priorities.

    Informal Q & A, Tuesday, September 13, 2016, beginning at 5:30 p.m. with Sam Rauch, Deputy Assistant Administrator for Regulatory Programs NOAA Fisheries; Dr. Roy Crabtree, NOAA Fisheries Southeast Regional Administrator; Dr. Bonnie Ponwith, NOAA Fisheries Southeast Fisheries Science Center Director; and Dr. Michelle Duval, South Atlantic Fishery Management Council Chair.

    Snapper Grouper Committee, Tuesday, September 13, 2016, 1:30 p.m. Until 5:30 p.m. and Wednesday, September 14, 2016, 8:30 a.m. Until 12 p.m.

    1. The Committee will receive updates from NOAA Fisheries on the status of commercial catches versus quotas for species under Annual Catch Limits (ACLs) and the status of amendment currently under Secretarial review and take action as necessary.

    2. The Committee will receive an overview of Snapper Grouper Amendment 37 addressing measures for hogfish, review comments on the Draft Environmental Impact Statement (DEIS) and Final Environmental Impact Statement (FEIS), modify the document as appropriate, and approve for Secretarial review.

    3. The Committee will review Snapper Grouper Amendment 41 addressing management measures for mutton snapper, consider public hearing comments, modify the document as appropriate, and approve all actions.

    4. The Committee will receive an overview of management options for red snapper to be addressed in Amendment 43, modify the document as necessary, approve for scoping, discuss and consider emergency action, and provide guidance to staff.

    5. The Committee will review management options to include in a Vision Blueprint Recreational Amendment, discuss and provide guidance to staff as necessary.

    6. The Committee will receive an overview of the assessment methodology used for golden tilefish in the Mid-Atlantic and the Council's rationale for not linking permits/catch history to endorsements, discuss changing the fishing year for the hook-and-line component of the commercial golden tilefish fishery and provide guidance as needed.

    7. The Committee will discuss changing the mesh size of black sea bass pots and take action as necessary.

    8. The Committee will receive an overview of the Red Grouper Stock Assessment and Fisheries Evaluation (SAFE) report, discuss and provide guidance to staff.

    Joint Dolphin Wahoo, Snapper Grouper, and Mackerel Cobia Committees, Wednesday, September 14, 2016, 1:30 p.m. Until 3:30 p.m.

    1. The Committees will receive status updates from NOAA Fisheries on commercial catches versus annual catch limits (ACLs) for dolphin and wahoo and amendments currently under Secretarial review.

    2. The Committees will receive an overview of Amendment 10 to the Dolphin Wahoo Fishery Management Plan (FMP)/Amendment 44 to the Snapper Grouper FMP addressing allocations for dolphin and yellowtail snapper, review scoping comments, and provide direction to staff as appropriate.

    3. The Committees will receive an overview of options for a Limited Entry program for federal For-Hire Permits in the Snapper Grouper, Coastal Migratory Pelagic, and Dolphin Wahoo fisheries in the South Atlantic/Atlantic. The Committees will discuss options and provide direction to staff.

    Mackerel Cobia Committee, Wednesday, September 14, 2016: 3:30 p.m. Until 5:30 p.m. and Thursday, September 15, 2016: 8:30 a.m. Until 9:30 a.m.

    1. The Committee will receive a report from NOAA Fisheries on commercial catches versus ACLs and the status of amendments under review, and an explanation of what happened with the cobia commercial overage in 2015. The Committee will discuss and take action as appropriate.

    2. The Committee will receive reports from the June/August 2016 Gulf Council meetings, the August 2015 Atlantic States Marine Fisheries Commission (ASMFC) meeting, and the August 2016 Mid-Atlantic Council meeting, discuss and take action as appropriate.

    3. The Committee will receive a presentation on the South Carolina Distinct Population Segment of Atlantic cobia, discuss and take action as appropriate.

    4. The Committee will receive an overview of Framework Amendment 4 to the Coastal Migratory Pelagic FMP addressing management measures for Atlantic cobia, review public hearings comment, modify the document as needed, select preferred alternatives, and approve the document for Secretarial review. The Committee will also provide direction to staff on any emergency action and addressing any change to the fishing year for Atlantic cobia.

    5. The Committee will review Framework Amendment 5 to the Coastal Migratory Pelagic FMP that would remove current restrictions on commercial king mackerel and Spanish mackerel permits that prohibit the retention of bag limit king mackerel and Spanish mackerel on recreational (non-commercial and non-charter/headboat) trips on federally permitted vessels when commercial harvest is closed for the Gulf of Mexico and South Atlantic/Mid-Atlantic regions. The Committee will review public input, modify the document as needed, select preferred alternatives, and approve for Secretarial review.

    6. The Committee will receive an overview of Amendment 29 to the Coastal Migratory Pelagic FMP to address allocations of Gulf migratory group king mackerel, select preferred alternatives, and modify as necessary.

    Formal Public Comment, Wednesday, September 14, 2016, 5:30 p.m.—Public comment will be accepted on items on the Council agenda. Comment will be accepted first on items before the Council for Secretarial approval: (1) Snapper Grouper Amendment 37 (hogfish); (2) Coastal Migratory Pelagics Framework Amendment 4 (Atlantic cobia); and (3) Coastal Migratory Pelagics Framework Amendment 5 (Modify permit restrictions). The Council Chair, based on the number of individuals wishing to comment, will determine the amount of time provided to each commenter.

    Law Enforcement Committee, Thursday, September 15, 2016, 9:30 a.m. Until 10:30 a.m.

    The Committee will receive a summary report from the Joint meeting of the Law Enforcement Committee and Advisory Panel and provide recommendations as appropriate.

    Protected Resources Committee, Thursday, September 15, 2016, 10:30 a.m. Until 11:30 a.m.

    The Committee will receive an update from NOAA Fisheries on Protected Resources issues including the Biological Opinion for the Snapper Grouper fishery and a 12-month determination for Nassau grouper. The Committee will also receive an update from the U.S. Fish and Wildlife Service/ASMFC.

    Data Collection Committee, Thursday, September 15, 2016, 1 p.m. Until 4 p.m.

    1. The Committee will receive an update from NOAA Fisheries on the status of work relative to Comprehensive Ecosystem-Based Amendment 3 (CE-BA 3) addressing bycatch and the final Standardized Bycatch Reporting Methodology (SBRM) rule, discuss the amendment and provide direction to staff.

    2. The Committee will receive an update on the status of the Implementation Plan and cost analyses for commercial logbook electronic reporting, discuss and provide guidance to staff.

    3. The Committee will also receive an overview of the Atlantic For-Hire Reporting Amendment, an update on the Council's for-hire pilot project, a report from the South Carolina Department of Natural Resources on their for-hire logbook validation and verification project, and provide guidance as appropriate.

    4. The Committee will receive an update on the Council's Citizen Science Program, discuss, and take action as appropriate.

    Highly Migratory Species (HMS) Committee, Thursday, September 15, 2016, 4 p.m. Until 5 p.m.

    1. The Committee will receive an update on the HMS Advisory Panel meeting, discuss and take action as appropriate.

    2. The Committee will receive a presentation from NOAA Fisheries HMS on the Proposed Rule/Environmental Assessment (EA) for non-blacknose small coastal shark and blacknose shark fisheries and draft EA for HMS Amendment 10 addressing Essential Fish Habitat and Habitat Areas of Particular Concern, discuss and take action as necessary.

    Executive Finance Committee, Thursday, September 15, 2016, 5 p.m. Until 6 p.m.

    1. The Committee will receive an update on the status of expenditures for Calendar Year (CY) 2016; review, modify, and approve the Council Follow-up and work priorities; and provide recommendations as appropriate.

    2. The Committee will discuss standards and procedures for participating in Council webinar meetings and for accepting public comment, review the Council/NOAA Fisheries/NOAA Regional Operations Agreement, and take action as appropriate.

    Council Session: Friday, September 16, 2016, 8:30 a.m. Until 1 p.m.

    8:30-8:45 a.m.: Call the meeting to order, swearing in of new Council members, election of chair and vice-chair, adopt the agenda, and approve the June 2016 meeting minutes.

    8:45-9:30 a.m.: The Council will receive a report from the Snapper Grouper Committee and approve/disapprove Snapper Grouper Amendment 37 (hogfish) for Secretarial review and approve Snapper Grouper Amendment 43 (red snapper) for scoping. The Council will consider other Committee recommendations and take action as appropriate.

    9:30-10:00 a.m.: The Council will receive a report from the Mackerel Cobia Committee, approve/disapprove Coastal Migratory Pelagics Framework Amendment 4 (Atlantic cobia) for Secretarial review and approve/disapprove any cobia emergency action, approve/disapprove Framework Amendment 5 (Modifying permit restrictions) for Secretarial review, consider other Committee recommendations, and take action as appropriate.

    10 a.m.-10:10 a.m.: The Council will receive a report from the HMS Committee, consider recommendations, and take action as appropriate.

    10:10-10:30 a.m.: The Council will receive a report from the Joint Dolphin Wahoo, Snapper Grouper, and Mackerel Cobia Committees, consider recommendations, and take action as appropriate.

    10:30-10:40 a.m.: The Council will receive a report from the Protected Resources Committee, consider recommendations and take action as appropriate.

    10:40-10:50 a.m.: The Council will receive a report from the Advisory Panel Selection Committee, consider Committee recommendations, and take action as appropriate.

    10:50-11:00 a.m.: The Council will receive a report from the SSC Selection Committee, consider Committee recommendations, and take action as appropriate.

    11:00- 11:10 a.m.: The Council will receive a report from the SEDAR Committee, consider committee recommendations, and take action as appropriate.

    11:10-11:20 a.m.: The Council will receive a report from the Data Collection Committee, consider committee recommendations, and take action as appropriate.

    11:20-11:25 a.m.: The Council will receive a report from the Habitat and Ecosystem-Based Management Committee, consider any committee recommendations, and take action as appropriate.

    11:25-11:30 a.m.: The Council will receive a report from the Law Enforcement Committee, consider recommendations, and take action as appropriate.

    11:30-11:35 a.m.: The Council will receive a report from the Information and Education Committee, consider recommendations, and take action as appropriate.

    11:35-11:45 a.m.: The Council will receive a report from the Executive Finance Committee, approve the Council Follow-Up and Priorities, approve the Council/NOAA Fisheries/NOAA Regional Operations Agreement, consider other Committee recommendations, and take action as appropriate.

    11:45-1 p.m.: The Council will receive status reports from NOAA Fisheries Southeast Regional Office and the Southeast Fisheries Science Center; review and develop recommendations on Experimental Fishing Permits as necessary; receive agency and liaison reports; and discuss other business and upcoming meetings.

    Documents regarding these issues are available from the Council office (see ADDRESSES).

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency.

    Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for auxiliary aids should be directed to the council office (see ADDRESSES) 3 days prior to the meeting.

    Note:

    The times and sequence specified in this agenda are subject to change.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: August 24, 2016. Jeffrey N. Lonergan, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-20643 Filed 8-26-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE845 New England Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Committee to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

    DATES:

    This meeting will be held on Wednesday, September 14, 2016 at 9:30 a.m.

    ADDRESSES:

    The meeting will be held at the Fairfield Inn & Suites, 185 MacArthur Drive, New Bedford, MA 02740; phone: (774) 634-2000; fax: (774) 634-2001.

    Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950.

    FOR FURTHER INFORMATION CONTACT:

    Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465-0492.

    SUPPLEMENTARY INFORMATION:

    Agenda

    The Committee will review preliminary 2016 scallop survey results and discuss initial recommendations from the Scallop Plan Development Team (PDT) for FY 2017 and FY 2018 (default) fishery specifications (Framework 28). They plan to review and provide input on Framework 28 management measures; which include: (1) Restricting the possession of shell stock inshore of the days-at-sea demarcation line north of 42°20′ N.; (2) modifying the process for distributing scallop fishery projected landing (ACL flowchart); (3) modifying the Closed Area I AA boundary consistent with potential changes to habitat and groundfish mortality closures. They will also review Advisory Panel recommendations from previous day. Other business will be discussed as necessary. The Committee will continue in a closed door session to review applications to the Advisory Panel.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take final action to address the emergency.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at (978) 465-0492, at least 5 days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: August 24, 2016. Jeffrey N. Lonergan, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-20689 Filed 8-26-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE843 New England Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The New England Fishery Management Council (Council) is scheduling a public meeting of its Groundfish Committee to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

    DATES:

    This meeting will be held on Monday, September 12, 2016 at 10 a.m.

    ADDRESSES:

    The meeting will be held at the Fairfield Inn & Suites, 185 MacArthur Drive, New Bedford, MA 02740; phone: (774) 634-2000; fax: (774) 634-2001.

    Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950.

    FOR FURTHER INFORMATION CONTACT:

    Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465-0492.

    SUPPLEMENTARY INFORMATION: Agenda

    The Committee will receive a summary of recommendations from the Groundfish Advisory Panel, which met on August 30. They will discuss Framework Adjustment 56, particularly the specifications and management measures, (1) draft alternatives and make recommendations to the Council, (2) they will receive a Plan Development Team (PDT) report that summarizes Atlantic halibut management and recent catch and effort for the directed fishery in the State of Maine, (3) and review a draft letter to the Secretary of Commerce/State of Maine on the halibut issue and make recommendations to the Council. They also plan to discuss the Groundfish Monitoring Action, specifically a progress report from the PDT on the white paper on monitoring strategies, and develop recommendations to the Council. The Committee will discuss possible groundfish priorities for 2017, and develop initial recommendations to the Council. Other business will be discussed as necessary. The Committee will continue in a closed door session to review applications to the Recreational Advisory Panel and Groundfish Advisory Panel.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take final action to address the emergency.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at (978) 465-0492, at least 5 days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: August 24, 2016. Jeffrey N. Lonergan, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-20644 Filed 8-26-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE766 Marine Mammals; File Nos. 19669 and 20532 AGENCY:

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

    ACTION:

    Notice; receipt of applications.

    SUMMARY:

    Notice is hereby given that the Chicago Zoological Society [Michael J. Adkesson, D.V.M., Responsible Party], 3300 South Golf Rd., Brookfield, Illinois 60513 (File No. 19669), and Stephen John Trumble, Ph.D., Baylor University, 101 Bagby Ave., Waco, TX 76706 (File No. 20532), have applied in due form for permits to import, export, and receive marine mammal parts for scientific research.

    DATES:

    Written, telefaxed, or email comments must be received on or before September 28, 2016.

    ADDRESSES:

    The applications and related documents are available for review by selecting “Records Open for Public Comment” from the “Features” box on the Applications and Permits for Protected Species (APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File No. 19669 or 20532 from the list of available applications.

    These documents are also available upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427-8401; fax (301) 713-0376.

    Written comments on either of these applications should be submitted to the Chief, Permits and Conservation Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713-0376, or by email to [email protected] Please include the File No. 19669 or 20532 in the subject line of the email comment.

    Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate.

    FOR FURTHER INFORMATION CONTACT:

    Shasta McClenahan or Jennifer Skidmore, (301) 427-8401.

    SUPPLEMENTARY INFORMATION:

    The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222-226).

    File No. 19669: The applicant proposes to import and export biological samples taken for scientific research that continues the long term evaluation and monitoring of South American fur seal (Arctocephalus australis) and South American sea lion (Otaria flavescens) population health at the Punta San Juan reserve and marine protected area in Peru. The requested duration of the permit is 5 years.

    File No. 20532: The applicant proposes to import and export biological samples from museum holdings and stranded animals worldwide for scientific research to chronologically profile anthropogenic and physiological data including hormones and pesticides to record exposure and stress. Earwax and baleen samples will be from blue (Balaenoptera musculus), gray (Eschrichtius robustus), fin (Balaenoptera physalus), minke (Balaenoptera acutorostrata), bowhead whales (Balaena mysticetus), and humpback whales (Megaptera novaeangliae), and earwax only from sperm whales (Physeter macrocephalus). Earwax and baleen may also be obtained from subsistence hunted bowhead whales in Alaska. The requested duration of the permit is 5 years.

    In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activities proposed are categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement.

    Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of the applications to the Marine Mammal Commission and its Committee of Scientific Advisors.

    Dated: August 24, 2016. Julia Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2016-20613 Filed 8-26-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE808 Notice of availability of the Final Restoration Plan and Programmatic Environmental Impact Statement for Restoration Resulting From the Kalamazoo River Natural Resource Damage Assessment Related to the Allied Paper, Inc./Portage Creek/Kalamazoo River Superfund Site AGENCY:

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

    ACTION:

    Notice of availability of a Final Restoration Plan and Programmatic Environmental Impact Statement.

    SUMMARY:

    The National Oceanic and Atmospheric Administration (NOAA) and the U.S. Fish and Wildlife Service (USFWS) announce the availability of the Final Restoration Plan and Programmatic Environmental Impact Statement for Restoration Resulting from the Kalamazoo River Natural Resource Damage Assessment (RP/PEIS). The purpose of the RP/PEIS is to evaluate, in compliance with the National Environmental Policy Act (NEPA), the potential direct, indirect, and cumulative impacts of implementing the alternative programmatic approaches to restoration in the Kalamazoo River watershed. USFWS, NOAA, and the State of Michigan (collectively referred to as the “Trustees”) also present their plan for restoration projects authorized by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), to compensate for injuries to natural resources from polychlorinated biphenyls (PCBs) released at and from the Allied Paper, Inc./Portage Creek/Kalamazoo River Superfund Site (Superfund Site). The RP/PEIS identifies and evaluates the environmental impacts associated with restoration actions that may be implemented to compensate for injuries to natural resources and associated services.

    ADDRESSES:

    Obtaining documents: You may download the RP/PEIS at https://www.fws.gov/midwest/es/ec/nrda/KalamazooRiver/index.html. Alternatively, you may request a CD of the document from Lisa Williams, U.S. Fish and Wildlife Service, East Lansing Field Office, 2651 Coolidge Road East Lansing, MI 48823.

    FOR FURTHER INFORMATION CONTACT:

    Lisa Williams, USFWS, by email at [email protected] or by phone at (517) 351-8324.

    SUPPLEMENTARY INFORMATION:

    Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9601 et seq., parties responsible for releasing hazardous substances into the environment are liable both for the costs of responding to the release (by cleaning up, containing, or otherwise remediating the release) and for damages arising from injuries to publicly owned or managed natural resources resulting from the release. CERCLA's Natural Resource Damage Assessment (NRDA) regulations (43 CFR 11) prescribe the process of assessing the nature and extent of the resulting injury, destruction, or loss of natural resources and the services they provide. Carrying out of the NRDA process also includes determining the compensation required to make the public whole for such injuries, destruction, or loss. CERCLA authorizes certain Federal and State agencies and Indian tribes to act on behalf of the public as Trustees for affected natural resources. Under CERCLA, these agencies and tribes are authorized to assess natural resource injuries and to seek compensation, referred to as damages, from responsible parties, including the costs of performing the damage assessment. The Trustees are required to use recovered damages for the following purposes only: To restore, replace, or acquire the equivalent of the injured or lost resources and services.

    In the Draft RP/PEIS, the Trustees described restoration projects that could compensate for injuries to natural resources from polychlorinated biphenyls (PCBs) released at and from the Allied Paper, Inc./Portage Creek/Kalamazoo River Superfund Site (Superfund Site). These include both general types of restoration projects as well as two specific projects to restore aquatic connectivity on the Kalamazoo River by removing dams in and near Otsego, Michigan.

    The notice of availability of the Draft RP/PEIS was published in the Federal Register on September 14, 2015 (80 FR 55144). The Draft RP/PEIS presented alternative programmatic approaches to restoration in the Kalamazoo River watershed and two specific projects as just mentioned, as well as an assessment of impacts of implementing the restoration approaches and projects. The Trustees provided the public with 45 days to review and comment on the Draft RP/PEIS. The Trustees also held a public meeting at the Kalamazoo Nature Center on September 15, 2015, to facilitate public understanding of the document and provide opportunity for public comment. The Trustees considered the public comments received, which informed the Trustees' analysis of programmatic alternatives in the Final RP/PEIS. A summary of the public comments received and the Trustees' responses to those comments are addressed in Chapter 7 with details provided in Appendix D of the Final RP/PEIS.

    The Trustees prepared this RP/PEIS for restoration in the Kalamazoo River watershed pursuant to both CERCLA NRDA regulations and National Environmental Policy Act (NEPA) regulations. The NEPA process consists of a set of fundamental objectives that include interagency coordination and cooperation, and public participation in the planning and development of projects. NEPA requires Federal agencies to conduct environmental reviews of proposed actions to consider the potential impacts on the environment. The Final RP/PEIS describes restoration projects that could compensate for injuries to natural resources from polychlorinated biphenyls (PCBs) released at and from the Allied Paper, Inc./Portage Creek/Kalamazoo River Superfund Site (Superfund Site).

    Industrial activities in the Kalamazoo area have released PCBs into the environment. Recycling of carbonless copy paper at several area paper mills was the primary source of PCB release. Waste from the recycling of such paper conducted at Kalamazoo-area paper mills also contained PCBs, and the waste was disposed of by several methods that resulted in releases of PCBs into the environment. These PCBs have contaminated sediments, the water column, and biota in and adjacent to downstream sections of Portage Creek, the Kalamazoo River, and Lake Michigan. Based on the risks that PCBs pose to the environment and to human health, the U.S. Environmental Protection Agency (EPA) listed the Allied Paper, Inc./Portage Creek/Kalamazoo River Superfund Site on the National Priorities List on August 30, 1990.

    PCBs are listed as hazardous substances under CERCLA. EPA and the Michigan Department of Environmental Quality currently describe the Site being addressed by the Superfund remedial investigation as including: (1) Five disposal areas and six paper mill properties; (2) a 3-mile stretch of Portage Creek from Cork Street in the City of Kalamazoo to where the creek meets the Kalamazoo River; and (3) an approximately 80-mile stretch of the Kalamazoo River, from Morrow Dam to Lake Michigan, with adjacent floodplains, wetlands, and in-stream sediments. As defined in the Stage 1 Assessment Report (MDEQ et al. 2005; available at http://www.fws.gov/midwest/es/ec/nrda/KalamazooRiver), the Trustees are using the term Kalamazoo River Environment (KRE) to represent the entire natural resource damage assessment area. The KRE encompasses the area being addressed by the Superfund remedial investigations for the site's operable units, along with any area where hazardous substances released at or from the Superfund site have come to be located, and areas where natural resources or the services they provide may have been affected by the Site-related hazardous substances releases (MDEQ et al. 2005). The Trustees expect to have opportunities to settle natural resource damage claims with willing parties. The RP/PEIS provides an ecological framework, with public input, to maximize the benefits of specific restoration projects to the affected resources in the KRE that might be included in or funded by future settlements. The RP/PEIS provides criteria and guidance for Trustees to use in selecting feasible restoration projects.

    Next Steps

    In accordance with NEPA, a Federal agency must prepare a concise public Record of Decision (ROD) at the time the agency makes a decision in cases involving an EIS (40 CFR 1505.2). The Trustees will issue a ROD pursuant to NEPA regulations at 40 CFR 1505.2. Accordingly, the ROD for the Final RP/PEIS will provide and explain the Trustees' decisions regarding the selection of a preferred alternative. The Trustees will issue the ROD no earlier than 30 days after the Environmental Protection Agency publishes a notice in the Federal Register announcing the availability of the Final RP/PEIS (40 CFR 1506.10).

    Administrative Record

    In compliance with 40 CFR 1505 et seq., the Trustees will include in the NRDA Administrative Record (Record) documents that the Trustees relied upon during the development of the Final RP/PEIS. The hard copy Record is on file at MDEQ (contact Judith Alfano at (517) 284-5061 or [email protected]), and selected documents from the Record are also accessible at the following Web site: http://www.fws.gov/midwest/es/ec/nrda/KalamazooRiver.

    Dated: August 24, 2016. Carrie Selberg, Acting Director, Office of Habitat Conservation, National Marine Fisheries Service.
    [FR Doc. 2016-20723 Filed 8-26-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE815 Marine Mammals; File Nos. 19315 and 19674 AGENCY:

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

    ACTION:

    Notice; receipt of applications.

    SUMMARY:

    Notice is hereby given that the Center for Coastal Studies, Right Whale Ecology Program, 5 Holway Avenue, P.O. Box 1036, Provincetown, MA 02657 [Responsible Party: Richard Delaney] and Scott Kraus, Ph.D., New England Aquarium, Edgerton Research Lab, Central Wharf, Boston MA 02110 have applied in due form for a permit to take 22 species of cetaceans and pinnipeds, including endangered North Atlantic right (Eubalaena glacialis), humpback (Megaptera novaeangliae), fin (Balaenoptera physalus), blue (B. musculus), sei (B. borealis), bowhead (Balaena mysticetus), and sperm (Physeter macrocephalus) whales, for purposes of scientific research.

    DATES:

    Written, telefaxed, or email comments must be received on or before September 28, 2016.

    ADDRESSES:

    The application and related documents are available for review by selecting “Records Open for Public Comment” from the “Features” box on the Applications and Permits for Protected Species (APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File No. 19315 (Center for Coastal Studies) or File No. 19674 (Kraus) from the list of available applications.

    These documents are also available upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427-8401; fax (301) 713-0376.

    Written comments on this application should be submitted to the Chief, Permits and Conservation Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713-0376, or by email to [email protected] Please include the File No. in the subject line of the email comment.

    Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate.

    FOR FURTHER INFORMATION CONTACT:

    Amy Hapeman or Sara Young, (301) 427-8401.

    SUPPLEMENTARY INFORMATION:

    The subject permits are requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222-226).

    File No. 19315: The applicant requests a five-year scientific research permit to monitor right whale demographics, life history traits, habitat use, and behavior in Atlantic coastal waters from the Mid-Atlantic Bight to the Gulf of Maine. Annually, up to 1,500 right whales would be approached by aircraft for photo-identification and behavioral observation; up to 700 right whales would be approached by vessel for these activities and prey mapping; and up to 10 whales would be suction-cup tagged. Opportunistic sighting data and photographs would be collected for bowhead whales and up to 20 other cetacean and pinniped species and unidentified dolphins and whales could be incidentally harassed and photographed annually during surveys.

    File No. 19674: Dr. Kraus requests a five-year scientific research permit to assess, quantify, and track trends in the demographic characteristics of right whales, and to identify, quantify and monitor the long term trends in anthropogenic impacts on the species. Up to 500 right whales would be approached annually by vessel or aircraft for photo-identification, behavioral observation, and blow and fecal sampling; up to 50 additional non-neonate whales would be photographed and biopsy sampled annually. Biological samples from up to 50 whales could be received, imported or exported annually. During vessel surveys up to 20 animals of each species of humpback whales, fin whales, harbor porpoise (Phocoena phocoena) and Atlantic white-sided dolphins (Lagenorhynchus acutus) could be incidentally harassed annually.

    In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activities proposed are categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement.

    Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of the applications to the Marine Mammal Commission and its Committee of Scientific Advisors.

    Dated: August 18, 2016. Nicole R. Le Boeuf, Acting Deputy Director, Office of Protected Resources National Marine Fisheries Service.
    [FR Doc. 2016-20597 Filed 8-26-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE847 Pacific Fishery Management Council; Public Meetings AGENCY:

    National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Commerce.

    ACTION:

    Notice of public meetings.

    SUMMARY:

    The Pacific Fishery Management Council (Pacific Council) and its advisory entities will hold public meetings.

    DATES:

    The Pacific Council and its advisory entities will meet September 12-20, 2016. The Pacific Council meeting will begin on Thursday, September 15, 2016 at 10 a.m., reconvening at 8 a.m. each day through Tuesday, September 20, 2016. All meetings are open to the public, except a closed session will be held from 10 a.m. to 11 a.m., Thursday, September 15 to address litigation and personnel matters. The Pacific Council will meet as late as necessary each day to complete its scheduled business.

    ADDRESSES:

    Meetings of the Council and its advisory entities will be held at the Riverside Hotel, 2900 Chinden Blvd., Boise, ID 83714; telephone: (208) 343-1871.

    Council address: Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220. Instructions for attending the meeting via live stream broadcast are given under SUPPLEMENTARY INFORMATION, below.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Chuck Tracy, Executive Director; telephone: (503) 820-2280 or (866) 806-7204 toll-free; or access the Pacific Council Web site, http://www.pcouncil.org for the current meeting location, proposed agenda, and meeting briefing materials.

    SUPPLEMENTARY INFORMATION:

    The September 15-20, 2016 meeting of the Pacific Council will be streamed live on the internet. The broadcasts begin initially at 11 a.m. Pacific Time (PT) Thursday, September 15, 2016 and continue at 8 a.m. daily through Tuesday, September 20, 2016. Broadcasts end daily at 6 p.m. PT or when business for the day is complete. Only the audio portion and presentations displayed on the screen at the Pacific Council meeting will be broadcast. The audio portion is listen-only; you will be unable to speak to the Pacific Council via the broadcast. To access the meeting online please use the following link: http://www.gotomeeting.com/online/webinar/join-webinar and enter the September Webinar ID, 132-423-419 and your email address. You can attend the webinar online using a computer, tablet, or smart phone, using the GoToMeeting application. It is recommended that you use a computer headset to listen to the meeting, but you may use your telephone for the audio portion only of the meeting. The audio portion may be attended using a telephone by dialing the toll number 1-213-929-4212 (not a toll-free number), audio access code 447-457-678, and enter the audio pin shown after joining the webinar.

    The following items are on the Pacific Council agenda, but not necessarily in this order. Agenda items noted as “Final Action” refer to actions requiring the Council to transmit a proposed fishery management plan, proposed plan amendment, or proposed regulations to the U.S. Secretary of Commerce, under sections 304 or 305 of the Magnuson-Stevens Fishery Conservation and Management Act. Additional detail on agenda items, Council action, advisory entity meeting times, and meeting rooms are described in Agenda Item A.5, Proposed Council Meeting Agenda, and will be in the advance September 2016 briefing materials and posted on the Council Web site at www.pcouncil.org.

    A. Call to Order 1. Opening Remarks 2. Council Member Appointments 3. Roll Call 4. Executive Director's Report 5. Approve Agenda B. Open Comment Period 1. Comments on Non-Agenda Items C. Habitat 1. Current Habitat Issues D. Ecosystem-Based Management 1. Fishery Ecosystem Plan Coordinated Ecosystem Indicator Review Initiative 2. Ecosystem-Based Fishery Management Roadmap E. Coastal Pelagic Species Management 1. Minimum Stock Size Thresholds Report 2. Stock Assessment Workshop Report 3. Anchovy Management Update 4. Artisanal Fishery Management Issue Scoping F. Groundfish Management 1. National Marine Fisheries Service Report 2. Methodology Review Preliminary Topic Selection 3. 2017-18 Harvest Specifications and Management Measures Rulemaking Update and Clarifications 4. Scoping of Trawl Sector Quota Pounds Trading 5. 5-Year Catch Share Program and Intersector Allocation Review Update 6. Inseason Management Final Action 7. Amendment 21 At-Sea Sector Set-Asides Final Action 8. Mid-Biennium Annual Catch Limit Adjustment and Rebuilding Harvest Rate Adjustment Policies G. Administrative Matters 1. Legislative Matters 2. West Coast Regional Operating Agreement Initial Review 3. Fiscal Matters 4. Approval of Council Meeting Record 5. Membership Appointments and Council Operating Procedures 6. Future Council Meeting Agenda and Workload Planning H. Salmon Management 1. Salmon Methodology Review 2. Sacramento River Winter Chinook Harvest Control Rule Update I. Pacific Halibut Management 1. 2017 Catch Sharing Plan and Annual Regulation Changes J. Highly Migratory Species Management 1. Update on International Issues 2. Exempted Fishing Permits 3. Biennial Harvest Specifications and Management Measures 4. Deep-Set Buoy Gear Exempted Fishing Permit Criteria to Advance Gear Authorization 5. Federal Drift Gillnet Permit Amendment Advisory Body Agendas

    Advisory body agendas will include discussions of relevant issues that are on the Council agenda for this meeting, and may also include issues that may be relevant to future Council meetings. Proposed advisory body agendas for this meeting will be available on the Council Web site http://www.pcouncil.org/council-operations/council-meetings/current-briefing-book/ no later than Wednesday, August 31, 2016.

    Schedule of Ancillary Meetings Day 1—Monday, September 12, 2016 SSC Ecosystem Subcommittee 9 a.m. Day 2—Tuesday, September 13, 2016 SSC Ecosystem Subcommittee 9 a.m. Ecosystem Advisory Subpanel 1 p.m. Ecosystem Workgroup 1 p.m. Day 3—Wednesday, September 14, 2016 Coastal Species Advisory Subpanel 8 a.m. Coastal Species Management Team 8 a.m. Groundfish Management Team 8 a.m. Scientific and Statistical Committee 8 a.m. Habitat Committee 8:30 a.m. Ecosystem Advisory Subpanel 9 a.m. Ecosystem Workgroup 9 a.m. Legislative Committee 1 p.m. Budget Committee 2:30 p.m. Day 4—Thursday, September 15, 2016 California State Delegation 7 a.m. Oregon State Delegation 7 a.m. Washington State Delegation 7 a.m. Coastal Pelagic Species Advisory Subpanel 8 a.m. Coastal Pelagic Species Management Team 8 a.m. Groundfish Advisory Subpanel 8 a.m. Groundfish Management Team 8 a.m. Salmon Advisory Subpanel 8 a.m. Scientific and Statistical Committee 8 a.m. Enforcement Consultants 3 p.m. Day 5—Friday, September 16, 2016 California State Delegation 7 a.m. Oregon State Delegation 7 a.m. Washington State Delegation 7 a.m. Groundfish Advisory Subpanel 8 a.m. Groundfish Management Team 8 a.m. Salmon Advisory Subpanel 8 a.m. Sacramento River Winter Chinook Workgroup 8 a.m. Enforcement Consultants Ad hoc Day 6—Saturday, September 17, 2016 California State Delegation 7 a.m. Oregon State Delegation 7 a.m. Washington State Delegation 7 a.m. Groundfish Advisory Subpanel 8 a.m. Groundfish Management Team 8 a.m. Highly Migratory Species Advisory Subpanel 8 a.m. Highly Migratory Species Management Team 8 a.m. Enforcement Consultants Ad hoc Day 7—Sunday, September 18, 2016 California State Delegation 7 a.m. Oregon State Delegation 7 a.m. Washington State Delegation 7 a.m. Groundfish Advisory Subpanel 8 a.m. Groundfish Management Team 8 a.m. Highly Migratory Species Advisory Subpanel 8 a.m. Highly Migratory Species Management Team 8 a.m. Enforcement Consultants Ad hoc Day 8—Monday, September 19, 2016 California State Delegation 7 a.m. Oregon State Delegation 7 a.m. Washington State Delegation 7 a.m. Highly Migratory Species Advisory Subpanel 8 a.m. Highly Migratory Species Management Team 8 a.m. Enforcement Consultants Ad hoc Day 9—Tuesday, September 20, 2016 California State Delegation 7 a.m. Oregon State Delegation 7 a.m. Washington State Delegation 7 a.m.

    Although non-emergency issues not contained in this agenda may come before this Council for discussion, those issues may not be the subject of formal Council action during this meeting. Council action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council's intent to take final action to address the emergency.

    Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt at (503) 820-2280 at least 5 days prior to the meeting date.

    Dated: August 24, 2016. Jeffrey N. Lonergan, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-20646 Filed 8-26-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration (NOAA) Ocean Exploration Advisory Board (OEAB) AGENCY:

    Office of Ocean Exploration and Research (OER) National Oceanic and Atmospheric Administration (NOAA) Department of Commerce (DOC).

    ACTION:

    Notice of public meeting.

    SUMMARY:

    This notice sets forth the schedule and proposed agenda of a forthcoming meeting of the Ocean Exploration Advisory Board (OEAB). OEAB members will discuss and provide advice on Federal ocean exploration programs, with a particular emphasis on National Oceanic and Atmospheric Administration (NOAA) Office of Ocean Exploration and Research (OER) activities; federal ocean exploration partners, including the Cooperative Institute for Ocean Exploration, Research, and Technology, the Office of Naval Research, and NOAA's Integrated Ocean Observing System program; advising NOAA on out-year budget development with respect to ocean exploration; and other matters as described in the agenda found on the OEAB Web site at http://oeab.noaa.gov.

    TIME AND DATES:

    The announced meeting is scheduled for Tuesday, September 13, 2016 from 8:30 a.m.-5:30 p.m. EDT, and Wednesday, September 14, 2016 from 8:30 a.m.-4:30 p.m. EDT.

    ADDRESSES:

    The meeting will be held at the Boeing Company, 929 Long Bridge Drive, Arlington, VA 22202.

    STATUS:

    The meeting will be open to the public with a 30 minute public comment period on Tuesday, September 13, 2016 from 2:45 p.m. to 3:15 p.m. EDT (please check the agenda on the Web site to confirm the time). The public may listen to the meeting and provide comments during the public comment period via teleconference. Dial-in information may be found on the meeting agenda posted to the OEAB Web site.

    The OEAB expects that public statements at its meetings will not be repetitive of previously submitted verbal or written statements. In general, each individual or group making a verbal presentation will be limited to three minutes. The Designated Federal Officer must receive written comments by September 1, 2016 to provide sufficient time for OEAB review. Written comments received after September 1, 2016 will be distributed to the OEAB but may not be reviewed prior to the meeting date. Seats will be available on a first-come, first-served basis.

    SPECIAL ACCOMODATIONS:

    These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to David McKinnie, Designated Federal Officer (see below) by September 1, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Mr. David McKinnie, Designated Federal Officer, Ocean Exploration Advisory Board, National Oceanic and Atmospheric Administration, 7600 Sand Point Way NE., Seattle, WA 98115, (206) 526-6950.

    SUPPLEMENTARY INFORMATION:

    NOAA established the OEAB under the Federal Advisory Committee Act (FACA) and legislation that gives the agency statutory authority to operate an ocean exploration program and to coordinate a national program of ocean exploration. The OEAB advises NOAA leadership on strategic planning, exploration priorities, competitive ocean exploration grant programs and other matters as the NOAA Administrator requests.

    OEAB members represent government agencies, the private sector, academic institutions, and not-for-profit institutions involved in all facets of ocean exploration—from advanced technology to citizen exploration.

    In addition to advising NOAA leadership, NOAA expects the OEAB to help to define and develop a national program of ocean exploration—a network of stakeholders and partnerships advancing national priorities for ocean exploration.

    Dated: August 24, 2016. Jason Donaldson, Chief Financial Officer, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration.
    [FR Doc. 2016-20708 Filed 8-26-16; 8:45 am] BILLING CODE 3510-KA-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE844 New England Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Advisory Panel to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

    DATES:

    This meeting will be held on Tuesday, September 13, 2016 at 9:30 a.m.

    ADDRESSES:

    The meeting will be held at the Fairfield Inn & Suites, 185 MacArthur Drive, New Bedford, MA 02740; phone: (774) 634-2000; fax: (774) 634-2001.

    Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950.

    FOR FURTHER INFORMATION CONTACT:

    Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465-0492.

    SUPPLEMENTARY INFORMATION: Agenda

    The Advisory Panel will review preliminary 2016 scallop survey results and discuss initial recommendations from the Scallop Plan Development Team (PDT) for FY 2017 and FY 2018 (default) fishery specifications (Framework 28). They plan to review and provide input on Framework 28 management measures; which include: (1) Restricting the possession of shell stock inshore of the days-at-sea demarcation line north of 42°20′ N; (2) Modifying the process for distributing scallop fishery projected landing (ACL flowchart); (3) Modifying the Closed Area I AA boundary consistent with potential changes to habitat and groundfish mortality closures. Other business will be discussed as necessary.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take final action to address the emergency.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at (978) 465-0492, at least 5 days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: August 24, 2016. Jeffrey N. Lonergan, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-20688 Filed 8-26-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE846 Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The Scientific and Statistical Committee (SSC) of the Mid-Atlantic Fishery Management Council (Council) will hold a meeting.

    DATES:

    The meeting will be held on Wednesday, September 14, 2016, beginning at 10 a.m. and conclude by 5 p.m. For agenda details, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The meeting will at the Royal Sonesta Harbor Court, 550 Light Street, Baltimore, MD 21202; telephone: (410) 234-0550.

    Council address: Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 674-2331 or on their Web site at www.mafmc.org.

    FOR FURTHER INFORMATION CONTACT:

    Christopher M. Moore, Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, telephone: (302) 526-5255.

    SUPPLEMENTARY INFORMATION:

    Agenda items to be discussed at the SSC meeting include: Review fishery performance report and multi-year ABC specifications for spiny dogfish; and discuss MAFMC risk policy and assignment of CVs for Mid-Atlantic stock assessments.

    Dated: August 24, 2016. Jeffrey N. Lonergan, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-20690 Filed 8-26-16; 8:45 am] BILLING CODE P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE848 Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting AGENCY:

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

    ACTION:

    Notice of a public meeting.

    SUMMARY:

    The Mid-Atlantic Fishery Management Council's Mackerel, Squid, and Butterfish Advisory Panel will meet to provide input on an Amendment that could affect the longfin and Illex squid fisheries.

    DATES:

    The meeting will be held Tuesday, September 13, 2016, from 9 a.m. to 5 p.m.

    ADDRESSES:

    The meeting will be held at the Radisson Hotel Providence Airport, 2081 Post Road Warwick, RI 02886; telephone: (401) 739-3000.

    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 will also have details on the proposed agenda and briefing materials.

    SUPPLEMENTARY INFORMATION:

    The Advisory Panel will provide input on an Amendment to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan. The amendment could reduce the capacities of the longfin squid and Illex squid fleets. The Council is considering this action because of concern that activation of latent capacity in the squid fisheries could lead to excessive fishing effort and increased catch of non-target species. Several other issues are being considered as well: (1) New permits for Maine/northern states; (2) re-evaluation of longfin squid trimesters; and (3) longfin squid buffer zones (e.g. 10 miles) beyond state waters in the area south of Martha's Vineyard/Nantucket.

    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 24, 2016. Jeffrey N. Lonergan, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2016-20692 Filed 8-26-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE773 Marine Mammals; File No. 20341 AGENCY:

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

    ACTION:

    Notice; receipt of application.

    SUMMARY:

    Notice is hereby given that Craig Matkin, North Gulf Oceanic Society, 3430 Main St., Suite B1, Homer, Alaska 99603, has applied in due form for a permit to conduct research on cetaceans.

    DATES:

    Written, telefaxed, or email comments must be received on or before September 28, 2016.

    ADDRESSES:

    The application and related documents are available for review by selecting “Records Open for Public Comment” from the “Features” box on the Applications and Permits for Protected Species (APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File No. 20341 from the list of available applications.

    These documents are also available upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427-8401; fax (301) 713-0376.

    Written comments on this application should be submitted to the Chief, Permits and Conservation Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713-0376, or by email to [email protected] Please include the File No. in the subject line of the email comment.

    Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate.

    FOR FURTHER INFORMATION CONTACT:

    Shasta McClenahan or Carrie Hubard, (301) 427-8401.

    SUPPLEMENTARY INFORMATION:

    The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.) and the regulations governing the taking and importing of marine mammals (50 CFR part 216).

    The applicant proposes to continue a long-term research study of killer whales (Orcinus orca) in Alaskan waters, focusing on population abundance, social structure, feeding behavior, and movement patterns. Other non-ESA listed cetacean species would be studied along the North Gulf Coast of Alaska in relation to U.S. Navy testing activities. Research methods include photo-identification, passive acoustics, collection of prey remains, morphometrics, biopsy sampling, and deployment of both suction cup and dart tags. Up to 2,000 killer whales may be photographed annually, with smaller numbers of whales receiving tags or biopsy sampled. Other species to be studied include gray whales (Eschrichtius robustus), minke whales (Balaenoptera acutorostrata), Baird's beaked whales (Berardius bairdii), Cuvier's beaked whales (Ziphius cavirostris), and Stejneger's beaked whales (Mesoplodon stenergeri). Prey remains may be collected from up to 25 each of the following carcasses: Minke whales, gray whale, harbor porpoise (Phocoena phocoena), Dall's porpoise (Phocoenoides dalli), harbor seals (Phoca vitulina), Pacific white-sided dolphins (Lagenorhynchus obliquidens), and Northern fur seals (Callorhinus ursinus). The permit would be valid for five years from the date of issuance.

    In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement.

    Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of the application to the Marine Mammal Commission and its Committee of Scientific Advisors.

    Dated: August 24, 2016. Julia Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2016-20614 Filed 8-26-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Advisory Committee for the Sustained National Climate Assessment (SNCA) AGENCY:

    Office of Oceanic and Atmospheric Research (OAR) National Oceanic and Atmospheric Administration (NOAA) Department of Commerce (DOC)

    ACTION:

    Notice of Federal Advisory Committee open meeting.

    SUMMARY:

    The Advisory Committee for the Sustained National Climate Assessment (SNCA) was established by a Decision Memorandum, dated August 20, 2015. The Committee's mission is to provide advice on sustained National Climate Assessment activities and products to the Under Secretary of Commerce for Oceans and Atmosphere (Under Secretary), who will forward the advice to the Director of the Office of Science Technology Policy (OSTP). The Committee will advise on the engagement of stakeholders and on sustained assessment activities and the quadrennial National Climate Assessment (NCA4) report.

    Time and Date: (1) Public Hearing. The meeting will be held on September 13, 2016 from 12:30 p.m. to 5:00 p.m., September 14, 2016 from 8:00 a.m. to 5:00 p.m., and September 15, 2016 from 8:00 a.m. to 12:00 p.m. There will be a 30-minute public comment period on September 13 from 4:25 to 4:55 p.m. These times and the agenda topics described below are subject to change. Please refer to the Web page http://sncaadvisorycommittee.noaa.gov/Meetings.aspx for the most up-to-date meeting times and agenda.

    (2) Written Public Comment. Written public comment regarding Advisory Committee for the Sustained National Climate Assessment meeting materials can be submitted to the Advisory Committee Executive Director's Office by September 6, 2016, to provide sufficient time for Advisory Committee review. Written comments received by the Executive Director after September 6, 2016, will be distributed to the Advisory Committee and may not be reviewed prior to the meeting date.

    Place: The meeting will be held at Department of Commerce (DOC), Herbert C. Hoover Building (HCHB) Room 48019, 1401 Constitution Avenue NW., Washington, DC. Please note admittance instructions under the SUPPLEMENTARY INFORMATION section of this notice.

    SUPPLEMENTARY INFORMATION:

    Meeting Accessibility: Pursuant to 41 CFR 102-3.140 through 102-3.165 and the availability of space, the meeting scheduled for on September 13, 2016 from 12:30 p.m. to 5:00 p.m., September 14, 2016 from 8:00 a.m. to 5:00 p.m., and September 15, 2016 from 8:00 a.m. to 12:00 p.m. at DOC is open to the public

    New Visitor Access Requirement: For participants attending in person, please note that federal agencies, including DOC, can only accept a non-expired state-issued driver's license or identification card for access to federal facilities if such license or identification card is issued by a state that is compliant with the REAL ID Act of 2005 (Pub. L. 109-13), or by a state that has an extension for REAL ID compliance. DOC currently accepts other forms of federal-issued identification in lieu of a state-issued driver's license. Driver's licenses from six states and territories are not compliant and will not be accepted as identification: Minnesota, Illinois, Missouri, Washington, and American Samoa. In addition, DOC will accept only enhanced driver's licenses (identified by the American Flag on the face of the card) from two states: Minnesota and Washington State. For a list of alternative identification, please visit: http://www.nist.gov/public_affairs/visitor/.

    Non U.S. Citizens Please Note: All foreign national visitors who do not have permanent resident status and who wish to register for the above meeting must supply additional information. Failure to provide this information prior to arrival will result, at a minimum, in significant delays (up to 24 hours) in entering the facility. Authority to gather this information is derived from United States Department of Commerce Department Administrative Order (DAO) number 207-12. When on-line registration is open, the required Foreign National form and instructions for transmittal via secure file transfer will be available. The Foreign National form needs to be submitted at least 7 business days in advance of the meeting.

    Written Comments: Pursuant to section 10(a)(3) of the FACA and 41 CFR 102-3.105(j) and 102-3.140, the public or interested organizations may submit written comments to the Advisory Committee in response to the stated agenda and meeting material. Meeting material, including work products will be made available on the Advisory Committee's Web site: http://sncaadvisorycommittee.noaa.gov/Meetings.aspx.

    Oral Comments: In addition to written statements, members of the public may present oral comments at 4:25 p.m. on September 13, 2016. Those individuals interested in making oral comments should indicate their intent through the registration form and time will be allocated on a first-come, first-served basis. Time allotted for an individual's comment period will be limited to no more than 3 minutes. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled public comment periods, written comments can be submitted in lieu of oral comments. The Advisory Committee expects that public statements presented at its meetings will not be repetitive of previously submitted verbal or written statements.

    Registration: Individuals and entities who wish to attend the public meeting are required to pre-register for the meeting by completing the online registration form: http://sncaadvisorycommittee.noaa.gov/Meetings.aspx. Anyone wishing to attend this meeting must register by 5:00 p.m. (EST), Tuesday, September 6, 2016. Registered attendees will receive security and campus instructions prior to the workshop. On-site registration will not be available for this meeting. Please note that seating is limited for public attendees, and will be granted on a first come first serve basis.

    Additional Information: The Department of Commerce 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, please indicate your requirements on the online registration form.

    FOR FURTHER INFORMATION CONTACT:

    Laura Letson, Advisory Committee for the SNCA Executive Director, SSMC3, Room 11359, 1315 East-West Highway, Silver Spring, MD 20910; Email: [email protected]; or visit the Advisory Committee Web site http://sncaadvisorycommittee.noaa.gov1178.

    Dated: August 24, 2016. Jason Donaldson, Chief Financial Officer, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration.
    [FR Doc. 2016-20705 Filed 8-26-16; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE United States Patent and Trademark Office [Docket No.: PTO-P-2016-0026] Request for Comments and Notice of Roundtable Event on Leveraging Electronic Resources To Retrieve Information From Applicant's Other Applications and Streamline Patent Issuance AGENCY:

    United States Patent and Trademark Office, Commerce.

    ACTION:

    Notice of public meeting; request for comments.

    SUMMARY:

    The United States Patent and Trademark Office (USPTO) is continuing its efforts to expedite and improve the overall patent process. Accordingly, the USPTO is exploring how to best utilize available electronic resources to provide examiners with information (e.g., prior art, search reports, etc.) from applicant's other applications as early as possible to increase patent examination quality and efficiency. These other applications, for example, could have the same or substantially the same disclosure (e.g., domestic parent and counterpart foreign applications) as the U.S. application being examined. In addition to improving patent examination quality and efficiency, providing the examiner with this information from applicant's other applications will reduce applicant's burden to provide this information to the USPTO.

    Further, the USPTO is seeking to reduce the issuance time of a patent by eliminating potentially unnecessary information from the front page of the patent. In particular, the USPTO is seeking public comment on what information, beyond a copy of the specification and drawing that is required by statute, should be part of the patent considering that complete information concerning U.S. patents and U.S. patent application publications are accessible to the public via the Patent Application Information Retrieval (PAIR) system.

    To assist the USPTO in determining the best way to address these two topics, the USPTO is hosting a roundtable event to obtain public input. The roundtable will be open for any member of the public and will provide a forum for a discussion of the questions identified in this notice. Written comments in response to these questions set forth in this Notice also are requested.

    DATES:

    Event Date: The roundtable will be held on September 28, 2016, beginning at 1:00 p.m. Eastern Daylight Time (EDT), and ending at 4:00 p.m. EDT.

    Roundtable Registration Deadline: Registration to attend the roundtable in person or via webcast is required by September 21, 2016. Additionally, requests to participate in the roundtable as a speaker must be submitted in writing no later than September 14, 2016. See the “Event Registration Information” section of this notice for additional details on how to register and how to request to present as a speaker.

    Written Comments: Written comments must be received on or before October 28, 2016.

    Written comments should be sent by electronic mail addressed to [email protected] Comments also may be submitted by postal mail addressed to: Mail Stop Comments—Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Michael Neas, Deputy Director, International Patent Legal Administration. Although comments may be submitted by postal mail, the USPTO prefers to receive comments by electronic mail.

    Comments will be available for public inspection via the USPTO's Internet Web site at http://www.uspto.gov/patent/laws-and-regulations/comments-public-response-specific-requests-uspto, and at the Office of the Commissioner for Patents, located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, VA 22314, upon request. Because comments will be available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included in the comments.

    ADDRESSES:

    Event Address: The roundtable will be held in the USPTO Headquarters, Madison Auditorium, 600 Dulany Street, Alexandria, VA 22314.

    Event Registration Information: To register to attend or request to present as a speaker, please send an email message to [email protected] and provide the following information: (1) Your name, title, company or organization (if applicable), address, phone number, and email address; (2) whether you wish to attend in person or via webcast; and (3) whether you wish to make an oral presentation at the roundtable and, if so, which question(s) identified in part III of the SUPPLEMENTARY INFORMATION section of this notice will be addressed and the approximate desired length of your presentation. Each attendee, even if from the same organization, must register separately.

    In order to give all speakers a meaningful opportunity to speak, the USPTO may not be able to accommodate all persons who wish to make a presentation. However, the USPTO will attempt to accommodate as many persons as possible who wish to make a presentation. After reviewing the speaker requests and the information regarding the presentations provided in the requests, the USPTO will contact each speaker prior to the event with the amount of time available and the approximate time that the speaker's presentation is scheduled to begin. The amount of time available for each presentation may be limited to ensure that all persons selected to speak will have a meaningful opportunity to do so. Speakers who opt to employ slides as part of their presentation must send final electronic copies of the slides in Microsoft PowerPoint to [email protected] by September 21, 2016, so that the slides can be displayed at the roundtable. Additionally, the USPTO will provide an opportunity for persons in the audience to speak at the roundtable without a formal presentation.

    For more information on the roundtable, including webcast access instructions, agenda and a list of speakers, please visit https://www.uspto.gov/patent/initiatives/patent-application-initiatives/roundtable-discuss-leveraging-electronic-resources.

    If special accommodations due to a disability are needed, please inform the contact person(s) identified below.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information should be directed to the attention of Jessica Patterson, Program Manager, International Patent Cooperation, by telephone at 571-272-8828, or by email to [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Purpose of Notice: This notice announces a roundtable event to solicit stakeholder input concerning the questions identified in part III of this section. In particular, at the roundtable we seek to explore how the USPTO can better leverage applicant's other applications having the same or substantially the same disclosure (e.g., domestic parent and counterpart foreign applications (see MPEP 609.04(b)(V))) as the U.S. application under examination, to provide examiners with relevant information as early as possible. The USPTO believes that providing this information at the earliest possible stage of prosecution of the U.S. application can improve the examination efficiency and quality. The participants at the roundtable also will provide feedback on what information, beyond that of a copy of the specification and drawing set forth in 35 U.S.C. 154(a)(4), should be part of a patent considering that complete information concerning U.S. patents and U.S. patent application publications are accessible to the public via the PAIR system. The USPTO is also seeking written comments on the questions identified in part III of this section. The public is invited to provide comments on these questions or any other issues relevant to the consideration or development of the two topics discussed in this notice. Any member of the public, whether attending the roundtable or not, may submit written comments for consideration by the USPTO on any of the issues identified in this notice.

    II. Background: The USPTO strives to expedite and improve the overall patent application process by (1) increasing patent examination quality and efficiency, and (2) streamlining patent issuance after an application is allowed.

    (1) Increasing Patent Examination Quality and Efficiency

    Examiners consider information from various sources when making patentability determinations. One such source may be an information disclosure statement filed by the applicant. Another would be information identified by the examiner during his prior art search. For continuing applications, the examiner will also consider the information the USPTO previously considered during the examination of a domestic parent application (other than an international application that designated the U.S.). See section 609.02 of the Manual of Patent Examining Procedure (9th ed. 2015) (Rev. 07.2015, November 2015) (MPEP). The USPTO's work sharing efforts have resulted in the development of additional sources of information from foreign counterpart applications that is likely highly relevant to the U.S. application under examination. For example, Global Dossier, a work sharing initiative developed by the IP5 offices (USPTO, the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), and the State Intellectual Property Office of the People's Republic of China (SIPO)), provides U.S. examiners and the public access to the official file contents (e.g., prior art, search reports, office actions, etc.) of counterpart foreign applications.

    The USPTO is exploring how to better leverage the information contained in these counterpart foreign applications and other U.S. applications with the same or substantially the same disclosure to improve examination efficiency and quality. The USPTO seeks, for example, the development of a system that utilizes both Global Dossier and the USPTO's internal databases to provide examiners with the information from counterpart foreign and domestic parent applications automatically at the earliest stage in prosecution of a U.S. application to improve the quality and efficiency of examination.

    Global Dossier and the USPTO's databases may contain information from applicant's other applications that are not a domestic parent application or a counterpart foreign application. In fact, the pool of applications available for monitoring for relevant information could be much larger (e.g., the database may contain information on applicant's other child applications or other applications that are indirectly related to the U.S. application through a priority claim). Numerous concerns, however, arise when determining how to effectively implement a system with a larger scope of applications than domestic parent and counterpart foreign applications. Similarly, numerous concerns arise when considering what information would be provided to an examiner from another of applicant's applications. For example, too many applications, like too many items of information, might present large amounts of information that has no relevance to the application being examined. The examiner's consideration of such information may result in the examiner not having time to fully consider information that is relevant, and possibly material, to the U.S. application under examination. The right balance of the scope of applications and information therein is critical to ensure examiners are provided with the most relevant information without overburdening them with immaterial and marginally relevant information.

    As part of its efforts to seek the right balance, the USPTO is requesting input on the best way it can ascertain the presence of these other applications having the same or substantially the same disclosure as the instant U.S. application under examination and import potentially relevant information contained therein. For instance, some applicants may prefer a fully automated system in which the USPTO monitors a set of applications that have been predefined by the USPTO, such as domestic parent and counterpart foreign applications, for certain information (e.g., prior art) to be imported into the U.S. application under examination. Other applicants may not desire that the USPTO import information from such a USPTO predefined set of applications, but instead, may prefer a set of applications defined by the applicant from which information is imported for consideration by the examiner. Still, other applicants may want to define both the set of applications and the particular information to be imported from these applications. In view of the different possible approaches for importing information, such as those mentioned herein, the USPTO would like stakeholders' input on what approach they believe the USPTO should consider implementing so examiners have the most pertinent information at the earliest stage of prosecution of the U.S. application. Furthermore, if the USPTO were to import information using any approach, the USPTO would like stakeholders' input on what documentation should be included in the record of the U.S. application under examination to accurately reflect that the information was imported and considered by the examiner.

    (2) Streamlining patent issuance after an application is allowed

    The USPTO is also considering what information, beyond the specification and drawings provided for in 35 U.S.C. 154(a)(4), should be part of a patent. This would include studying the degree to which the USPTO can migrate from the current paper-based process to 21st century processes that make greater use of the reality that complete information concerning U.S. patents and U.S. patent application publications is accessible to the public via the PAIR system. For example, the USPTO discontinued printing inventor address information in 2011 as this information is readily accessible via PAIR. See Elimination of an Inventor's Mailing Address on Patents and Application Publications, 1360 Off. Gaz. Pat. Office 197 (Nov. 23, 2010). The USPTO also eliminated the listing of prior art documents accessible in Public PAIR on reexamination certificates to expedite the issuance of reexamination certificates. See Elimination of the Listing of Prior Art Documents on Reexamination Certificates, 1371 Off. Gaz. Pat Office 95 (October 11, 2011). The USPTO is seeking public comment on what information (e.g., prior art references, classification information, etc.) should be retained on the face of the patent now that processing and examination is conducted in an electronic environment.

    III. Questions for Written Comments and Discussion at the Roundtable Event: The USPTO seeks written comments and participant feedback at the roundtable on the following questions related to how the USPTO should efficiently utilize information from applicant's other applications having the same or substantially the same disclosure to automatically provide U.S. examiners with relevant information at the earliest stage of examination and on what information should be part of a patent:

    1. In balancing the goals of examination quality and efficiency, should the USPTO monitor other applications, besides domestic parent and counterpart foreign applications, for relevant information located therein for consideration in the instant U.S. application? If so, which other applications should be monitored (e.g., siblings, applications involving the same or related technology, etc.)?

    2. What is the most convenient way to bring an application to the USPTO's attention that should be monitored for information during the examination of a U.S. application (e.g., automated system, applicant notifies the USPTO, etc.)?

    3. How should the USPTO determine which information from the monitored applications to provide examiners while ensuring they are not overburdened with immaterial and marginally relevant information?

    4. If the USPTO were to import information from applicant's other applications, how should the USPTO document the information imported into the image file wrapper of the instant U.S. application? For example, should the record reflect which domestic parent or counterpart foreign application the information was imported from, the date that the information was imported, and whether the examiner considered the imported information?

    5. Taking into consideration the information that is publicly available in PAIR, what information should be part of a patent? For example, should prior art references and classification information still be listed on the front page of a patent?

    Dated: August 18, 2016. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
    [FR Doc. 2016-20703 Filed 8-26-16; 8:45 am] BILLING CODE 3510-16-P
    DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No. PTO-P-2016-0025] Third Annual USPTO Cooperative Patent Classification Meeting With Industry Users AGENCY:

    United States Patent and Trademark Office, Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The United States Patent and Trademark Office (USPTO) is hosting its third annual Cooperative Patent Classification (CPC) meeting with industry users at its Alexandria Campus. CPC is a bilateral classification system jointly developed by the USPTO and the European Patent Office (EPO). CPC is jointly managed and maintained by both offices, and is available for public search for classification. The upcoming meeting is open to the public and will inform attendees on the latest and upcoming developments concerning the CPC. The meeting also will be an opportunity for attendees to share their views about the CPC.

    DATES:

    The meeting will be held on Monday, September 19, 2016, beginning at 9:30 a.m. Eastern Daylight Time (EDT), and ending at 5:00 p.m. EDT.

    ADDRESSES:

    The meeting will be held at the USPTO in the Madison Auditorium on the concourse level of the Madison Building located at 600 Dulany Street, Alexandria, Virginia 22314.

    FOR MEETING REGISTRATION:

    There is no fee to register for the meeting and registration will be on a first-come, first-serve basis. Early registration is recommended because seating is limited. Registration on the day of the meeting (September 19, 2016) will be permitted on a space-available basis beginning at 8:30 a.m. EDT.

    To register, please provide your name and phone number to [email protected] Registrants also may choose to identify their company or organization, and their position thereat, so that a workshop to be held during the meeting may be best tailored to meet the attendees' needs.

    FOR FURTHER INFORMATION CONTACT:

    Christopher Kim, Director of Classification Quality and International Coordination Division (CQIC), Office of International Patent Classification (OIPC), by telephone at 571-272-7980, or by electronic mail message at [email protected]

    SUPPLEMENTARY INFORMATION:

    The CPC is a detailed classification system in effect at the USPTO and based on the International Patent Classification scheme. The CPC incorporates best classification practices from both the U.S. and European systems.

    The USPTO and the EPO designed the CPC to enable patent examiners and patent system users worldwide to conduct more efficient prior art searches. It provides an increased number of breakdowns compared to the U.S. Patent Classification System, allowing for targeted searches with more focused results. The CPC also was designed to encourage work sharing initiatives focused on enhancing efficiency by reducing duplicative work. Additionally, revisions to the CPC system can be made by both Offices on a regular basis, allowing for a rapid response to filing trends and emerging technologies.

    At the September 19, 2016 meeting, key USPTO executive staff and project managers will brief attendees on the progress of the CPC, including recent changes and updates to the CPC. Attendees will receive information concerning external user interaction, accessibility, and outreach related to the CPC. In addition, a workshop will be held to provide training on the use of the CPC. Similar informational meetings have been held in Europe.

    For further information about the CPC and the September 19, 2016 meeting, including the agenda for the meeting, please visit www.cpcinfo.org.

    Dated: August 23, 2016. Russell Slifer, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office.
    [FR Doc. 2016-20700 Filed 8-26-16; 8:45 am] BILLING CODE 3510-16-P
    COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Addition AGENCY:

    Committee for Purchase From People Who Are Blind or Severely Disabled.

    ACTION:

    Addition to the Procurement List.

    SUMMARY:

    This action adds a service to the Procurement List that will be furnished by a nonprofit agency employing persons who are blind or have other severe disabilities.

    DATES:

    Effective September 27, 2016.

    ADDRESSES:

    Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 715, Arlington, Virginia 22202-4149.

    FOR FURTHER INFORMATION CONTACT:

    Barry S. Lineback, Telephone: (703) 603-7740, Fax: (703) 603-0655, or email [email protected]

    SUPPLEMENTARY INFORMATION: Addition

    On 6/3/2016 (81 FR 35749-35750), the Committee for Purchase From People Who Are Blind or Severely Disabled published notice of proposed addition to the Procurement List.

    After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the service and impact of the addition on the current or most recent contractor, the Committee has determined that the service listed below is suitable for procurement by the Federal Government under 41 U.S.C. 8501-8506 and 41 CFR 51-2.4.

    Regulatory Flexibility Act Certification

    I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were:

    1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organization that will furnish the service to the Government.

    2. The action will result in authorizing a small entity to furnish the service to the Government.

    3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 8501-8506) in connection with the service proposed for addition to the Procurement List.

    End of Certification

    Accordingly, the following service is added to the Procurement List.

    Service Type: Custodial and Related Service Service Mandatory for: GSA PBS Region 1, Thomas P. O'Neill, Jr. Federal Building, Boston, MA Mandatory Source(s) of Supply: Work, Incorporated, Dorchester, MA Contracting Activity: Public Buildings Service, PBS R1, Boston, MA Barry S. Lineback, Director, Business Operations.
    [FR Doc. 2016-20582 Filed 8-26-16; 8:45 am] BILLING CODE 6353-01-P
    DEPARTMENT OF DEFENSE Defense Acquisition Regulations System [OMB Control Number 0704-0332; Docket Number DARS-2016-0024] Submission for OMB Review; Comment Request ACTION:

    Notice.

    SUMMARY:

    The Defense Acquisition Regulations System has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35).

    DATES:

    Consideration will be given to all comments received by September 28, 2016.

    SUPPLEMENTARY INFORMATION:

    Title and OMB Number: Defense Federal Acquisition Regulation Supplement (DFARS) Appendix I, DoD Pilot Mentor-Protege Program; OMB Control Number 0704-0332.

    Type of Request: Revision.

    Number of Respondents: 122.

    Responses per Respondent: Approximately 2.

    Annual Responses: 240.

    Average Burden per Response: Approximately 1 hour.

    Annual Burden Hours: 240.

    Affected Public: Businesses or other for-profit and not-for profit institutions.

    Frequency: On occasion.

    Needs and Uses: DoD needs this information to ensure that participants in the Mentor-Protege Program (“the Program”) are fulfilling their obligations under the mentor-protege agreements and that the Government is receiving value for the benefits it provides through the Program. DoD uses the information as source data for reports to Congress required by section 811(d) of the National Defense Authorization Act for Fiscal Year 2000 (Pub. L. 106-65). Participation in the Program is voluntary.

    Respondent's Obligation:

    a. DFARS Appendix I, section I-112.2(a)-(d), requires mentor firms to report on the progress made under active mentor-protege agreements semiannually for the periods ending March 31 and September 30. The September 30 report must address the entire fiscal year. Reports must include the following:

    1. Data on performance under the mentor-protege agreement, including dollars obligated, expenditures, subcontracts awarded to the protege firm, developmental assistance provided, impact and progress of the agreement.

    2. A copy of the Individual Subcontracting Report (ISR) or SF 294 and Summary Subcontracting Report (SSR) for each contract where developmental assistance was credited to subcontracting goals.

    b. DFARS Appendix I, section I-112.2(e), requires protege firms to submit reports on an annual basis. Reports must include progress made by the protege firm in employment, revenues, and participation in DoD contracts during each fiscal year of the Program participation term and each of the two fiscal years following the expiration of the Program participation term. During the Program participation term, the protege firms may provide this data to the mentor firm for inclusion in the mentor report required by I-112(a)-(d) for the period ending September 30.

    OMB Desk Officer: Ms. Jasmeet Seehra.

    Written comments and recommendations on the proposed information collection should be sent to Ms. Seehra at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503.

    You may also submit comments, identified by docket number and title, by the following method:

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

    Instructions: All submissions received must include the agency name, docket number, and title for the Federal Register document. The general policy for comments and other public submissions from members of the public is to make these submissions available for public viewing on the internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information provided. To confirm receipt of your comment(s), please check http://www.regulations.gov approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail).

    DoD Clearance Officer: Mr. Frederick C. Licari.

    Written requests for copies of the information collection proposal should be sent to Mr. Licari at: Publication Collections Program, WHS/ESD Information Management Division, 4800 Mark Center Drive, 2nd Floor, East Tower, Suite 02G09, Alexandria, VA 22350-3100.

    Jennifer L. Hawes, Editor, Defense Acquisition Regulations System.
    [FR Doc. 2016-20636 Filed 8-26-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Defense Acquisition Regulations System [OMB Control Number 0704-0369; Docket Number DARS-2016-0025] Submission for OMB Review; Comment Request ACTION:

    Notice.

    SUMMARY:

    The Defense Acquisition Regulations System has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35).

    DATES:

    Consideration will be given to all comments received by September 28, 2016.

    SUPPLEMENTARY INFORMATION:

    Title and OMB Number: Defense Federal Acquisition Regulation Supplement (DFARS) Subpart 227.71, Rights in Technical Data, and Subpart 227.72, Rights in Computer Software and Computer Software Documentation, and related provisions and clauses of the Defense Federal Acquisition Regulation Supplement (DFARS); OMB Control Number 0704-0369.

    Type of Request: Revision.

    Number of Respondents: 75,250.

    Responses per Respondent: Approximately 13.

    Annual Responses: 959,602.

    Average Burden per Response: Approximately 1 hour.

    Annual Response Burden Hours: 904,574 hours.

    Total Annual Burden Hours: 995,174 hours.

    Annual Recordkeeping Burden Hours: 90,600 hours.

    Affected Public: Businesses or other for-profit and not-for profit institutions.

    Frequency: On occasion.

    Needs and Uses: DFARS Subparts 227.71 and 227.72 prescribe the use of solicitation provisions and contract clauses containing information collection requirements that are associated with rights in technical data and computer software. DoD needs this information to implement 10 U.S.C. 2320, Rights in technical data, and 10 U.S.C. 2321, Validation of proprietary data restrictions. DoD uses the information to recognize and protect contractor rights in technical data and computer software that are associated with privately funded developments; and to ensure that technical data delivered under a contract are complete and accurate and satisfy contract requirements.

    Respondent's Obligation:

    a. Identification and assertion of use, release, or disclosure restrictions prior to delivery. DFARS provision 252.227-7017, Identification and Assertion of Use, Release, or Disclosure Restrictions, is used in all noncommercial solicitations that include either DFARS clauses 252.227-7013, Rights in Technical Data—Noncommercial Items; 252.227-7014, Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation; and 252.227-7018, Rights in Noncommercial Technical Data and Computer Software—Small Business Innovation Research (SBIR) Program, to require offerors to identify and assert, in their offer, technical data or computer software to be delivered with other than unlimited rights in their offer.

    b. Post-award notices of use, release, or disclosure restriction and marking. DFARS clauses 252.227-7013, Rights in Technical Data—Noncommercial Items; 252.227-7014, Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation; and 252.227-7018, Rights in Noncommercial Technical Data and Computer Software—Small Business Innovation Research (SBIR) Program, require contractors to both identify and mark technical data or software that must be protected from unauthorized release or disclosure.

    c. Justification for any asserted restriction. DFARS 252.227-7019, Validation of Asserted Restrictions—Computer Software, and 252.227-7037, Validation of Restrictive Markings on Technical Data, require contractors and subcontractors to maintain adequate records to justify the validity of any markings that assert restrictions on the Government's rights to use, modify, reproduce, perform, display, release or disclose delivered or required to be delivered.

    d. Use and non-disclosure agreement. DFARS 227.7103-7, Use and non-disclosure agreement, requires intended recipients of technical data or computer software delivered to the Government with restrictions on use, modification, reproduction, release, performance, display, or disclosure, to sign the use and non-disclosure agreement at 227.7103-7(c) prior to release or disclosure of the data, unless the recipient is a Government contractor that requires access to a third parties data or software for the performance of a Government contract that contains the clause at 252.227-7025, Limitations on Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

    e. Limitations on use or disclosure. DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends, requires contractors and subcontractors at any tier that obtain data from the Government to which the Government has only limited rights, restricted rights, or SBIR rights legends to submit a “Use and Disclosure” agreement.

    f. Identification of previously delivered technical data or computer software. DFARS 252.227-7028, Technical Data or Computer Software Previously Delivered to the Government, requires offerors to identify any technical data or computer software that it intends to deliver that are identical or substantially similar to technical data or computer software that the offeror has produced for, delivered to or is obligated to deliver to the Government.

    OMB Desk Officer: Ms. Jasmeet Seehra.

    Written comments and recommendations on the proposed information collection should be sent to Ms. Seehra at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503.

    You may also submit comments, identified by docket number and title, by the following method:

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

    Instructions: All submissions received must include the agency name, docket number, and title for the Federal Register document. The general policy for comments and other public submissions from members of the public is to make these submissions available for public viewing on the internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information provided. To confirm receipt of your comment(s), please check http://www.regulations.gov approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail).

    DoD Clearance Officer: Mr. Frederick C. Licari.

    Written requests for copies of the information collection proposal should be sent to Mr. Licari at: Publication Collections Program, WHS/ESD Information Management Division, 4800 Mark Center Drive, 2nd Floor, East Tower, Suite 02G09, Alexandria, VA 22350-3100.

    Jennifer L. Hawes, Editor, Defense Acquisition Regulations System.
    [FR Doc. 2016-20637 Filed 8-26-16; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF EDUCATION Notice Inviting Publishers To Submit Tests for a Determination of Suitability for Use in the National Reporting System for Adult Education AGENCY:

    Office of Career, Technical, and Adult Education, Department of Education.

    ACTION:

    Notice.

    SUMMARY:

    The Secretary of Education (1) invites publishers to submit tests for review and approval for use in the National Reporting System for Adult Education (NRS); and (2) announces the date by which publishers must submit these tests.

    DATES:

    Deadlines for transmittal of applications: October 1, 2016 and April 1, 2017.

    ADDRESSES:

    Submit your application by mail (through the U.S. Postal Service or a commercial carrier) or deliver your application by hand or by courier service to: NRS Assessment Review, c/o American Institutes for Research, 1000 Thomas Jefferson Street NW., Washington, DC 20007.

    FOR FURTHER INFORMATION CONTACT:

    John LeMaster, U.S. Department of Education, 400 Maryland Avenue SW., Room 11152, Potomac Center Plaza, Washington, DC 20202-7240. Telephone: (202) 245-6218 or by email: [email protected]

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

    SUPPLEMENTARY INFORMATION:

    The Department's regulations for Measuring Educational Gain in the National Reporting System for Adult Education, 34 CFR part 462 (NRS regulations), include the procedures for determining the suitability of tests for use in the NRS.

    Criteria the Secretary Uses: In order for the Secretary to consider a test suitable for use in the NRS, the test must meet the criteria and requirements established in 34 CFR 462.13.

    Submission Requirements:

    (a) In preparing your application, you must comply with the requirements in 34 CFR 462.11.

    (b) In accordance with 34 CFR 462.10, the deadlines for transmittal of applications in this fiscal year are October 1, 2016, and April 1, 2017.

    (c) Whether you submit your application by mail (through the U.S. Postal Service or a commercial carrier) or deliver your application by hand or by courier service, you must mail or deliver four copies of your application, on or before the deadline date, to the following address: NRS Assessment Review, c/o American Institutes for Research, 1000 Thomas Jefferson Street NW., Washington, DC 20007.

    (d) If you submit your application by mail or commercial carrier, you must show proof of mailing consisting of one of the following:

    (1) A legibly dated U.S. Postal Service postmark.

    (2) A legible mail receipt with the date of mailing stamped by the U.S. Postal Service.

    (3) A dated shipping label, invoice, or receipt from a commercial carrier.

    (4) Any other proof of mailing acceptable to the Secretary of Education.

    (e) If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:

    (1) A private metered postmark.

    (2) A mail receipt that is not dated by the U.S. Postal Service.

    (f) We do not consider applications postmarked after the application deadline date. If an application is postmarked after the October 1, 2016 deadline date but before the April 1, 2017 date, the application will be considered timely for the April 1 deadline date.

    Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office.

    (g) If you submit your application by hand delivery, you (or a courier service) must deliver four copies of the application by hand, on or before 4:30:00 p.m., Washington, DC time, on the application deadline date.

    Accessible Format: Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the contact person listed in this notice.

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

    You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

    Authority:

    29 U.S.C. 3292.

    Dated: August 24, 2016. Johan E. Uvin, Deputy Assistant Secretary Delegated the Duties of the Assistant Secretary for Career, Technical, and Adult Education.
    [FR Doc. 2016-20720 Filed 8-26-16; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Hanford 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), Hanford. 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, 1:00 p.m.-5:00 p.m.

    Thursday, September 15, 2016, 8:30 a.m.-1:00 p.m.

    ADDRESSES:

    Red Lion Hanford House, 802 George Washington Way, Richland, WA 99352.

    FOR FURTHER INFORMATION CONTACT:

    Kristen Holmes, Federal Coordinator, Department of Energy Richland Operations Office, 825 Jadwin Avenue, P.O. Box 550, A7-75, Richland, WA 99352; Phone: (509) 376-5803; or Email: [email protected]

    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:

    • Potential Draft Advice 100 D/H Proposed Plan • Discussion Topics Committee Reports, to include key accomplishments from the Fiscal Year 2016 Work Plan Introduction of new Hanford Advisory Board (HAB) members and review ground rules Board Business, which includes adopting the Fiscal Year 2017 Work Plan, HAB calendar, and reviewing HAB leadership and national liaison nomination process

    Public Participation: The meeting is open to the public. The EM SSAB, Hanford, 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 Kristen Holmes 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 agenda items should contact Kristen Holmes 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 Kristen Holmes's office at the address or phone number listed above. Minutes will also be available at the following Web site: http://www.hanford.gov/page.cfm/hab.

    Issued at Washington, DC, on August 23, 2016. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2016-20619 Filed 8-26-16; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Electricity Advisory Committee AGENCY:

    Office of Electricity Delivery and Energy Reliability, Department of Energy.

    ACTION:

    Notice of open meeting.

    SUMMARY:

    This notice announces a meeting of the Electricity Advisory Committee. The Federal Advisory Committee Act (Pub. L. 92- 463, 86 Stat. 770) requires that public notice of these meetings be announced in the Federal Register.

    DATES:

    Wednesday, September 28, 2016 (12:00 p.m.-5:50 p.m. EST), Thursday, September 29, 2016 (8:00 a.m.-12:30 p.m. EST).

    ADDRESSES:

    The meeting will be held at the National Rural Electric Cooperative Association, 4301 Wilson Blvd., Arlington, VA 22203.

    FOR FURTHER INFORMATION CONTACT:

    Matthew Rosenbaum, Office of Electricity Delivery and Energy Reliability, U.S. Department of Energy, Forrestal Building, Room 8G-017, 1000 Independence Avenue SW., Washington, DC 20585; Telephone: (202) 586-1060 or Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Purpose of the Committee: The Electricity Advisory Committee (EAC) was re-established in July 2010, in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C., App. 2, to provide advice to the U.S. Department of Energy (DOE) in implementing the Energy Policy Act of 2005, executing the Energy Independence and Security Act of 2007, and modernizing the nation's electricity delivery infrastructure. The EAC is composed of individuals of diverse background selected for their technical expertise and experience, established records of distinguished professional service, and their knowledge of issues that pertain to electricity.

    Tentative Agenda: The meeting of the EAC is expected to include an update on the programs and initiatives of the DOE's Office of Electricity Delivery and Energy Reliability. The meeting is also expected to include a presentation on the 2016 paper sponsored by NOAA, “Future Cost-Comparative Electricity Systems and Their Impact on U.S. CO2 Emissions,” panel discussions on opportunities presented by high-voltage direct current (HVDC) transmission and on grid impacts of the high penetration of plug-in electric vehicles, and an open discussion of industry topics relevant to DOE. Additionally, the meeting is expected to include a discussion of the plans and activities of the Smart Grid Subcommittee, Power Delivery Subcommittee, Energy Storage Subcommittee, the Clean Power Plan Working Group, and the Grid Modernization Working Group.

    Tentative Agenda: September 28, 2016 12:00 p.m.-1:00 p.m. Swearing in Ceremony for New EAC Members 12:00 p.m.-1:00 p.m. EAC Leadership Committee Meeting 12:00 p.m.-1:00 p.m. Registration 1:00 p.m.-1:20 p.m. EAC Ethics Briefing for all Members 1:20 p.m.-1:35 p.m. Welcome, Introductions, Developments since the June 2016 Meeting 1:35 p.m.-1:50 p.m. Update on the DOE Office of Electricity Delivery and Energy Reliability's Programs and Initiatives 1:50 p.m.-2:30 p.m. Presentation on 2016 paper sponsored by NOAA, “Future Cost-Competitive Electricity Systems and Their Impact on U.S. CO2 Emissions” 2:30 p.m.-2:45 p.m. Break 2:45 p.m.-4:25 p.m. Panel: Opportunities Presented by High-Voltage Direct Current (HVDC) Transmission 4:25 p.m.-4:45 p.m. Update on the Clean Power Plan Working Group Activities and Plans 4:45 p.m.-5:45 p.m. Open Discussion on Industry Topics Relevant to DOE 5:45 p.m.-5:50 p.m. Wrap-up and Adjourn Day One of September 2016 Meeting of the EAC Tentative Agenda: September 29, 2016 8:00 a.m.-8:25 a.m. EAC Smart Grid Subcommittee Activities and Plans 8:25 a.m.-9:05 a.m. EAC Power Delivery Subcommittee Activities and Plans 9:05 a.m.-9:45 a.m. EAC Energy Storage Subcommittee Activities and Plans 9:45 a.m.-10:00 a.m. Break 10:00 a.m.-11:40 a.m. Panel: Grid Impacts of High Penetration of Plug-in Electric Vehicles 11:40 a.m.-12:10 p.m. Update on the Grid Modernization Initiative Working Group Activities and Plans 12:10 p.m.-12:20 p.m. Public Comments 12:20 p.m.-12:30 p.m. Wrap-up and Adjourn September 2016 Meeting of the EAC

    The meeting agenda may change to accommodate EAC business. For EAC agenda updates, see the EAC Web site at: http://energy.gov/oe/services/electricity-advisory-committee-eac.

    Public Participation: The EAC welcomes the attendance of the public at its meetings. Individuals who wish to offer public comments at the EAC meeting may do so on Thursday, September 29, 2016, but must register at the registration table in advance. Approximately 10 minutes will be reserved for public comments. Time allotted per speaker will depend on the number who wish to speak but is not expected to exceed three minutes. Anyone who is not able to attend the meeting, or for whom the allotted public comments time is insufficient to address pertinent issues with the EAC, is invited to send a written statement to Mr. Matthew Rosenbaum.

    You may submit comments, identified by “Electricity Advisory Committee Open Meeting,” by any of the following methods:

    Mail/Hand Delivery/Courier: Matthew Rosenbaum, Office of Electricity Delivery and Energy Reliability, U.S. Department of Energy, Forrestal Building, Room 8G- 017, 1000 Independence Avenue SW., Washington, DC 20585.

    Email: [email protected] Include “Electricity Advisory Committee Open Meeting” in the subject line of the message.

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Instructions: All submissions received must include the agency name and identifier. All comments received will be posted without change to http://energy.gov/oe/services/electricity-advisory-committee-eac, including any personal information provided.

    Docket: For access to the docket, to read background documents or comments received, go to http://energy.gov/oe/services/electricity-advisory-committee-eac.

    The following electronic file formats are acceptable: Microsoft Word (.doc), Corel Word Perfect (.wpd), Adobe Acrobat (.pdf), Rich Text Format (.rtf), plain text (.txt), Microsoft Excel (.xls), and Microsoft PowerPoint (.ppt). If you submit information that you believe to be exempt by law from public disclosure, you must submit one complete copy, as well as one copy from which the information claimed to be exempt by law from public disclosure has been deleted. You must also explain the reasons why you believe the deleted information is exempt from disclosure.

    DOE is responsible for the final determination concerning disclosure or nondisclosure of the information and for treating it in accordance with the DOE's Freedom of Information regulations (10 CFR 1004.11).

    Note: Delivery of the U.S. Postal Service mail to DOE may be delayed by several weeks due to security screening. DOE, therefore, encourages those wishing to comment to submit comments electronically by email. If comments are submitted by regular mail, the Department requests that they be accompanied by a CD or diskette containing electronic files of the submission.

    Minutes: The minutes of the EAC meeting will be posted on the EAC Web page at http://energy.gov/oe/services/electricity-advisory-committee-eac. They can also be obtained by contacting Mr. Matthew Rosenbaum at the address above.

    Issued in Washington, DC, on August 23, 2016. LaTanya R. Butler, Deputy Committee Management Officer.
    [FR Doc. 2016-20618 Filed 8-26-16; 8:45 am] BILLING CODE 6450-01-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: EC16-138-000.

    Applicants: Effingham County Power, LLC, SEPG Energy Marketing Services, LLC, Washington County Power, LLC.

    Description: Supplement to June 30, 2016 Application for Authorization Pursuant to Section 203 of the FPA of Effingham County Power, LLC, et al.

    Filed Date: 8/19/16.

    Accession Number: 20160819-5219.

    Comments Due: 5 p.m. ET 8/29/16.

    Docket Numbers: EC16-157-000.

    Applicants: Alcoa Power Generating Inc., Cube Yadkin Generation LLC, Cube Yadkin Transmission LLC.

    Description: Supplement to July 26, 2106 Joint Application for Authorization for Disposition and Consolidation of Jurisdictional Facilities and Acquisition of Existing Generation Facilities of Alcoa Power Generating Inc., et al.

    Filed Date: 8/18/16.

    Accession Number: 20160818-5342.

    Comments Due: 5 p.m. ET 8/29/16.

    Docket Numbers: EC16-169-000.

    Applicants: Entergy Nuclear FitzPatrick, LLC, Exelon Generation Company, LLC.

    Description: Joint Application under FPA Section 203 of Entergy Nuclear FitzPatrick, LLC and Exelon Generation Company, LLC.

    Filed Date: 8/19/16.

    Accession Number: 20160819-5257.

    Comments Due: 5 p.m. ET 10/3/16.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER16-2463-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Service Agreement No. 4524, Queue Position AA2-100 to be effective 7/21/2016.

    Filed Date: 8/22/16.

    Accession Number: 20160822-5243.

    Comments Due: 5 p.m. ET 9/12/16.

    Docket Numbers: ER16-2464-000.

    Applicants: Mississippi Power Company.

    Description: § 205(d) Rate Filing: Shared Service Amendment to MRA Cost Based Tariff to be effective 10/22/2016.

    Filed Date: 8/23/16.

    Accession Number: 20160823-5044.

    Comments Due: 5 p.m. ET 9/13/16.

    Docket Numbers: ER16-2465-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: First Revised Service Agreement No. 2135, Queue Position AA2-079 to be effective 7/27/2016.

    Filed Date: 8/23/16.

    Accession Number: 20160823-5054.

    Comments Due: 5 p.m. ET 9/13/16.

    Docket Numbers: ER16-2466-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Amendment to First Revised ISA No. 4355, Queue No. Z2-011 to be effective 12/21/2015.

    Filed Date: 8/23/16.

    Accession Number: 20160823-5057.

    Comments Due: 5 p.m. ET 9/13/16.

    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 23, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-20622 Filed 8-26-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER16-2456-000] Emera Energy Services Subsidiary No. 12 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 Emera Energy Services Subsidiary No. 12 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 12, 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 23, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-20627 Filed 8-26-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER16-2449-000] Boulder Solar II, 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 Boulder Solar II, 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 12, 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 23, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-20625 Filed 8-26-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER16-2462-000] Oregon Clean Energy, 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 Oregon Clean Energy, 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 12, 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 23, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-20631 Filed 8-26-16; 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: EC16-170-000.

    Applicants: Black Oak Wind, LLC.

    Description: Application of Black Oak Wind, LLC for Authorization of Transaction Pursuant to Section 203 of the Federal Power Act, and Request for Expedited Action and Privileged Treatment.

    Filed Date: 8/19/16.

    Accession Number: 20160819-5288.

    Comments Due: 5 p.m. ET 9/9/16.

    Docket Numbers: EC16-171-000.

    Applicants: Union Atlantic Electricity, CPG Power Holdings LLC.

    Description: Application for Authorization of Transaction Under FPA Section 203 of CPG Power Holdings LLC.

    Filed Date: 8/19/16.

    Accession Number: 20160819-5290.

    Comments Due: 5 p.m. ET 9/9/16.

    Take notice that the Commission received the following exempt wholesale generator filings:

    Docket Numbers: EG16-137-000.

    Applicants: Brady Interconnection, LLC.

    Description: Notice of Self-Certification of Exempt Wholesale Generator Status of Brady Interconnection, LLC.

    Filed Date: 8/19/16.

    Accession Number: 20160819-5296.

    Comments Due: 5 p.m. ET 9/9/16.

    Docket Numbers: EG16-138-000.

    Applicants: Pumpjack Solar I, LLC.

    Description: Pumpjack Solar I, LLC submits Notice of Self-Certification as an Exempt Wholesale Generator Status.

    Filed Date: 8/22/16.

    Accession Number: 20160822-5120.

    Comments Due: 5 p.m. ET 9/12/16.

    Docket Numbers: EG16-139-000.

    Applicants: Wildwood Solar I, LLC.

    Description: Wildwood Solar I, LLC submits Notice of Self-Certification as an Exempt Wholesale Generator.

    Filed Date: 8/22/16.

    Accession Number: 20160822-5125.

    Comments Due: 5 p.m. ET 9/12/16.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER16-1614-000.

    Applicants: Louisiana Generating LLC.

    Description: Amendment to May 2, 2016 Request of Louisiana Generating LLC to recover costs associated with acting as a Local Balancing Authority under MISO Tariff.

    Filed Date: 8/19/16.

    Accession Number: 20160819-5221.

    Comments Due: 5 p.m. ET 8/26/16.

    Docket Numbers: ER16-2445-000.

    Applicants: California Independent System Operator Corporation.

    Description: § 205(d) Rate Filing: 2016-08-19 Bidding Rules and Commitment Cost Enhancements to be effective 11/30/2016.

    Filed Date: 8/19/16.

    Accession Number: 20160819-5235.

    Comments Due: 5 p.m. ET 9/9/16.

    Docket Numbers: ER16-2454-000.

    Applicants: ISO New England Inc., The United Illuminating Company.

    Description: § 205(d) Rate Filing: Revisions to Schedule 21-UI of ISO-NE OATT to Comply with Normalization Req. to be effective 7/1/2016.

    Filed Date: 8/22/16.

    Accession Number: 20160822-5147.

    Comments Due: 5 p.m. ET 9/12/16.

    Docket Numbers: ER16-2455-000.

    Applicants: Emera Energy Services Subsidiary No. 11.

    Description: Baseline eTariff Filing: Application for Market-Based Rate Authority to be effective 10/22/2016.

    Filed Date: 8/22/16.

    Accession Number: 20160822-5153.

    Comments Due: 5 p.m. ET 9/12/16.

    Docket Numbers: ER16-2456-000.

    Applicants: Emera Energy Services Subsidiary No. 12.

    Description: Baseline eTariff Filing: Application for Market-Based Rate Authority to be effective 10/22/2016.

    Filed Date: 8/22/16.

    Accession Number: 20160822-5166.

    Comments Due: 5 p.m. ET 9/12/16.

    Docket Numbers: ER16-2457-000.

    Applicants: Emera Energy Services Subsidiary No. 13.

    Description: Baseline eTariff Filing: Application for Market-Based Rate Authority to be effective 10/22/2016.

    Filed Date: 8/22/16.

    Accession Number: 20160822-5169.

    Comments Due: 5 p.m. ET 9/12/16.

    Docket Numbers: ER16-2458-000.

    Applicants: Emera Energy Services Subsidiary No. 14.

    Description: Baseline eTariff Filing: Application for Market-Based Rate Authority to be effective 10/22/2016.

    Filed Date: 8/22/16.

    Accession Number: 20160822-5171.

    Comments Due: 5 p.m. ET 9/12/16.

    Docket Numbers: ER16-2459-000.

    Applicants: Emera Energy Services Subsidiary No. 15.

    Description: Baseline eTariff Filing: Application for Market-Based Rate Authority to be effective 10/22/2016.

    Filed Date: 8/22/16.

    Accession Number: 20160822-5178.

    Comments Due: 5 p.m. ET 9/12/16.

    Docket Numbers: ER16-2460-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Rev to OATT Att K-Appx sec 8.8 and OA Schedule 1 sec 8.8 DR Emergency Energy M&V to be effective 11/1/2016.

    Filed Date: 8/22/16.

    Accession Number: 20160822-5186.

    Comments Due: 5 p.m. ET 9/12/16.

    Docket Numbers: ER16-2461-000.

    Applicants: Public Service Company of Oklahoma.

    Description: § 205(d) Rate Filing: PSO-WFEC Bear Creek Delivery Point Agreement to be effective 7/27/2016.

    Filed Date: 8/22/16.

    Accession Number: 20160822-5194.

    Comments Due: 5 p.m. ET 9/12/16.

    Docket Numbers: ER16-2462-000.

    Applicants: Oregon Clean Energy, LLC.

    Description: Baseline eTariff Filing: Application for Market Based Rate to be effective 10/21/2016.

    Filed Date: 8/22/16.

    Accession Number: 20160822-5218.

    Comments Due: 5 p.m. ET 9/12/16.

    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 22, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-20634 Filed 8-26-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER16-2459-000] Emera Energy Services Subsidiary No. 15 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 Emera Energy Services Subsidiary No. 15 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 12, 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 23, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-20630 Filed 8-26-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP16-4-000] Tennessee Gas Transmission, L.L.C.; Notice of Availability of the Environmental Assessment for the Proposed Orion Project

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an environmental assessment (EA) for the Orion Project, proposed by Tennessee Gas Transmission, L.L.C. (Tennessee Gas) in the above-referenced docket. Tennessee Gas requests authorization to construct and operate pipeline facilities, to add new tie-in facilities, and to modify an existing compressor station in Wayne and Pike Counties, Pennsylvania, which would deliver an additional 135,000 dekatherms per day of natural gas to meet needs of three contracted shippers in the northeast United States.

    The EA assesses the potential environmental effects of the construction and operation of the Orion Project in accordance with the requirements of the National Environmental Policy Act (NEPA). The FERC staff concludes that approval of the proposed project, with appropriate mitigating measures, would not constitute a major federal action significantly affecting the quality of the human environment.

    The U.S. Army Corps of Engineers participated as a cooperating agency in the preparation of the EA. Cooperating agencies have jurisdiction by law or special expertise with respect to resources potentially affected by the proposal and participate in the NEPA analysis.

    The proposed Orion Project includes the following facilities:

    • Approximately 12.9 miles of new 36-inch-diameter looping 1 pipeline in Wayne and Pike Counties, Pennsylvania;

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

    • a new internal pipeline inspection (“pig”) 2 launcher, crossover, and connecting facilities at the beginning of the proposed pipeline loop in Wayne County;

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

    • a new pig receiver, crossover, and connecting facilities at the end of the proposed pipeline loop in Pike County; and

    • modifications at Tennessee Gas's existing Compressor Station 323, including rewheeling/restaging of an existing compressor and other piping and appurtenant modifications.

    The FERC staff mailed copies of the EA to federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American tribes; potentially affected landowners and other interested individuals and groups; newspapers and libraries in the project area; and parties to this proceeding. In addition, the EA is available for public viewing on the FERC's Web site (www.ferc.gov) using the eLibrary link. A limited number of copies of the EA are available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street NE., Room 2A, Washington, DC 20426, (202) 502-8371.

    Any person wishing to comment on the EA may do so. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. The more specific your comments, the more useful they will be. To ensure that the Commission has the opportunity to consider your comments prior to making its decision on this project, it is important that we receive your comments in Washington, DC on or before September 22, 2016.

    For your convenience, there are three methods you can use to file your comments to the Commission. In all instances, please reference the project docket number (CP16-4-000) with your submission. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or [email protected]

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

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

    (3) You can file a paper copy of your comments by mailing them to the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

    Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214).3 Only intervenors have the right to seek rehearing of the Commission's decision. The Commission grants affected landowners and others with environmental concerns intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which no other party can adequately represent. Simply filing environmental comments will not give you intervenor status, but you do not need intervenor status to have your comments considered.

    3 See the previous discussion on the methods for filing comments.

    Additional information about the project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC Web site (www.ferc.gov) using the eLibrary link. Click on the eLibrary link, click on “General Search,” and enter the docket number excluding the last three digits in the Docket Number field (i.e., CP16-4). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

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

    Dated: August 23, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-20623 Filed 8-26-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM98-1-000] Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of prohibited and exempt off-the-record communications.

    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive a prohibited or exempt off-the-record communication relevant to the merits of a contested proceeding, to deliver to the Secretary of the Commission, a copy of the communication, if written, or a summary of the substance of any oral communication.

    Prohibited communications are included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010.

    Exempt off-the-record communications are included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e)(1)(v).

    The following is a list of off-the-record communications recently received by the Secretary of the Commission. The communications listed are grouped by docket numbers in ascending order. These filings are available for electronic review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the eLibrary link. Enter the docket number, excluding the last three digits, in the docket number field to access the document. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659.

    Docket No. File date Presenter or requester Prohibited: 1. IS16-61-000 8-4-2016 R. Gordan Gooch. 2. CP15-558-000 8-8-2016 Roy Christman. 3. CP15-558-000 8-8-2016 Roy Christman. 4. CP16-10-000 8-8-2016 Susan Richmond-Steitz. 5. CP15-88-000 8-11-2016 Ann Hall McHenry. 6. CP15-558-000 8-12-2016 Marilyn Cummings. 7. CP15-558-000 8-12-2016 Roy Christman. 8. CP15-558-000 8-12-2016 Alan Scott. 9. CP15-558-000 8-12-2016 Fiona Scott. 10. CP15-558-000 8-15-2016 Hunt Stockwell. 11. CP15-558-000 8-15-2016 Roy Christman. 12. CP15-554-000, CP16-10-000 8-16-2016 John Stella. 13. CP14-96-000 8-16-2016 Pat Abeyta. 14. CP16-21-000 8-18-2016 Mike Hughson. Kathy Hughson. Exempt: 1. P-14241-000 8-4-2016 State of Alaska Governor Bill Walker. 2. P-553-000 8-5-2016 Upper Skagit Indian Tribe. 3. P-1494-000 8-8-2016 U.S. Senator James M. Inhofe. 4. CP15-558-000 8-9-2016 U.S. House Representative Leonard Lance. 5. P-1494-433 8-10-2016 FERC Staff.1 6. P-1494-433 8-11-2016 FERC Staff.2 7. P-1494-433 8-11-2016 FERC Staff.3 8. CP16-10-000 8-17-2016 U.S. Senator Mark R. Warner. 9. P-13753-002, P-13762-002, P-13771-002, P-13763-002, P-13766-002, P-13767-002 8-19-2016 FERC Staff.4 1 Memo reporting phone call on July 26, 2016 with Senator James Inhofe of Oklahoma. 2 Memo reporting phone call on July 28, 2016 with Senator James Inhofe of Oklahoma. 3 Memo reporting phone call on July 26, 2016 with Senator James Inhofe of Oklahoma. 4 Telephone Record for phone call on August 16, 2016 with Rick McCorkle of the U.S. Fish and Wildlife Service. Dated: August 23, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-20633 Filed 8-26-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER16-2455-000] Emera Energy Services Subsidiary No. 11 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 Emera Energy Services Subsidiary No. 11 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 12, 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 23, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-20626 Filed 8-26-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL16-107-000] Southern Maryland Electric Cooperative, Inc.; Choptank Electric Cooperative, Inc.; Notice of Petition for Declaratory Order

    Take notice that on August 23, 2016, pursuant to Rule 207 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure,1 Southern Maryland Electric Cooperative, Inc. and Choptank Electric Cooperative, Inc., filed a petition for a declaratory order requesting that the Commission review regulations promulgated by the Public Service Commission of Maryland (MD PSC) regarding community solar energy generation systems (CSEGSs) and to issue a declaratory order alleging that the MD PSC's CSEGS regulations do not comply with federal law, including the Public Utility Regulatory Policies Act and the Federal Power Act, all as more fully explained in the petition.

    1 18 CFR 385.207.

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

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern time on September 22, 2016.

    Dated: August 23, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-20632 Filed 8-26-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER16-2443-000] NextEra Blythe Solar Energy Center, 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 NextEra Blythe Solar Energy Center, 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 12, 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 23, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-20624 Filed 8-26-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP16-1174-000.

    Applicants: Kern River Gas Transmission Company.

    Description: Section 4(d) Rate Filing: 2016 KRF-PK to be effective 9/17/2016.

    Filed Date: 8/17/16.

    Accession Number: 20160817-5306.

    Comments Due: 5 p.m. ET 8/29/16.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    Filings in Existing Proceedings

    Docket Numbers: RP16-566-002.

    Applicants: Total Peaking Services,L.L.C.

    Description: Compliance filing TPS Order No. 809 Compliance Filing Order Changes to be effective 4/1/2016.

    Filed Date: 8/17/16.

    Accession Number: 20160817-5392.

    Comments Due: 5 p.m. ET 8/29/16.

    Any person desiring to protest in any of the above proceedings must file in accordance with Rule 211 of the Commission's Regulations (18 CFR 385.211) on or before 5:00 p.m. Eastern time on the specified comment date.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: August 18, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-20635 Filed 8-26-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER16-2457-000] Emera Energy Services Subsidiary No. 13 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 Emera Energy Services Subsidiary No. 13 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 12, 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 23, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-20628 Filed 8-26-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER16-2458-000] Emera Energy Services Subsidiary No. 14 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 Emera Energy Services Subsidiary No. 14 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 12, 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 23, 2016. Kimberly D. Bose, Secretary.
    [FR Doc. 2016-20629 Filed 8-26-16; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Southeastern Power Administration Notice of Interim Approval AGENCY:

    Southeastern Power Administration, DOE.

    ACTION:

    Notice of Rate Order.

    SUMMARY:

    The Southeastern Power Administration (SEPA) establishes Rate Schedules JW-1-K and JW-2-F. The Deputy Secretary of the Department of Energy confirmed and approved the rates on an interim basis through September 30, 2021, and the rate schedules are subject to confirmation and approval by the Federal Energy Regulatory Commission (Commission) on a final basis.

    DATES:

    The rate schedules are effective, on an interim basis, starting on October 1, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Virgil G. Hobbs III, Assistant Administrator, Finance and Marketing, Southeastern Power Administration, Department of Energy, 1166 Athens Tech Road, Elberton, Georgia 30635-6711, (706) 213-3800. Relevant documents and transcripts are available for inspection.

    SUPPLEMENTARY INFORMATION:

    The Commission, by Order issued December 22, 2011, in Docket No. EF11-12-000, confirmed and approved Wholesale Power Rate Schedules JW-1-J and JW-2-F through September 19, 2016 (137 FERC ¶ 62,248).

    By order published March 31, 2016, (81 FR 18607) the rate schedules were extended to September 30, 2016. Rate schedule JW-1-K replaces rate schedule JW-1-J and rate schedule JW-2-F is extended through September 30, 2021.

    Dated: August 22, 2016. Elizabeth Sherwood-Randall, Deputy Secretary. DEPARTMENT OF ENERGY DEPUTY SECRETARY

    In the Matter of: Southeastern Power Administration, Jim Woodruff Project Power Rates

    Rate Order No. SEPA-61 ORDER CONFIRMING AND APPROVING POWER RATES ON AN INTERIM BASIS

    Pursuant to Sections 302(a) of the Department of Energy Organization Act, Public Law 95-91, the functions of the Secretary of the Interior and the Federal Power Commission under Section 5 of the Flood Control Act of 1944, 16 U.S.C. 825s, relating to the Southeastern Power Administration (“Southeastern” or “SEPA”) were transferred to and vested in the Secretary of Energy. By Delegation Order No. 00-037.00A, effective October 25, 2013, the Secretary of Energy delegated to Southeastern's Administrator the authority to develop power and transmission rates, delegated to the Deputy Secretary of Energy the authority to confirm, approve, and place in effect such rates on an interim basis, and delegated to the Federal Energy Regulatory Commission (“Commission”) the authority to confirm, approve, and place into effect on a final basis or to disapprove rates developed by the Administrator under the delegation. This rate order is issued by the Deputy Secretary pursuant to this delegation order.

    BACKGROUND

    Power from the Jim Woodruff Project is presently sold under Wholesale Power Rate Schedules JW-1-J and JW-2-F. These rate schedules were approved by the Commission on December 22, 2011, for a period ending September 19, 2016 (171 FERC ¶62,248). By order dated March 31, 2016, (81 FR 18607) these rate schedules were extended to September 30, 2016.

    Public Notice and Comment

    Southeastern prepared a Power Repayment Study, dated July 2016, showing revenues at current rates were adequate to meet repayment criteria and generate an estimated cumulative surplus of over $159 million by fiscal year 2066. The rate reduction is due to reduced United States Army Corps of Engineers (Corps) Operation and Maintenance expense estimates. Southeastern is proposing a rate reduction of about 24 percent to reduce this surplus. On March 31, 2016, by Federal Register notice (81 FR 18624), Southeastern proposed a rate adjustment. The notice also announced a Public Information and Comment Forum to be held May 5, 2016, in Chattahoochee, Florida. Two parties asked questions at the forum. Responses to the questions are part of the written record of the forum, and a transcript of the forum is available at Southeastern Power Administration (see FOR FURTHER INFORMATION CONTACT section). The transcript of the forum is part of the record to be filed with the Commission and will be available on the Commission's Web site at www.ferc.gov. Written comments were accepted on or before June 29, 2016. Written comments were received from one source, the Southeastern Federal Power Customers. All comments received are summarized and responded to in the following section.

    Staff Review of Comments

    Notice of proposed rate schedules for the Jim Woodruff System was published in the Federal Register March 31, 2016 (81 FR 18624). The notice advised interested parties that a public information and comment forum would be held in Chattahoochee, Florida, on May 5, 2016. The end of the comment period was June 29, 2016. Written comments were received from one source, the Southeastern Federal Power Customers.

    Written comments received from the Southeastern Federal Power Customers and the comments received at the public forum are summarized below. Southeastern's response follows each comment.

    Comment 1: Overall, the SeFPC supports the rate proposed by SEPA.

    Response 1: Southeastern has requested the Deputy Secretary to approve the proposed rate schedules on an interim basis. The Deputy Secretary has approved the proposed rate schedules and Southeastern will request the Federal Energy Regulatory Commission (FERC) approve the proposed rate schedules on a final basis.

    Comment 2: In our review of the executive summary of the repayment study, we noted that SEPA had modeled roughly $2 million in incremental investment over the course of the repayment study. The customers desire to know the priority of the modeled investment for the Corps.

    Response 2: Southeastern is required to provide for estimated replacements in its rate studies. The incremental investment in the comment includes governor replacements for generators 1, 2, and 3 which the Corps plans to place in service in fiscal year 2018. The Corps has provided estimates of future capital investments to Southeastern, which include the governor replacements noted. There is no certainty of appropriated funding, and Southeastern does not currently have the option of customer funding in the Jim Woodruff System.

    Southeastern will continue to work with the customers and the Corps to assure appropriate funding of capital investment to ensure reliable, cost effective service.

    DISCUSSION System Repayment

    An examination of Southeastern's revised system power repayment study, prepared in July 2016, for the Jim Woodruff Project, shows the rates will pay all system power costs within the 50-year repayment period required by existing law and DOE Order RA 6120.2. The Administrator of Southeastern has certified the rates are consistent with applicable law and are the lowest possible rates to preference customers consistent with sound business principles.

    Environmental Impact

    Southeastern has reviewed the possible environmental impacts of the rate adjustment under consideration and has concluded the adjusted rates would not significantly affect the quality of the human environment within the meaning of the National Environmental Policy Act of 1969. The proposed action is not a major Federal action for which preparation of an Environmental Impact Statement is required.

    Availability of Information

    Information regarding these rates, including studies, and other supporting materials, is available for public review in the offices of Southeastern Power Administration, 1166 Athens Tech Road, Elberton, Georgia 30635-6711.

    Submission to the Federal Energy Regulatory Commission

    The rates hereinafter confirmed and approved on an interim basis, together with supporting documents, will be submitted promptly to the Federal Energy Regulatory Commission for confirmation and approval on a final basis for a period beginning October 1, 2016, and ending no later than September 30, 2021.

    ORDER

    In view of the foregoing and pursuant to the authority delegated to me by the Secretary of Energy, I hereby confirm and approve on an interim basis, effective October 1, 2016, attached Wholesale Power Rate Schedules JW-1-K and JW-2-F. The rate schedules shall remain in effect on an interim basis through September 30, 2021, unless such period is extended or until the Federal Energy Regulatory Commission confirms and approves them or substitute rate schedules on a final basis.

    Dated: August 22, 2016 Elizabeth Sherwood-Randall Deputy Secretary Wholesale Power Rate Schedule JW-1-K Availability:

    This rate schedule shall be available to public bodies and cooperatives served by the Duke Energy Florida and having points of delivery within 150 miles of the Jim Woodruff Project (hereinafter called the Project).

    Applicability:

    This rate schedule shall be applicable to firm power and accompanying energy made available by the Government from the Project and sold in wholesale quantities.

    Character of Service:

    The electric capacity and energy supplied hereunder will be three-phase alternating current at a nominal frequency of 60 cycles per second delivered at the delivery points of the customer.

    Monthly Rate:

    The monthly rate for capacity and energy made available or delivered under this rate schedule shall be:

    Demand Charge:

    $7.74 per kilowatt of monthly contract demand

    Energy Charge:

    20.44 mills per kilowatt-hour

    Purchased Power Pass-Through:

    In addition to the capacity and energy charges, each preference customer will be charged for power purchased by Southeastern on behalf of the preference customer. This pass-through will be computed as follows:

    Each month, Duke Energy Florida provides Southeastern with the meter readings for preference customers' delivery points that have an allocation of capacity from Southeastern. Subsequently, Duke Energy Florida provides Southeastern with reports of purchased power and support capacity requirements around the 10th of the succeeding month. Southeastern computes its purchased power obligation for each delivery point monthly.

    Southeastern computes any revenue from sales to Duke Energy Florida for each delivery point monthly. Southeastern sums the purchased power obligation and any revenue from sales to Duke Energy Florida for each preference customer monthly. The purchased power obligation minus any revenue from sales to Duke Energy Florida for each customer is called the Net Purchased Power Cost. Southeastern charges each customer its respective monthly Net Purchased Power Cost in equal portions over the next eleven billing months.

    Billing Demand:

    The monthly billing demand for any billing month shall be the lower of (a) the Customer's contract demand or (b) the sum of the maximum 30-minute integrated demands for the month at each of the Customer's points of delivery; provided, that, if an allocation of contract demand to delivery points has become effective, the 30-minute maximum integrated demand for any point of delivery shall not be considered to be greater than the portion of the Customer's contract demand allocated to that point of delivery.

    Contract Demand:

    The contract demand is the amount of capacity in kilowatts stated in the contract which the Government is obligated to supply and the Customer is entitled to receive.

    Energy Made Available:

    During any billing month in which the Government supplies all the Customer's capacity requirements for a particular delivery point, the Government will make available the total energy requirement of said point. When both the Government and the Duke Energy Florida are supplying capacity to a delivery point, each kilowatt of capacity supplied to such point during such month will be considered to be accompanied by an equal quantity of energy.

    Billing Month:

    The billing month for power sold under this schedule shall end at 12:00 midnight on the last day of each calendar month.

    Conditions of Service:

    The customer shall, at its own expense, provide, install, and maintain on its side of each delivery point the equipment necessary to protect and control its own system. In so doing, the installation, adjustment, and setting of all such control and protective equipment at or near the point of delivery shall be coordinated with that which is installed by and at the expense of the Duke Energy Florida on its side of the delivery point.

    Service Interruption:

    When energy delivered to the Customer's system for the account of the Government is reduced or interrupted for one hour or longer, and such reduction or interruption is not due to conditions on the Customer's system or has not been planned and agreed to in advance, the demand charge for the month shall be appropriately reduced.

    October 1, 2016 Wholesale Power Rate Schedule JW-2-F Availability:

    This rate schedule shall be available to the Duke Energy Florida (formerly known as Florida Power Corporation, and hereinafter called the Company).

    Applicability:

    This rate schedule shall be applicable to electric energy generated at the Jim Woodruff Project (hereinafter called the Project) and sold to the Company in wholesale quantities.

    Points of Delivery:

    Power sold to the Company by the Government will be delivered at the connection of the Company's transmission system with the Project bus.

    Character of Service:

    Electric power delivered to the Company will be three-phase alternating current at a nominal frequency of 60 cycles per second.

    Monthly Rate:

    The monthly rate for energy sold under this schedule shall be equal to 100 percent of the calculated saving in the cost of fuel per kWh to the Company determined as follows:

    EN29AU16.019 [Computed to the nearest $0.00001 (1/100mill) per kWh] Where: Fm = Company fuel cost in the current period as defined in Federal Power Commission Order 517 issued November 13, 1974, Docket No. R-479. Sm = Company sales in the current period reflecting only losses associated with wholesale sales for resale. Sale shall be equated to the sum of (a) generation, (b) purchases, (c) interchange-in, less (d) inter-system sales, less estimated wholesale losses (based on average transmission loss percentage for preceding calendar year). Determination of Energy Sold:

    Energy will be furnished by the Company to supply any excess of Project use over Project generation. Energy so supplied by the Company will be deducted from the actual deliveries to the Company's system to determine the net deliveries for energy accounting and billing purposes. Energy for Project use shall consist of energy used for station service, lock operation, Project yard, village lighting, and similar uses.

    The on-peak hours shall be the hours between 7:00 a.m. and 11:00 p.m., Monday through Sunday, inclusive. Off-peak hours shall be all other hours.

    All energy made available to the Company shall, to the extent required, be classified as energy transmitted to the Government's preference customers served from the Company's system. All energy made available to the Company from the Project shall be separated on the basis of the metered deliveries to it at the Project during on-peak and off-peak hours, respectively. Deliveries to preference customers of the Government shall be divided on the basis (with allowance for losses) of 77 percent being considered as on-peak energy and 23 percent being off-peak energy. Such percentages may by mutual consent be changed from time to time as further studies show to be appropriate. In the event that in classifying energy there is more than enough on-peak energy available to supply on-peak requirements of the Government's preference customers but less than enough off-peak energy available to supply such customers off-peak requirements, such excess on-peak energy may be applied to the extent necessary to meet off-peak requirements of such customers in lieu of purchasing deficiency energy to meet such off-peak requirements.

    Billing Month:

    The billing month under this schedule shall end at 12:00 midnight on the last day of each calendar month.

    Power Factor:

    The purchaser and seller under this rate schedule agree that they will both so operate their respective systems that neither party will impose an undue reactive burden on the other.

    October 1, 2016
    [FR Doc. 2016-20620 Filed 8-26-16; 8:45 am] BILLING CODE 6450-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2015-0715; FRL-9947-07-OEI] Agency Information Collection Activities; Submitted to OMB for Review and Approval; Comment Request; Tolerance Petitions for Pesticides on Food or Feed Crops and New Food Use Inert Ingredients AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: “Tolerance Petitions for Pesticides on Food or Feed Crops and New Food Use Inert Ingredients” (EPA ICR No. 0597.12, OMB Control No. 2070-0024). This is a request to renew the approval of an existing ICR, which is currently approved through August 31, 2016. EPA did not receive any comments in response to the previously provided public review opportunity issued in the Federal Register of December 24, 2015 (80 FR 80357). With this submission, EPA is providing an additional 30 days for public review.

    DATES:

    Comments must be received on or before September 28, 2016.

    ADDRESSES:

    Submit your comments, identified by Docket ID Number EPA-HQ-OPP-2015-0715, to both EPA and OMB as follows:

    To EPA online using http://www.regulations.gov (our preferred method) or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and

    To OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information for which disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Amaris Johnson, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (703) 305-9542; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Docket: Supporting documents, including the ICR that explains in detail the information collection activities and the related burden and cost estimates that are summarized in this document, are available in the docket for this ICR. The docket can be viewed online at http://www.regulations.gov or in person at the EPA Docket Center, West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is (202) 566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    ICR status: This ICR is currently scheduled to expire on August 31, 2016. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB.

    Under PRA, 44 U.S.C. 3501 et seq., an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR part 9.

    Abstract: The use of pesticides to increase crop production often results in pesticide residues in or on the crop. To protect the public health from unsafe pesticide residues, EPA sets limits on the nature and level of residues permitted pursuant to section 408 of the Federal Food, Drug and Cosmetic Act (FFDCA). A pesticide may not be used on food or feed crops unless the Agency has established a tolerance (maximum residue limit) for the pesticide residues on that crop or established an exemption from the requirement to have a tolerance.

    EPA is responsible for ensuring that the maximum residue levels likely to be found in or on food/feed are safe for human consumption through a careful review and evaluation of residue chemistry and toxicology data. In addition, EPA must ensure that adequate enforcement of the tolerance can be achieved through the testing of submitted analytical methods. If the data are adequate for EPA to determine that there is a reasonable certainty that no harm will result from aggregate exposure, the Agency will establish the tolerance or grant an exemption from the requirement of a tolerance.

    This ICR only applies to the information collection activities associated with the submission of a petition for a tolerance action. While EPA is authorized to set pesticide tolerances, the Food and Drug Administration (FDA) is responsible for their enforcement. Food or feed commodities found to contain pesticide residues in excess of established tolerances are considered adulterated, are subject to seizure by FDA, and may result in civil penalties.

    Form Numbers: None.

    Respondents/affected entities: Pesticide manufacturers, IR-4, and similar entities.

    Respondent's obligation to respond: Mandatory under FIFRA section 408.

    Estimated number of respondents: 165 (total).

    Frequency of response: On occasion.

    Total estimated burden: 285,128 hours (per year). Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $27,475,223.58 (per year), there is no cost for capital or operation & maintenance costs.

    Changes in the estimates: There is an increase of 48,328 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This increase is a result of a change in the estimated average number of tolerance petitions submitted annually (from 137 to 165), which changes the annual burden hours for respondents. There is no change in the per tolerance petition burden. This change is an adjustment.

    Authority:

    44 U.S.C. 3501 et seq.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2016-20598 Filed 8-26-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2012-0664; FRL-9948-37-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Commercial Ethylene Oxide Sterilization and Fumigation Operations (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “NESHAP for Commercial Ethylene Oxide Sterilization and Fumigation Operations (40 CFR part 63, subpart O) (Renewal)” (EPA ICR No. 1666.10, OMB Control No. 2060-0283), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through August 31, 2016. Public comments were previously requested via the Federal Register (80 FR 32116) on June 5, 2015, during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before September 28, 2016.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2012-0664, to: (1) EPA online using www.regulations.gov (our preferred method), or by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information for which disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is (202) 566-1744. For additional information about EPA's public docket, visit: http://www.epa.gov/dockets.

    Abstract: The affected entities are subject to the General Provisions of the NESHAP (40 CFR part 63, subpart A), and any changes, or additions, to the Provisions are specified at 40 CFR part 63, subpart O. Owners or operators of the affected facilities must submit initial notification, performance tests, and periodic reports and results. Owners or operators are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. Reports, at a minimum, are required semiannually.

    Form Numbers: None.

    Respondents/affected entities: Ethylene oxide sterilization and fumigation facilities.

    Respondent's obligation to respond: Mandatory (40 CFR part 63, subpart O).

    Estimated number of respondents: 125 (total).

    Frequency of response: Initially, occasionally and semiannually.

    Total estimated burden: 9,200 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $1,630,000 (per year), which includes $681,000 in either annualized capital/startup or operation & maintenance costs.

    Changes in the Estimates: There is an adjustment increase in respondent burden in this ICR from the most recently approved ICR. This is due to several reasons: (1) This ICR assumes all existing sources will have to re-familiarize with the regulatory requirements each year; (2) there is an estimated increase in the respondent universe since the last ICR, with an addition of two new sources per year; and (3) the number of responses associated with waiver request and alternative method/monitoring was corrected for consistency. This results in an increase in the labor hours, costs, and total number of responses.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2016-20601 Filed 8-26-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-RCRA-2015-0836; FRL-9949-08-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Collection of Information on Anaerobic Digestion Facilities Processing Wasted Food To Support EPA's Sustainable Food Management Programs (New) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “Collection of Information on Anaerobic Digestion Facilities Processing Wasted Food to Support EPA's Sustainable Food Management Programs (New)” (EPA ICR No. 2533.01, OMB Control No. 2050-NEW) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a request for approval of a new collection. Public comments were previously requested via the Federal Register (81 FR 10856) on March 2, 2016 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before September 28, 2016.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-RCRA-2015-0836, to (1) EPA online using www.regulations.gov, by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Melissa Pennington, U.S. Environmental Protection Agency, Region 3, Mail Code 3LC40, 1650 Arch Street, Philadelphia, PA 19103; telephone number: (215) 814-3372; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is (202) 566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    Abstract: EPA's Office of Land and Emergency Management Sustainable Food Management (SFM) program is designed to advance sustainable food management practices throughout the United States by preventing and diverting wasted food from landfills. The focal point of the SFM program is the Food Recovery Challenge in which organizations pledge to improve their sustainable food management practices. The success of the SFM program efforts to divert wasted food from landfills requires sufficient capacity to process the diverted materials which includes composting and anaerobic digestion operations. In addition to increasing opportunity to process wasted food diverted from the municipal solid waste stream, anaerobic digesters achieve social, environmental and economic benefits, such as generation of renewable energy, reduction of methane emissions, and opportunities to improve soil health through the production of soil amendments. The SFM program supports these efforts by educating state and local governments and communities about the benefits of wasted food diversion. The SFM program also builds partnerships with state agencies and other strategic partners interested in developing organics recycling capacity and provides tools to assist organizations in developing anaerobic digestion (AD) projects.

    This information collection consists of a request for data not currently available on AD facilities processing wasted food as well as a review and update of the existing SFM AD facility inventory. Correspondence will include an electronic survey through which respondents can provide new information on their AD projects and an update to the existing AD facility inventory, if appropriate.

    Form Numbers: 6700-03, 6700-04, 6700-05.

    Respondents/affected entities: State Liaisons, Industry Representatives, Project Owner/Operators, and Other Stakeholders (e.g. non-profits).

    Respondent's obligation to respond: Voluntary.

    Estimated number of respondents: 460 (total).

    Frequency of response: Annually.

    Total estimated burden: 231 hours (per year). Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $16,972 (per year), includes $0 annualized capital or operation & maintenance costs.

    Changes in Estimates: There are no changes in burden estimates as this is a new ICR.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2016-20608 Filed 8-26-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2003-0041; FRL-9949-56-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; RadNet (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “RadNet (Renewal)” (EPA ICR No. 0877.13, OMB Control No. 2060-0015) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through August 31, 2016. Public comments were previously requested via the Federal Register (81 FR 39042) on June 15, 2016 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before September 28, 2016.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OAR-2003-0041, to (1) EPA online using www.regulations.gov (our preferred method), by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information for which disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    John Griggs, OAR/ORIA/NAREL, 540 South Morris Ave., Montgomery, AL 36115; telephone number: (334) 270-3400; fax number: (334) 270-3454; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    Abstract: RadNet is a national network of stations collecting sampling media that include air, precipitation, and drinking water. Samples are sent to EPA's National Analytical Radiation Environmental Lab (NAREL) in Montgomery, Alabama, where they are analyzed for radioactivity. RadNet provides emergency response/homeland security and ambient monitoring information on levels of environmental radiation across the nation. All stations, usually operated by state and local personnel, participate in RadNet voluntarily. Station operators complete information forms that accompany the samples. The forms request information pertaining to sample type, sample location, start and stop date and times for sampling, length of sampling period, and volume represented. Data from RadNet are made available regularly on the Agency Web sites—Envirofacts and the EPA Web site www.epa.gov/radnet.

    Form Numbers: 5900-23, 5900-24, 5900-27, 5900-29.

    Respondents/affected entities: State and Local Officials.

    Respondent's obligation to respond: Voluntary.

    Estimated number of respondents: 235 (total).

    Frequency of response: Biweekly requested for air filters, each measureable event for precipitation, quarterly for drinking water.

    Total estimated burden: 3,726 hours (per year). Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $139,843 (per year), includes $0 annualized capital or operation & maintenance costs.

    Changes in the Estimates: There is a decrease of 3,815 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This decrease is due to the transfer of the milk program to FDA and the elimination of the request to radiologically screen air-filters prior to shipment to NAREL.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2016-20599 Filed 8-26-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9951-61-Region 2] Proposed Settlement Pursuant to Section 122(h)(1) of CERCLA Relating to the Newstead Superfund Site, in the Town of Newstead, Erie County, New York. AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice; request for public comment.

    SUMMARY:

    In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”), 42 U.S.C. 9622(i), notice is hereby given by the U.S. Environmental Protection Agency (“EPA”), Region 2, of a proposed settlement agreement pursuant to Section 122(h) of CERCLA, entered into by and EPA, Region 2, and The Sherwin-Williams Company, (“Settling Party”), pertaining to the Newstead Superfund Site (“Site”) located in the Town of Newstead, Erie County, New York. Under the Settlement Agreement, the Settling Party agrees to pay EPA $1,000,000.00 in reimbursement of past response costs incurred at the Site.

    The Settlement Agreement includes a covenant by EPA not to sue or to take administrative action against the Settling Party pursuant to Section 107(a) of CERCLA, 42 U.S.C. 9607(a), with regard to Past Response Costs as defined in the Settlement Agreement. For thirty (30) days following the date of publication of this notice, EPA will receive written comments relating to the Settlement Agreement. EPA will consider all comments received and may modify or withdraw its consent to the Settlement Agreement if comments received disclose facts or considerations that indicate that the proposed Settlement Agreement is inappropriate, improper or inadequate. EPA's response to any comments received will be available for public inspection at EPA Region 2 offices, 290 Broadway, New York, New York 10007-1866.

    DATES:

    Comments must be submitted on or before September 28, 2016.

    ADDRESSES:

    The proposed Settlement Agreement is available for public inspection at EPA Region 2 offices at 290 Broadway, New York, New York 10007-1866. A copy may also be obtained from Meredith D. Fishburn, Attorney-Advisor, Office of Enforcement & Compliance, Office of Site Remediation Enforcement, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave NW., Washington, DC 20460, 202-564-4790, [email protected] Comments should reference the Newstead Superfund Site, Town of Newstead, Erie County, New York., Index No. CERCLA-02-2016-2015 and should be sent by mail or email to Meredith Fishburn, Newstead Superfund Site Attorney, at the above address.

    FOR FURTHER INFORMATION CONTACT:

    Meredith D. Fishburn, Attorney-Advisor, Office of Enforcement & Compliance, Office of Site Remediation Enforcement, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave NW., Washington, DC 20460, 202-564-4790, [email protected]

    Dated: August 18, 2016. Walter Mugdan, Director, Emergency and Remedial Response Division, U.S. Environmental Protection Agency, Region 2.
    [FR Doc. 2016-20657 Filed 8-26-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2012-0695; FRL—9946-19-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Site Remediation (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “NESHAP for Site Remediation (40 CFR part 63, subpart GGGGG) (Renewal)” (EPA ICR No. 2062.06, OMB Control No. 2060-0534), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through May 31, 2016. Public comments were previously requested via the Federal Register (80 FR 32116) on June 5, 2015 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before September 28, 2016.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2012-0695, to: (1) EPA online using www.regulations.gov (our preferred method), or by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information for which disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564-2970; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is (202) 566-1744. For additional information about EPA's public docket, visit: http://www.epa.gov/dockets.

    Abstract: Owners and operators of affected facilities are required to comply with reporting and record keeping requirements for the general provisions of 40 CFR part 63, subpart A, as well as for the specific requirements at 40 CFR part 63, subparts GGGGG. This includes submitting initial notification reports, performance tests and periodic reports and results, and maintaining records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These reports are used by EPA to determine compliance with the standards.

    Form Numbers: None.

    Respondents/affected entities: Facilities with site remediation activities.

    Respondent's obligation to respond: Mandatory (40 CFR part 63, subpart GGGGG).

    Estimated number of respondents: 286 (total).

    Frequency of response: Initially and semiannually.

    Total estimated burden: 140,000 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $13,900,000 (per year), which includes $582,000 in annualized capital/startup and/or operation & maintenance costs.

    Changes in the Estimates: There is an adjustment decrease in the total respondent burden hours as currently identified in the OMB Inventory of Approved Burdens. This decrease is not due to any program changes. The decrease in labor hours occurred because this ICR corrects a mathematical error in calculating managerial hours. The previous ICR inadvertently calculated managerial labor hours as 50% of technical labor hours, rather than 5%, for Federal Government respondents.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2016-20596 Filed 8-26-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2012-0681; FRL-9950-67-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Commercial and Industrial Solid Waste Incineration Units (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “NSPS for Commercial and Industrial Solid Waste Incineration Units (40 CFR part 60, subpart CCCC) (Renewal)” (EPA ICR No. 1926.07, OMB Control No 2060-0450), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through August 31, 2016. Public comments were requested previously via the Federal Register (80 FR 32116) on June 5, 2015, during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before September 28, 2016.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2012-0681, to: (1) EPA online using www.regulations.gov (our preferred method), or by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information for which disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is (202) 566-1744. For additional information about EPA's public docket, visit: http://www.epa.gov/dockets.

    Abstract: Owners and operators of affected facilities are required to comply with reporting and record keeping requirements for the General Provisions (40 CFR part 60, subpart A), as well as for the specific requirements at 40 CFR part 60, subparts CCCC. This includes submitting initial notification reports, performance tests and periodic reports and results, and maintaining records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These reports are used by EPA to determine compliance with these standards.

    Form Numbers: None.

    Respondents/affected entities: Commercial and industrial solid waste incineration units.

    Respondent's obligation to respond: Mandatory (40 CFR part 60, subpart CCCC).

    Estimated number of respondents: 30 (total).

    Frequency of response: Initially, occasionally, semiannually and annually.

    Total estimated burden: 6,520 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $1,080,000 (per year), which includes $406,000 in either annualized capital/startup or operation & maintenance costs.

    Changes in the Estimates: There is an adjustment increase in the total estimated burden hours and cost as currently identified in the OMB Inventory of Approved Burdens. This increase is not due to any program changes. The change in the burden and cost estimates occurred because of a change in assumption. This ICR assumes all existing respondents will have to re-familiarize themselves with the regulatory requirements each year.

    There is an adjustment increase in the total estimated capital and O&M costs as currently identified in the OMB Inventory of Approved Burdens. This increase is not due to any program changes. The change in capital and O&M costs occurred because this ICR uses updated labor rates for contractor labor related to capital and O&M costs.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2016-20593 Filed 8-26-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2012-0697; FRL-9949-50-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Iron and Steel Foundries (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “NESHAP for Iron and Steel Foundries (40 CFR part 63, subpart EEEEE) (Renewal)” (EPA ICR No. 2096.06, OMB Control No. 2060-0543), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through August 31, 2016. Public comments were previously requested via the Federal Register (80 FR 32116) on June 5, 2015 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before September 28, 2016.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2012-0697, to: (1) EPA online using www.regulations.gov (our preferred method), or by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information for which disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov, or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is (202) 566-1744. For additional information about EPA's public docket, visit: http://www.epa.gov/dockets.

    Abstract: Owners and operators of affected facilities are required to comply with reporting and record keeping requirements for the General Provisions (40 CFR part 63, subpart A), as well as for the specific requirements at 40 CFR part 63, subpart EEEEE. This includes submitting initial notification reports, performance tests and periodic reports and results, and maintaining records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These reports are used by EPA to determine compliance with the standards.

    Form Numbers: None.

    Respondents/affected entities: Iron and steel foundries.

    Respondent's obligation to respond: Mandatory (40 CFR part 63, subpart EEEEE).

    Estimated number of respondents: 98 (total).

    Frequency of response: Initially, occasionally and semiannually.

    Total estimated burden: 30,000 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $3,490,000 (per year), which includes $400,000 in either annualized capital/startup or operation & maintenance costs.

    Changes in the Estimates: There is an adjustment increase in the total estimated burden and cost as currently identified in the OMB Inventory of Approved Burdens. This increase is not due to any program changes. The change in the burden and cost estimates occurred because this ICR assumes that all existing respondents will have to familiarize with regulatory requirements each year.

    There is a small adjustment decrease of $60 in the total capital and O&M cost as currently identified in the OMB Inventory of Approved Burdens. This decrease is not due to any program changes. The change in estimates occurred because this ICR rounds totals to three significant figures.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2016-20607 Filed 8-26-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2016-0047; FRL-9948-77-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; School Integrated Pest Management Awards Program AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act: “School Integrated Pest Management Awards Program” (EPA ICR No. 2531.01, OMB Control No. 2070-NEW). This is a request for approval of a new collection. EPA did not receive any comments in response to the previously provided public review opportunity issued in the Federal Register of March 21, 2016 (81 FR 15107). With this submission, EPA is providing an additional 30 days for public review.

    DATES:

    Comments must be received on or before September 19, 2016.

    ADDRESSES:

    Submit your comments, identified by Docket ID Number EPA-HQ-OPP-2016-0047, to both EPA and OMB as follows:

    To EPA online using http://www.regulations.gov (our preferred method) or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and

    To OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information for which disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Lily G. Negash, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (703) 347-8515; email address: [email protected] @epa.gov.

    SUPPLEMENTARY INFORMATION:

    Docket: Supporting documents, including the ICR that explains in detail the information collection activities and the related burden and cost estimates that are summarized in this document, are available in the docket for this ICR. The docket can be viewed online at http://www.regulations.gov or in person at the EPA Docket Center, William Jefferson Clinton Bldg. West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is (202) 566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    ICR status: This is a new ICR. Under PRA, 44 U.S.C. 3501 et seq., an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR part 9.

    Abstract: This new ICR will cover the paperwork activities associated with EPA's program to encourage the use of Integrated Pest Management (IPM) as the preferred approach to pest control in the nation's schools. IPM is a smart, sensible, and sustainable approach to pest control that emphasizes the remediation of pest conducive conditions. IPM combines a variety of pest management practices to provide effective, economical pest control with the least possible hazard to people, property, and the environment. These practices involve exclusion of pests, maintenance of sanitation, and the judicious use of pesticides. The EPA's statutory authorities for this collection of information are set forth in the Pollution Prevention Act of 1990, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Food Quality Protection Act (FQPA) of 1996.

    The Agency's IPM implementation efforts are based on a wholesale approach aimed at kindergarten through 12th grade public and Tribal schools. The Agency intends to use the information collected through this ICR to encourage school districts to implement IPM programs and to recognize those that have attained a notable level of success. Because IPM implementation occurs along a continuum, the School IPM (SIPM) incentive program will recognize each milestone step a school district must take to begin, grow, and sustain an IPM program.

    This program has five awards categories—Great Start, Leadership, Excellence, Sustained Excellence, and Connector or National Change Agency Award. The first four categories are stepwise levels that are reflective of the effort, experience, and, ultimately, success that results from implementing EPA-recommended IPM tactics that protect human health and the environment. Schools with pest infestations are not only exposed to potential harm to health and property, but also to stigmatization. The School IPM recognition program will give districts across the nation the opportunity to receive positive reinforcement through public recognition of their efforts in implementing pest prevention and management strategies.

    Form Names/numbers: Great Start Award; Leadership Award; Excellence Award; Connector or National Change Agency Award.

    Respondents/affected entities: Entities potentially affected by this ICR are school districts, or other entities represent by them.

    Respondent's obligation to respond: Voluntary, required to obtain or retain a benefit.

    Estimated number of respondents: Annual average of 53 (total).

    Frequency of response: On occasion.

    Total estimated burden: 859 hours (per year). Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $72,000 (per year), includes $0 annualized capital or operation and maintenance costs.

    Changes in the Estimates: This is a new ICR.

    Authority:

    44 U.S.C. 3501 et seq.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2016-20616 Filed 8-26-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2012-0646; FRL-9948-33-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NSPS for Incinerators (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “NSPS for Incinerators (40 CFR part 60, subpart E) (Renewal)” (EPA ICR No. 1058.12, OMB Control No. 2060-0040), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through August 31, 2016. Public comments were previously requested via the Federal Register (80 FR 32116) on June 5, 2015, during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before September 28, 2016.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2012-0646 to: (1) EPA online using www.regulations.gov (our preferred method), or by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change, including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information for which disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is (202) 566-1744. For additional information about EPA's public docket, visit: http://www.epa.gov/dockets.

    Abstract: Owners and operators of affected facilities are required to comply with reporting and record keeping requirements for the General Provisions (40 CFR part 60, subpart A), as well as for the specific requirements at 40 CFR part 60, subpart E. This includes submitting initial notification reports, performance tests and periodic reports and results, and maintaining records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These reports are used by EPA to determine compliance with these standards.

    Form Numbers: None.

    Respondents/affected entities: Incinerators constructed or modified after August 17, 1971.

    Respondent's obligation to respond: Mandatory (40 CFR part 60, subpart E).

    Estimated number of respondents: 82 (total).

    Frequency of response: Initially and occasionally.

    Total estimated burden: 8,490 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $717,000 (per year), which includes $205,000 in either annualized capital/startup or operation & maintenance costs.

    Changes in the Estimates: There is an adjustment increase in the total estimated labor hours. This increase is not due to any program changes. The change occurred due to this ICR assuming all existing respondents must re-familiarize themselves with the regulatory requirements each year.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2016-20600 Filed 8-26-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2012-0685; FRL-9950-68-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Emission Guidelines for Commercial and Industrial Solid Waste Incineration Units (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “Emission Guidelines for Commercial and Industrial Solid Waste Incineration Units (40 CFR part 60, subpart DDDD) (Renewal)” (EPA ICR No. 1927.07, OMB Control No. 2060-0451), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through August 31, 2016. Public comments were previously requested via the Federal Register (80 FR 32116) on June 5, 2015 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before September 28, 2016.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2012-0685, to: (1) EPA online using www.regulations.gov (our preferred method), or by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information for which disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is (202) 566-1744. For additional information about EPA's public docket, visit: http://www.epa.gov/dockets.

    Abstract: Owners and operators of affected facilities are required to comply with reporting and record keeping requirements for the General Provisions (40 CFR part 60, subpart A), as well as the specific requirements at 40 CFR part 60, subparts DDDD. This includes submitting initial notifications, performance tests and periodic reports and results, and maintaining records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These reports are used by EPA to determine compliance with the standards.

    Form Numbers: None.

    Respondents/affected entities: Commercial and industrial solid waste incineration units.

    Respondent's obligation to respond: Mandatory (40 CFR part 60, subpart DDDD).

    Estimated number of respondents: 90 (total).

    Frequency of response: Initially, occasionally and annually.

    Total estimated burden: 19,700 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $3,250,000 (per year), which includes $1,220,000 in either annualized capital/startup and/or operation & maintenance costs.

    Changes in the Estimates: There is an adjustment increase in the total estimated burden hours and cost as currently identified in the OMB Inventory of Approved Burdens. This increase is not due to any program changes. The change in the burden and cost estimates occurred because of a change in assumption. This ICR assumes that all existing respondents will have to re-familiarize themselves with the regulatory requirements each year.

    There is an adjustment increase in the total estimated capital and O&M costs as currently identified in the OMB Inventory of Approved Burdens. This increase is not due to any program changes. The change in capital and O&M costs occurred because this ICR uses updated labor rates for contractor labor related to capital and O&M costs.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2016-20594 Filed 8-26-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OECA-2012-0686; FRL-9951-10-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Organic Liquids Distribution (Non-Gasoline) Facilities (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “NESHAP for Organic Liquids Distribution (Non-Gasoline) Facilities (40 CFR part 63, subpart EEEE) (Renewal)” (EPA ICR No. 1963.06, OMB Control No. 2060-0539), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through August 31, 2016. Public comments were previously requested via the Federal Register (80 FR 32116) on June 5, 2015 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may neither conduct nor sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before September 28, 2016.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OECA-2012-0686, to: (1) EPA online using www.regulations.gov (our preferred method), or by email to [email protected], or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460; and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information for which disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Yellin, Monitoring, Assistance, and Media Programs Division, Office of Compliance, Mail Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 564-2970; fax number: (202) 564-0050; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is (202) 566-1744. For additional information about EPA's public docket, visit: http://www.epa.gov/dockets.

    Abstract: Owners and operators of affected facilities are required to comply with reporting and record keeping requirements for the General Provisions (40 CFR part 63, subpart A), as well as for the specific requirements at 40 CFR part 63, subpart EEEE. This includes submitting initial notification reports, performance tests and periodic reports and results, and maintaining records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These reports are used by EPA to determine compliance with the standards.

    Form Numbers: None.

    Respondents/affected entities: Organic liquids (non-gasoline) distribution facilities.

    Respondent's obligation to respond: Mandatory (40 CFR part 63, subpart EEEE).

    Estimated number of respondents: 381 (total).

    Frequency of response: Initially and semiannually.

    Total estimated burden: 115,000 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $20,500,000 (per year), which includes $8,560,000 for both annualized capital/startup and operation & maintenance costs.

    Changes in the Estimates: There is an adjustment increase in the total estimated burden as currently identified in the OMB Inventory of Approved Burdens. This increase is not due to any program changes. The change in the burden and cost estimates occurred because this ICR assumes all respondents must familiarize themselves with the regulatory requirements each year.

    There is a small adjustment increase in the total estimated capital and O&M costs as currently identified in the OMB Inventory of Approved Burdens. This increase is not due to any program changes. The change in capital and O&M cost estimates occurred because this ICR rounds to three significant figures.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2016-20595 Filed 8-26-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2013-0118; FRL-9949-96-OEI] Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Control of Evaporative Emissions From New and In-Use Portable Gasoline Containers (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency has submitted an information collection request (ICR), “Control of Evaporative Emissions from New and In-Use Portable Gasoline Containers (Renewal),” (EPA ICR No. 2213.05, OMB Control No. 2060-0597) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of the ICR, which is currently approved through August 31, 2016. Public comments were previously requested via the Federal Register (81 FR 23293) on April 20, 2016 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Additional comments may be submitted on or before September 28, 2016.

    ADDRESSES:

    Submit your comments, referencing Docket ID Number EPA-HQ-OAR-2013-0118, to (1) EPA online using www.regulations.gov (our preferred method), or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Julia Giuliano, Compliance Division, Office of Transportation and Air Quality, U.S. Environmental Protection Agency, 2000 Traverwood, Ann Arbor, Michigan 48105; telephone number: 734-214-4865; fax number 734-214-4869; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    Abstract: EPA is required under section 183(e) of the Clean Air Act to regulate Volatile Organic Compound (VOC) emissions from the use of consumer and commercial products. Under regulations promulgated on February 26, 2007 (72 FR 8428) manufacturers of new portable gasoline containers are required to obtain certificates of conformity with the Clean Air Act, effective January 1, 2009. This ICR covers the burdens associated with this certification process. EPA reviews information submitted in the application for certification to determine if the container design conforms to applicable requirements and to verify that the required testing has been performed. The certificate holder is required to keep records on the testing and collect and keep warranty and defect information for annual reporting on in-use performance of their products. The respondent must also retain records on the units produced, apply serial numbers to individual containers, and track the serial numbers to their certificates of conformity. Any information submitted for which a claim of confidentiality is made is safeguarded according to EPA regulations at 40 CFR 2.201 et seq.

    Form Numbers: None.

    Respondents/affected entities: Manufacturers of new portable gasoline containers from 0.25 to 10.0 gallons in capacity.

    Respondent's obligation to respond: Mandatory 40 CFR part 59, subpart F.

    Estimated number of respondents: 8 (total).

    Frequency of response: Yearly for warranty reports; at least once every five years for certificate renewals.

    Total estimated burden: 250 hours (per year). Burden is defined at 5 CFR 1320.3(b)

    Total estimated cost: $32,419.45 (per year), includes $20,452 annualized capital or operation & maintenance costs.

    Changes in Estimates: There is an increase of 71 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This increase of the estimated burden and cost estimates is due to a change in the estimated cost of labor and additional testing requirements for new portable fuel container families to comply with the requirements for evaporative testing promulgated in 40 CFR part 59.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2016-20617 Filed 8-26-16; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2015-0713; FRL-9948-78-OEI] Agency Information Collection Activities; Submitted to OMB for Review and Approval; Comment Request; Submission of Protocols and Study Reports for Environmental Research Involving Human Subjects AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA): “Submission of Protocols and Study Reports for Environmental Research Involving Human Subjects” (EPA ICR No. 2195.05, OMB Control No. 2070-0169). This is a request to renew the approval of an existing ICR, which is currently approved through August 31, 2016. EPA did not receive any comments in response to the previously provided public review opportunity issued in the Federal Register of December 24, 2015 (80 FR 80360). With this submission, EPA is providing an additional 30 days for public review.

    DATES:

    Comments must be received on or before September 28, 2016.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2015-0713, to both EPA and OMB as follows:

    • To EPA online using http://www.regulations.gov (our preferred method) or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.

    • To OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the docket without change, including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information for which disclosure is restricted by statute. Do not submit electronically any information you consider to be CBI or other information for which disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Ramé Cromwell, Field and External Affairs Division (7605P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 308-9068; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Docket: Supporting documents, including the ICR that explains in detail the information collection activities and the related burden and cost estimates that are summarized in this document, are available in the docket for this ICR. The docket can be viewed online at http://www.regulations.gov or in person at the EPA Docket Center, West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is (202) 566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    ICR status: This ICR is currently scheduled to expire on August 31, 2016. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB.

    Under the PRA, 44 U.S.C. 3501 et seq., an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR part 9.

    Abstract: EPA is responsible for the regulation of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA). As revised in 2006 and 2013, EPA regulations at 40 CFR part 26 protect the subjects of “third-party” human research (i.e., research that is not conducted or supported by EPA). In addition to other protections, the regulations require affected entities to submit information to EPA and an institutional review board (IRB) prior to initiating, and to EPA upon the completion of, certain studies that involve human research participants. The information collection activity consists of activity-driven reporting and recordkeeping requirements for those who intend to conduct research for submission to EPA under the pesticide laws. If such research involves intentional dosing of human subjects, these individuals (respondents) are required to submit study protocols to EPA and a cognizant local Human Subjects IRB before such research is initiated so that the scientific design and ethical standards that will be employed during the proposed study may be reviewed and approved. Also, respondents are required to submit information about the ethical conduct of completed research that involved human subjects when such research is submitted to EPA.

    Respondents/Affected Entities: Entities potentially affected by this ICR are any entities that submits protocols and study reports for environmental research involving human subjects under FIFRA and/or FFDCA.

    Respondent's obligation to respond: Mandatory (40 CFR part 26).

    Estimated total number of potential respondents: 7 annually for research involving intentional exposure of human subjects and 10 annually for all other submitted research with human subjects.

    Frequency of response: On occasion.

    Estimated total burden: 10,242 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Estimated total costs: $ 923,121 (per year), includes $0 annualized capital investment or maintenance and operational costs.

    Changes in the estimates: There is a decrease of 4,711 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This decrease is due to a reduction in the preparation of protocols and studies. This change is an adjustment.

    Authority:

    44 U.S.C. 3501 et seq.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2016-20605 Filed 8-26-16; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION Public Safety and Homeland Security Bureau; Federal Advisory Committee Act; Task Force on Optimal Public Safety Answering Point Architecture AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act (FACA), this notice advises interested persons that the Federal Communications Commission's (FCC) Task Force on Optimal Public Safety Answering Point (PSAP) Architecture (Task Force) will hold its eighth meeting.

    DATES:

    September 23, 2016.

    ADDRESSES:

    Federal Communications Commission, Room TW-C305 (Commission Meeting Room), 445 12th Street SW., Washington, DC 20554.

    FOR FURTHER INFORMATION CONTACT:

    Timothy May, Federal Communications Commission, Public Safety and Homeland Security Bureau, 202-418-1463, email: [email protected].

    SUPPLEMENTARY INFORMATION:

    The meeting will be held on September 23, 2016, from 1:00 p.m. to 4:00 p.m. in the Commission Meeting Room of the FCC, Room TW-305, 445 12th Street SW., Washington, DC 20554. The Task Force is a Federal Advisory Committee that studies and reports findings and recommendations on PSAP structure, architecture, operations, and funding to promote greater efficiency of PSAP operations, security, and cost containment during the deployment of Next Generation 911 systems. On December 2, 2014, pursuant to the FACA, the Commission established the Task Force charter for a period of two years, through December 2, 2016. At this meeting, the Task Force will hear updates on 2016 tasks from the Task Force's three working groups: Working Group 1—Optimal Approach to Cybersecurity; Working Group 2—Optimal Approach to NG911 Architecture Implementation; and Working 3—Optimal Approach to NG911 Resource Allocation.

    Members of the general public may attend the meeting. 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 https://www.fcc.gov/general/live.

    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 at (202) 418-0432 (TTY). Such requests should include a detailed description of the accommodation requested. In addition, please include a way the FCC may 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. 2016-20651 Filed 8-26-16; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Update to Notice of Financial Institutions for Which the Federal Deposit Insurance Corporation Has Been Appointed Either Receiver, Liquidator, or Manager AGENCY:

    Federal Deposit Insurance Corporation.

    ACTION:

    Update listing of financial institutions in liquidation.

    SUMMARY:

    Notice is hereby given that the Federal Deposit Insurance Corporation (Corporation) has been appointed the sole receiver for the following financial institutions effective as of the Date Closed as indicated in the listing. This list (as updated from time to time in the Federal Register) may be relied upon as “of record” notice that the Corporation has been appointed receiver for purposes of the statement of policy published in the July 2, 1992 issue of the Federal Register (57 FR 29491). For further information concerning the identification of any institutions which have been placed in liquidation, please visit the Corporation Web site at www.fdic.gov/bank/individual/failed/banklist.html or contact the Manager of Receivership Oversight in the appropriate service center.

    Dated: August 22, 2016.

    Federal Deposit Insurance Corporation.

    Pamela Johnson, Regulatory Editing Specialist.
    Institutions in Liquidation [In alphabetical order] FDIC Ref. No. Bank name City State Date closed 10521 The Woodbury Banking Company Woodbury GA 8/19/2016
    [FR Doc. 2016-20666 Filed 8-26-16; 8:45 am] BILLING CODE 6714-01-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 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. Gaylon M. Lawrence, Jr., Memphis, Tennessee, to retain shares of First Malden Bancshares, Inc., Malden, Missouri, and thereby indirectly retain control of First Missouri Bank of SEMO, Kennett, Missouri.

    2. Gaylon M. Lawrence, Jr., Memphis, Tennessee, to retain shares of FMS Bancorp, Inc., Poplar Bluff, Missouri, and thereby indirectly retain shares of First Missouri State Bank, Poplar Bluff, Missouri and First Missouri State Bank of Cape County, Cape Girardeau, Missouri.

    B. Federal Reserve Bank of Dallas (Robert L. Triplett III, Senior Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272:

    1. Alex Dan Knox, individually and single member of Danox, LLC, which is the general partner of Lavanco Energy, LTD and ZSS Knox, LTD, all located in San Angelo, Texas; and collectively, a group acting in concert, to acquire shares of Sundown Bankshares, Inc., and therefore, indirectly acquire, Sundown State Bank, all in Sundown, Texas.

    Board of Governors of the Federal Reserve System, August 24, 2016. Michele T. Fennell, Assistant Secretary of the Board.
    [FR Doc. 2016-20652 Filed 8-26-16; 8:45 am] BILLING CODE 6210-01-P
    DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0173; Docket 2016-0053; Sequence 28] Submission for OMB Review; Limitations on Pass-Through Charges AGENCY:

    Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

    ACTION:

    Notice of request for public comments regarding an extension to an existing OMB clearance.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division will be submitting to the Office of Management and Budget (OMB) a request to review and approve a previously approved information collection requirement regarding Limitations on Pass-Through Charges. A notice was published in the Federal Register at 81 FR 33674 on May 27, 2016. No comments were received.

    DATES:

    Submit comments on or before September 28, 2016.

    ADDRESSES:

    Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for GSA, Room 10236, NEOB, Washington, DC 20503. Additionally submit a copy to GSA by any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number. Select the link “Submit a Comment” that corresponds with “Information Collection 9000-0173, Limitations on Pass-Through Charges”. Follow the instructions provided at the “Submit a Comment” screen. Please include your name, company name (if any), and “Information Collection 9000-0173, Limitations on Pass-Through Charges” on your attached document.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Flowers/IC 9000-0173, Limitations on Pass-Through Charges.

    Instructions: Please submit comments only and cite Information Collection 9000-0173, Limitations on Pass-Through Charges, in all correspondence related to this collection. Comments received generally will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail).

    FOR FURTHER INFORMATION CONTACT:

    Mr. Michael O. Jackson, Procurement Analyst, Office of Acquisition Policy, at telephone 202-208-4949 or via email to [email protected]

    SUPPLEMENTARY INFORMATION: A. Purpose

    To enable contracting officers to verify that pass-through charges are not excessive, the provision at 52.215-22 requires offerors submitting a proposal for a contract, task order, or delivery order to provide the following information with its proposal: (1) The percent of effort the offeror intends to perform and the percent expected to be performed by each subcontractor. (2) If the offeror intends to subcontract more than 70 percent of the total cost of work to be performed—(i) The amount of the offeror's indirect costs and profit/fee applicable to the work to be performed by the subcontractor(s); and (ii) A description of the value added by the offeror as related to the work to be performed by the subcontractor(s). (3) If any subcontractor intends to subcontract to a lower-tier subcontractor more than 70 percent of the total cost of work to be performed under its subcontract— (i) The amount of the subcontractor's indirect costs and profit/fee applicable to the work to be performed by the lower-tier subcontractor(s); and (ii) A description of the value added by the subcontractor as related to the work to be performed by the lower-tier subcontractor(s).

    B. Annual Reporting Burden

    Respondents: 4,638.

    Responses per Respondent: 8.7.

    Total Responses: 40,347.

    Hours per Response: 2.

    Total Burden Hours: 80,694.

    Frequency of Collection: On Occasion.

    Affected Public: Businesses or other for-profit and not-for-profit institutions.

    C. Public Comments

    Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

    OBTAINING COPIES OF PROPOSALS: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405, telephone 202-501-4755. Please cite OMB Control No. 9000-0173, Limitations on Pass-Through Charges, in all correspondence. Dated: August 24, 2016. Lorin S. Curit, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy.
    [FR Doc. 2016-20586 Filed 8-26-16; 8:45 am] BILLING CODE 6820-EP-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Meeting of the Community Preventive Services Task Force (Task Force) AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice of meeting.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC) announces the next meeting of the Community Preventive Services Task Force (Task Force). The Task Force is an independent, nonpartisan, nonfederal, and unpaid panel. Its members represent a broad range of research, practice, and policy expertise in prevention, wellness, health promotion, and public health, and are appointed by the CDC Director. The Task Force was convened in 1996 by the Department of Health and Human Services (HHS) to identify community preventive programs, services, and policies that increase healthy longevity, save lives and dollars and improve Americans' quality of life. CDC is mandated to provide ongoing administrative, research, and technical support for the operations of the Task Force. During its meetings, the Task Force considers the findings of systematic reviews on existing research and issues recommendations. Task Force recommendations are not mandates for compliance or spending. Instead, they provide information about evidence-based options that decision makers and stakeholders can consider when determining what best meets the specific needs, preferences, available resources, and constraints of their jurisdictions and constituents. The Task Force's recommendations, along with the systematic reviews of the scientific evidence on which they are based, are compiled in the Guide to Community Preventive Services (Community Guide).

    DATED:

    The meeting will be held on Wednesday, October 26, 2016 from 8:30 a.m. to 6:00 p.m. EDT and Thursday, October 27, 2016 from 8:30 a.m. to 1:00 p.m. EDT.

    ADDRESSES:

    The Task Force Meeting will be held at CDC Edward R. Roybal Campus, Tom Harkin Global Communications Center (Building 19), 1600 Clifton Road NE., Atlanta, GA 30329. You should be aware that the meeting location is in a Federal government building; therefore, Federal security measures are applicable. For additional information, please see Roybal Campus Security Guidelines under SUPPLEMENTARY INFORMATION. Information regarding meeting logistics will be available on the Community Guide Web site (www.thecommunityguide.org).

    Meeting Accessability: This meeting is open to the public, limited only by space availability. All meeting attendees must RSVP to ensure the required security procedures are completed to gain access to the CDC's Global Communications Center.

    U.S. citizens must RSVP by 10/24/2016.

    Non U.S. citizens must RSVP by 09/23/2016 due to additional security steps that must be completed. Failure to RSVP by the dates identified could result in the inability to attend the Task Force meeting due to the strict security regulations on federal facilities.

    Meeting Accessibility: This meeting is available to the public via Webcast. The Webcast URL will be sent to you upon receipt of your RSVP. All meeting attendees must RSVP to receive the webcast information which will be emailed to you upon receipt of registration to the [email protected] mailbox.

    For Further Information and to RSVP Contact: Onslow Smith, The Community Guide Branch; Division of Public Health Information Dissemination; Center for Surveillance, Epidemiology and Laboratory Services; Office of Public Health Scientific Services; Centers for Disease Control and Prevention, 1600 Clifton Road, MS-E-69, Atlanta, GA 30333, phone: (404)498-6778, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Purpose: The purpose of the meeting is for the Task Force to consider the findings of systematic reviews and issue findings and recommendations. Task Force recommendations provide information about evidence-based options that decision makers and stakeholders can consider when determining what best meets the specific needs, preferences, available resources, and constraints of their jurisdictions and constituents.

    Matters to be discussed: cardiovascular disease prevention and control, diabetes prevention and control, health equity, and obesity prevention and control.

    Roybal Campus Security Guidelines: The Edward R. Roybal Campus is the headquarters of the U.S. Centers for Disease Control and Prevention and is located at 1600 Clifton Road NE., Atlanta, Georgia. The meeting is being held in a Federal government building; therefore, Federal security measures are applicable.

    All meeting attendees must RSVP by the dates outlined under Meeting Accessability. In planning your arrival time, please take into account the need to park and clear security. All visitors must enter the Edward R. Roybal Campus through the front entrance on Clifton Road. Your car may be searched, and the guard force will then direct visitors to the designated parking area. Upon arrival at the facility, visitors must present government issued photo identification (e.g., a valid federal identification badge, state driver's license, state non-driver's identification card, or passport). Non-United States citizens must complete the required security paperwork prior to the meeting date and must present a valid passport, visa, Permanent Resident Card, or other type of work authorization document upon arrival at the facility. All persons entering the building must pass through a metal detector. Visitors will be issued a visitor's ID badge at the entrance to Building 19 and may be escorted to the meeting room. All items brought to HHS/CDC are subject to inspection.

    Dated: August 24, 2016. Sandra Cashman, Executive Secretary, Centers for Disease Control and Prevention.
    [FR Doc. 2016-20709 Filed 8-26-16; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Proposed Information Collection Activity; Comment Request Proposed Projects

    Title: ACF Program Instruction: Children's Justice Act.

    OMB No.: 0970-0425.

    Description: The Program Instruction, prepared in response to the enactment of the Childrens Justice Act (CJA), Title II of Public Law 111-320, Child Abuse Prevention and Treatment Act Reauthorization of 2010, provides direction to the States and Territories to accomplish the purposes of assisting States in developing, establishing and operating programs designed to improve: (1) The assessment and investigation of suspected child abuse and neglect cases, including cases of suspected child sexual abuse and exploitation, in a manner that limits additional trauma to the child and the child's family; (2) the assessment and investigation of cases of suspected child abuse-related fatalities and suspected child neglect-related fatalities; (3) the investigation and prosecution of cases of child abuse and neglect, including child sexual abuse and exploitation; and (4) the assessment and investigation of cases involving children with disabilities or serious health-related problems who are suspected victims of child abuse or neglect. This Program Instruction contains information collection requirements that are found in Public Law 111-320 at Sections 107(b) and 107(d), and pursuant to receiving a grant award. The information being collected is required by statute to be submitted pursuant to receiving a grant award. The information submitted will be used by the agency to ensure compliance with the statute; to monitor, evaluate and measure grantee achievements in addressing the investigation and prosecution of child abuse and neglect; and to report to Congress.

    Respondents: State Governments.

    Annual Burden Estimates Instrument Number of
  • respondents
  • Number of
  • responses per respondent
  • Average
  • burden hours per response
  • Total burden hours
    Application & Annual Report 52 1 60 3,120

    Estimated Total Annual Burden Hours: 3,120.

    In compliance with the requirements of Section 506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration for Children and Families is soliciting public comment on the specific aspects of the information collection described above. Copies of the proposed collection of information can be obtained and comments may be forwarded by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 370 L'Enfant Promenade SW., Washington, DC 20447, Attn: ACF Reports Clearance Officer. Email address: [email protected] All requests should be identified by the title of the information collection.

    The Department specifically requests comments on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted within 60 days of this publication.

    Robert Sargis, Reports Clearance Officer.
    [FR Doc. 2016-20610 Filed 8-26-16; 8:45 am] BILLING CODE 4184-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration Agency Information Collection Activities: Proposed Collection: Public Comment Request; the National Health Service Corps Loan Repayment Program AGENCY:

    Health Resources and Services Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the requirement for opportunity for public comment on proposed data collection projects (Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995), the Health Resources and Services Administration (HRSA) announces plans to submit an Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). Prior to submitting the ICR to OMB, HRSA seeks comments from the public regarding the burden estimate, below, or any other aspect of the ICR.

    DATES:

    Comments on this ICR must be received no later than October 28, 2016.

    ADDRESSES:

    Submit your comments to [email protected] or mail the HRSA Information Collection Clearance Officer, 5600 Fishers Lane, Room 14N-39, Rockville, MD 20857.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on the proposed project or to obtain a copy of the data collection plans and draft instruments, email [email protected] or call the HRSA Information Collection Clearance Officer at (301) 443-1984.

    SUPPLEMENTARY INFORMATION:

    When submitting comments or requesting information, please include the ICR title for reference.

    Information Collection Request Title: The National Health Service Corps Loan Repayment Program.

    OMB No.: 0915-0127—Revision.

    Abstract: The National Health Service Corps (NHSC) Loan Repayment Program (LRP) was established to assure an adequate supply of trained primary care health professionals to provide services in the neediest Health Professional Shortage Areas (HPSAs) of the United States. Under this program, the Department of Health and Human Services agrees to repay the qualifying educational loans of selected primary care health professionals. In return, the health professionals agree to serve for a specified period of time in a NHSC-approved site located in a federally-designated HPSA approved by the Secretary for LRP participants. The forms utilized by the LRP include the following: The NHSC LRP Application, the Authorization for Disclosure of Loan Information form, the Privacy Act Release Authorization form, and if applicable, the Verification of Disadvantaged Background form and the Private Practice Option form. The first four of the aforementioned NHSC LRP forms collect information that is needed for selecting participants and repaying qualifying educational loans. The last referenced form, the Private Practice Option Form, is needed to collect information for all participants who have applied for that service option.

    NHSC-approved sites are health care facilities that provide comprehensive outpatient, ambulatory, primary health care services to populations residing in HPSAs. Related in-patient services may be provided by NHSC-approved Critical Access Hospitals (CAHs). In order to become an NHSC-approved site, new sites must submit a Site Application for review and approval. Existing NHSC-approved sites are required to complete a Site Recertification Application in order to maintain their NHSC-approved status. Both the NHSC Site Application and Site Recertification Application request information on the clinical service site, sponsoring agency, recruitment contact, staffing levels, service users, charges for services, employment policies, and fiscal management capabilities. Assistance in completing these applications may be obtained through the appropriate State Primary Care Offices and the NHSC. The information collected on the applications is used for determining the eligibility of sites for the assignment of NHSC health professionals and to verify the need for NHSC clinicians. NHSC service site approval is valid for 3 years. Sites wishing to remain eligible for the assignment of NHSC providers, must submit a Site Recertification Application every 3 years.

    The proposed ICR is a revision to OMB control number 0915-0127 (NHSC LRP) by combining OMB control number 0915-0230 (NHSC Site Application) and adding a new form to the ICR entitled the NHSC Comprehensive Behavioral Health Services Checklist.

    Need and Proposed Use of the Information: The need and purpose of this information collection is to obtain information that is used to assess an LRP applicant's eligibility and qualifications for the LRP and to obtain information for NHSC site applicants. Clinicians interested in participating in the NHSC LRP must submit an application to the NHSC to participate in the program, and health care facilities located in HPSAs must submit an NHSC Site Application and Site Recertification Application to determine the eligibility of sites to participate in the NHSC as an approved service site. The NHSC LRP participant application asks for personal, professional and financial information needed to determine the applicant's eligibility to participate in the NHSC LRP. In addition, applicants must provide information regarding the loans for which repayment is being requested. NHSC policy requires behavioral health providers to practice in a community-based setting that provides access to comprehensive behavioral health services. Accordingly, for those sites seeking to be assigned behavioral health NHSC participants, additional site information collected from an NHSC Comprehensive Behavioral Health Services Checklist will be used. NHSC sites that do not directly offer all required behavioral health services must demonstrate a formal affiliation with a comprehensive, community-based primary behavioral health setting or facility to provide these services.

    Likely Respondents: Likely respondents include the following: Licensed primary care medical, dental, and mental and behavioral health providers who are employed or seeking employment, and are interested in serving underserved populations; health care facilities interested in participating in the NHSC and becoming an NHSC-approved service site; NHSC sites providing behavioral health care services directly, or through a formal affiliation with a comprehensive community-based primary behavioral health setting or facility providing comprehensive behavioral health services.

    Burden Statement: Burden in this context means the time expended by persons to generate, maintain, retain, disclose or provide the information requested. This includes the time needed to review instructions; to develop, acquire, install and utilize technology and systems for the purpose of collecting, validating and verifying information, processing and maintaining information, and disclosing and providing information; to train personnel and to be able to respond to a collection of information; to search data sources; to complete and review the collection of information; and to transmit or otherwise disclose the information. The total annual burden hours estimated for this ICR are summarized in the table below.

    Total Estimated Annualized Burden Hours Form name Number of
  • respondents
  • Number of
  • responses per respondent
  • Total
  • responses
  • Average
  • burden per
  • response
  • (in hours)
  • Total burden hours
    NHSC LRP Application 8,200 1 8,200 1 8,200 Authorization for Disclosure of Loan Information Form 6,500 1 6,500 .10 650 Privacy Act Release Authorization Form 275 1 275 .10 27.5 Verification of Disadvantaged Background Form 600 1 600 .50 300 Private Practice Option Form 300 1 300 .10 30 NHSC Comprehensive Behavioral Health Services Checklist 4,000 1 4,000 .13 520 NHSC Site Application (including recertification) 3,700 1 3,700 .5 1,850 Total 23,575 23,575 11,577.50

    HRSA specifically requests comments on (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.

    Jason E. Bennett, Director, Division of the Executive Secretariat.
    [FR Doc. 2016-20584 Filed 8-26-16; 8:45 am] BILLING CODE 4165-15-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Human Genome Research Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Human Genome Research Institute Special Emphasis Panel; Kids First Conflict Review.

    Date: September 9, 2016.

    Time: 1:00 p.m. to 2:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Embassy Suites at the Chevy Chase Pavilion, 4300 Military Road NW., Washington, DC 20015, (Telephone Conference Call).

    Contact Person: Rudy O. Pozzatti, Ph.D., Scientific Review Officer, Scientific Review Branch, National Human Genome Research Institute, 5635 Fishers Lane, Suite 4076, MSC 9306, Rockville, MD 20852, (301) 402-0838, [email protected]

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.172, Human Genome Research, National Institutes of Health, HHS)
    Dated: August 22, 2016. Sylvia L. Neal, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-20558 Filed 8-26-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; 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: Center for Scientific Review Special Emphasis Panel; PAR Panel: High Throughput Screening.

    Date: September 22, 2016.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hilton Garden Inn Bethesda, 7301 Waverly Street, Bethesda, MD 20814.

    Contact Person: David Filpula, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6181, MSC 7892, Bethesda, MD 20892, 301-435-2902, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Risk, Prevention, and Health Behavior AREA Review.

    Date: September 23, 2016.

    Time: 12:00 p.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: John H. Newman, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3222, MSC 7808, Bethesda, MD 20892, (301) 435-0628, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)
    Dated: August 22, 2016. Sylvia L. Neal, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2016-20556 Filed 8-26-16; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2016-0753] Merchant Mariner Medical Advisory Committee AGENCY:

    Coast Guard, Department of Homeland Security.

    ACTION:

    Notice of Federal Advisory Committee meeting.

    SUMMARY:

    The Merchant Mariner Medical Advisory Committee and its working groups will meet to discuss matters relating to medical certification determinations for issuance of licenses, certificates of registry, merchant mariners' documents, medical standards and guidelines for the physical qualifications of operators of commercial vessels, medical examiner education, and medical research. The meetings will be open to the public.

    DATES:

    The Merchant Mariner Medical Advisory Committee and its working groups are scheduled to meet on Thursday, September 15, 2016 from 8 a.m. to 5:15 p.m. and Friday September 16, 2016, from 8 a.m. to 5:00 p.m. Please note that these meetings may adjourn early if the Committee has completed its business. These meetings will be held as scheduled subject to the finalization of meeting site arrangements. Anyone interested in attending the meeting may want to contact the Coast Guard before making their travel and hotel reservations. Please contact Mr. R. Sam Teague, listed in the FOR FURTHER INFORMATION CONTACT section to confirm that the meeting will be held on these dates or if the meeting has been re-scheduled.

    ADDRESSES:

    The meetings will be held at the St. Louis City Center Hotel, 400 South 14th Street, St. Louis, Missouri 63103 (http://www.stlouiscitycenterhotel.com/). For further information about the meeting facilities, please contact the St. Louis City Center Hotel at (314) 231-5007.

    For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact the Alternate Designated Federal Officer as soon as possible.

    Instructions: To facilitate public participation, we are inviting public comment on the issues to be considered by the Committee as listed in the “Agenda” section below. Written comments for distribution to Committee members must be submitted no later than September 8, 2016, if you want the Committee members to be able to review your comments before the meeting. You must include “Department of Homeland Security” and the docket number USCG-2016-0753. Written comments may be submitted using the Federal eRulemaking Portal: http://www.regulations.gov. For technical difficulties, contact the individual in the FOR FURTHER INFORMATION CONTACT section of this document. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided. You may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005 issue of the Federal Register (70 FR 15086).

    Docket Search: For access to the docket to read documents or comments related to this notice, go to http://www.regulations.gov, type USCG-2016-0753 in the “Search” box, press Enter and then click on the item you wish to view.

    FOR FURTHER INFORMATION CONTACT:

    Mr. R. Sam Teague, Alternate Designated Federal Officer for the Merchant Mariner Medical Advisory Committee, 2703 Martin Luther King Jr. Ave. SE., Stop (7509), Washington, District of Columbia 20593-7509, telephone 202-372-1425, fax 202-372-8382 or [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice of this meeting is in compliance with the Federal Advisory Committee Act, Title 5 United States Code Appendix. The Merchant Mariner Medical Advisory Committee Meeting is authorized by 46 United States Code 7115, as amended by section 210 of the Coast Guard Authorization Act of 2010 (Pub. L. 111-281), and advises the Secretary on matters related to (a) medical certification determinations for issuance of licenses, certificates of registry, and merchant mariners' documents; (b) medical standards and guidelines for the physical qualifications of operators of commercial vessels; (c) medical examiner education; and (d) medical research.

    Agenda Day 1

    The agenda for the September 15, 2016 meeting is as follows:

    (1) Opening remarks from the Designated Federal Officer.

    (2) Opening remarks from Coast Guard leadership.

    (3) Roll call of Committee members and determination of a quorum.

    (4) Swearing in of new Committee members.

    (5) Introduction of new task(s) found in paragraph 7 below.

    (6) Public comment period.

    (7) Working Groups addressing the following task statements may meet to deliberate—

    (a) Task statement 21, requesting recommendations on chiropractors conducting mariner medical exams.

    (b) Task statement 22, requesting recommendations on mariner medical examinations of mariners prescribed the use of Marijuana.

    (c) Task statement 23, requesting merchant mariner educational material on over the counter medications and stimulants.

    (d) Task statement 24, requesting recommendations on appropriate diets and wellness for mariners while onboard merchant vessels.

    (e) The Committee may receive new task statements from the Coast Guard, review the information presented on each issue, deliberate and formulate recommendations for the Department's consideration.

    (8) Adjournment of meeting.

    Day 2

    The agenda for the September 16, 2016, meeting is as follows:

    (1) National Maritime Center Brief.

    (2) Marine casualty data analysis presentation.

    (3) Continue work on task statements.

    (4) Public comment period.

    (5) By mid-afternoon, the Working Groups will report, and if applicable, make recommendations for the full Committee to consider for presentation to the Coast Guard. The Committee may deliberate and vote on the Working Group's recommendations on this date. The public will have an opportunity to speak after each Working Group's Report before the full Committee takes any action on each report.

    (6) Closing remarks/plans for next meeting.

    (7) Adjournment of Meeting.

    A public comment period will be held on September 15, 2016, from approximately 11:30 a.m.-12:00 p.m. and September 16, 2016, from approximately 2:15 p.m.-2:45 p.m. Speakers are requested to limit their comments to 5 minutes. Please note that the public comment period may end before the time indicated, following the last call for comments. Additionally, public comment will be sought throughout the meeting as specific issues are discussed by the Committee. Contact Mr. R. Sam Teague as indicated in the FOR FURTHER INFORMATION CONTACT section of this document to register as a speaker.

    Dated: August 24, 2016. J.G. Lantz, Director of Commercial Regulations and Standards.
    [FR Doc. 2016-20642 Filed 8-26-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2016-0782] Merchant Marine Personnel Advisory Committee AGENCY:

    Coast Guard, Department of Homeland Security.

    ACTION:

    Notice of Federal Advisory Committee meeting.

    SUMMARY:

    The Merchant Marine Personnel Advisory Committee and its working groups will meet to discuss various issues related to the training and fitness of merchant marine personnel. The meetings will be open to the public.

    DATES:

    The Merchant Marine Personnel Advisory Committee and its working groups are scheduled to meet on Tuesday, September 13, 2016, from 8 a.m. until 5:30 p.m., and the full Committee is scheduled to meet on Wednesday, September 14, 2016, from 8 a.m. until 5:30 p.m. Please note that these meetings may adjourn early if the Committee has completed its business. These meetings will be held as scheduled subject to the finalization of meeting site arrangements. Anyone interested in attending the meeting may want to contact the Coast Guard before making their travel and hotel reservations. Please contact Mr. R. Sam Teague, listed in the FOR FURTHER INFORMATION CONTACT section to confirm that the meeting will be held on these dates or if the meeting has been re-scheduled.

    ADDRESSES:

    The meetings will be held at the St. Louis City Center Hotel, 400 S. 14th St., St. Louis, Missouri, 63103 (http://www.stlouiscitycenterhotel.com/).

    For further information about the meeting facilities, please contact the St. Louis City Center Hotel at (314) 231-5007. For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact the Alternate Designated Federal Officer as soon as possible using the contact information provided in the FOR FURTHER INFORMATION CONTACT section of this notice.

    To facilitate public participation, we are inviting public comment on the issues to be considered by the Committee as listed in the “Agenda” section below. Written comments for distribution to Committee members must be submitted no later than September 5, 2016, if you want Committee members to review your comments before the meeting. Written comments may be submitted using the Federal eRulemaking Portal at http://www.regulations.gov. For assistance with technical difficulties, contact the individual in the FOR FURTHER INFORMATION CONTACT section of this document.

    Instructions: You must include “Department of Homeland Security” and docket number USCG-2016-0782 in all written comments. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided. You may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086).

    Docket Search: For access to the docket to read documents or comments related to this notice, go to http://www.regulations.gov, type USCG-2016-0782 in the “Search” box, press Enter, and then click on the item you wish to view.

    FOR FURTHER INFORMATION CONTACT:

    Mr. R. Sam Teague, Alternate Designated Federal Officer of the Merchant Marine Personnel Advisory Committee, 2703 Martin Luther King Jr. Ave. SE., Stop 7509, Washington, District of Columbia, 20593-7509, telephone 202-372-1425, fax 202-372-8382 or [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice of this meeting is given pursuant to the Federal Advisory Committee Act, Title 5 United States Code Appendix.

    The Merchant Marine Personnel Advisory Committee was established under authority of section 310 of the Howard Coble Coast Guard and Maritime Transportation Act of 2014, Title 46, United States Code, section 8108, and chartered under the provisions of the Federal Advisory Committee Act, (Title 5, United States Code, Appendix). The Committee acts solely in an advisory capacity to the Secretary of the Department of Homeland Security through the Commandant of the Coast Guard on matters relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and fitness standards and other matters as assigned by the Commandant. The Committee shall also review and comment on proposed Coast Guard regulations and policies relating to personnel in the United States merchant marine, including training, qualifications, certification, documentation, and fitness standards; may be given special assignments by the Secretary and may conduct studies, inquiries, workshops, and fact finding in consultation with individuals and groups in the private sector and with State or local governments; and shall advise, consult with, and make recommendations reflecting its independent judgment to the Secretary.

    Agenda DAY 1

    The agenda for the September 13, 2016 meeting is as follows:

    (1) The full Committee will meet briefly to discuss the working groups' business/task statements, which are listed under paragraph 3 (a)-(f) below.

    (2) Public comment period.

    (3) Working groups will separately address the following task statements which are available for viewing at https://homeport.uscg.mil/merpac:

    (a) Task Statement 30, Utilizing military education, training and assessment for the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers and National Certifications;

    (b) Task Statement 58, Communication between external stakeholders and the mariner credentialing program, as it relates to the National Maritime Center;

    (c) Task Statement 87, Review of policy documents providing guidance on the implementation of the December 24, 2013 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers rulemaking;

    (d) Task Statement 89, Review and update of the International Maritime Organization's Maritime Safety Committee Circular MSC.1014, “Guidelines on Fatigue Mitigation and Management”;

    (e) Task Statement 90, Review of International Maritime Organization Model Courses Being Validated by the International Maritime Organization's Human Element, Training, and Watchkeeping Subcommittee; and

    (f) Task Statement 94, Review the Merchant Marine Personnel Advisory Committee recommendations with a view to evaluating their current relevance.

    (4) Reports of working groups. At the end of the day, the working groups will report to the full Committee on what was accomplished in their meetings. The full Committee will not take action on these reports on this date. Any official action taken as a result of these working group meetings will be taken on day 2 of the meeting.

    (5) Public comment period.

    (6) Adjournment of meeting.

    DAY 2

    The agenda for the September 14, 2016, full Committee meeting is as follows:

    (1) Introduction;

    (2) Swear in newly appointed Committee members;

    (3) Remarks from Coast Guard Leadership;

    (4) Designated Federal Officer announcements;

    (5) Roll call of Committee members and determination of a quorum;

    (6) Reports from the following working groups;

    (a) Task Statement 30, Utilizing military education, training and assessment for the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers and National Certifications;

    (b) Task Statement 58, Communication between external stakeholders and the mariner credentialing program, as it relates to the National Maritime Center;

    (c) Task Statement 87, Review of policy documents providing guidance on the implementation of the December 24, 2013 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers rulemaking;

    (d) Task Statement 89, Review and update of International Maritime Organization's Maritime Safety Committee Circular MSC/Circ.1014, “Guidelines on Fatigue Mitigation and Management”;

    (e) Task Statement 90, Review of International Maritime Organization Model Courses Being Validated by the International Maritime Organization's Human Element, Training, and Watchkeeping Subcommittee;

    (f) Task Statement 91, Merchant Mariner Credential Expiration Harmonization; and

    (g) Task Statement 94, Review the Merchant Marine Personnel Advisory Committee recommendations with a view to evaluating their current relevance.

    (6) Other items for discussion:

    (a) Report on the Implementation of the 2010 Amendments to the International Convention on Standards of Training, Certification and Watchkeeping;

    (b) Report on National Maritime Center activities from the National Maritime Center Commanding Officer, such as the net processing time it takes for mariners to receive their credentials after application submittal;

    (c) Report on Mariner Credentialing Program Policy Division activities, such as its current initiatives and projects;

    (d) Report on International Maritime Organization/International Labor Organization issues related to the merchant marine industry; and

    (e) Briefings about on-going Coast Guard projects related to personnel in the U.S. merchant marine.

    (7) New Business:

    (a) New task statement—“Firefighting Training for UTVs on Inland Service;

    (b) New task statement—“Course Approval Requirements”; and

    (c) New task statement—“Designated Examiner, Qualified Assessor and Designated Medical Examiner Verification Tool”.

    (8) Public comment period.

    (9) Discussion of working group recommendations.

    The Committee will review the information presented on each issue, deliberate on any recommendations presented by the working groups and approve/formulate recommendations. Official action on these recommendations may be taken on this date.

    (10) Closing remarks/plans for next meeting.

    (11) Adjournment of meeting.

    A public comment period will be held during each Working Group and full Committee meeting concerning matters being discussed.

    Public comments will be limited to 3 minutes per speaker. Please note that the public comment periods will end following the last call for comments. Please contact Mr. R. Sam Teague, listed in the FOR FURTHER INFORMATION CONTACT section, to register as a speaker.

    Please note that the meeting may adjourn early if the work is completed.

    Dated: 24 August 2016. J. G. Lantz, Director of Commercial Regulations and Standards.
    [FR Doc. 2016-20641 Filed 8-26-16; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and Laboratory AGENCY:

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

    ACTION:

    Notice of accreditation and approval of Inspectorate America Corporation as a commercial gauger and laboratory.

    SUMMARY:

    Notice is hereby given, pursuant to CBP regulations, that Inspectorate America Corporation has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of June 8, 2016.

    DATES:

    Effective Dates: The accreditation and approval of Inspectorate America Corporation as commercial gauger and laboratory became effective on June 8, 2016. The next triennial inspection date will be scheduled for June 2019.

    FOR FURTHER INFORMATION CONTACT:

    Approved Gauger and Accredited Laboratories Manager, Laboratories and Scientific Services Directorate, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW., Suite 1500N, Washington, DC 20229, tel. 202-344-1060.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given pursuant to 19 CFR 151.12 and 19 CFR 151.13, that Inspectorate America Corporation, 4350 Oakes Rd., Suite 521 A, Davie, FL 33314, has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Inspectorate America Corporation is approved for the following gauging procedures for petroleum and certain petroleum products from the American Petroleum Institute (API):

    API
  • Chapters
  • Title
    3 Tank Gauging. 7 Temperature Determination. 8 Sampling. 9 Density Determination. 12 Calculations. 17 Marine Measurement.
    Inspectorate America Corporation is accredited for the following laboratory analysis procedures and methods for petroleum and certain petroleum products set forth by the U.S. Customs and Border Protection Laboratory Methods (CBPL) and American Society for Testing and Materials (ASTM): CBPL No. ASTM Title 27-02 D 1298 Standard Test Method for Density, Relative Density (Specific Gravity), or API Gravity of Crude Petroleum and Liquid Petroleum Products by Hydrometer Method. 27-04 D 95 Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation. 27-06 D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27-08 D 86 Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure. 27-11 D 445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids. 27-13 D 4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-ray Fluorescence Spectrometry. 27-48 D 4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter. 27-57 D 7039 Standard Test Method for Sulfur in Gasoline and Diesel Fuel by Monochromatic Wavelength Dispersive X-Ray Fluorescence Spectrometry. 27-58 D 5191 Standard Test Method For Vapor Pressure of Petroleum Products. Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to [email protected] Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. http://www.cbp.gov/about/labs-scientific/commercial-gaugers-and-laboratories. Dated: August 22, 2016. Ira S. Reese, Executive Director, Laboratories and Scientific Services Directorate.
    [FR Doc. 2016-20701 Filed 8-26-16; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY [Docket No. DHS-2016-0051] National Infrastructure Advisory Council AGENCY:

    Department of Homeland Security.

    ACTION:

    Committee management; notice of an open Federal Advisory Committee meeting.

    SUMMARY:

    The National Infrastructure Advisory Council (Council) will meet Friday, September 16, 2016 at 1310 North Courthouse Road, Suite 300, Arlington, VA 22201. This meeting will be open to the public.

    DATES:

    The National Infrastructure Advisory Council will meet on September 16, 2016 1:00 p.m.-4:00 p.m. EDT.

    ADDRESSES:

    The meeting will be held at 1310 North Courthouse Road, Suite 300, Arlington, VA 22201. For information on facilities or services for individuals with disabilities, or to request special assistance at the meeting, contact the person listed under FOR FURTHER INFORMATION, CONTACT below as soon as possible.

    The Council highly encourages public comment for its consideration and notes that it is listed as Item VI in the below meeting agenda. Written comments must be submitted no later than 8:30 a.m. EDT on September 16, 2016, in order to be considered by the Council during its meeting. Comments must be identified by “DHS-2016-0030,” and may be submitted by any one of the following methods:

    Federal eRulemaking Portal: www.regulations.gov. Follow “submitting written comments” instructions.

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

    Fax: (703) 235-9707.

    Mail: Ginger Norris, National Protection and Programs Directorate, Department of Homeland Security, 245 Murray Lane SW., Mail Stop 0612, Washington, DC 20598-0607.

    Instructions: All written submissions must include the words “Department of Homeland Security” and the docket number for this action. Written comments will be posted without alteration at www.regulations.gov, including any personal information provided.

    Docket: For access to the docket and background documents, go to www.regulations.gov. Search “NIAC” for a list all relevant documents for your review. Members of the public may provide oral comments on agenda items and previous Council studies. All previous studies can be located at www.dhs.gov/NIAC. Any written comments recieved after 8:30a.m. EDT on September 16, 2016 will still be accepted and reviewed by the members, but not during the time of the meeting. In-person comments are limited to three minutes per speaker. Members of the public making comments must register with the NIAC Secretariat at the meeting location.

    FOR FURTHER INFORMATION, CONTACT:

    Ginger Norris, National Infrastructure Advisory Council, Alternate Designated Federal Officer, Department of Homeland Security, (703) 235-2888.

    SUPPLEMENTARY INFORMATION:

    Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. appendix. The Council shall provide the President, through the Secretary of Homeland Security, with advice on the security and resilience of the Nation's critical infrastructure sectors. In addition, the Council will (1) receive a final presentation on Water Resilience from its working group members and (2) deliberate and vote upon the Water Resilience Recommendations as appropriate. All presentations will be posted at least three working days prior to the meeting on the Council's public Web page—www.dhs.gov/NIAC.

    Public Meeting Agenda I. OPENING OF MEETING II. ROLL CALL OF MEMBERS III. OPENING REMARKS AND INTRODUCTIONS IV. APPROVAL OF JUNE 2016 MEETING MINUTES V. PRESENTATIONS ON FUTURE FOCUS STUDY TOPICS VI. PUBLIC COMMENT VII. DISCUSSION OF NEW NIAC BUSINESS VIII. CLOSING REMARKS IX. ADJOURNMENT Dated: August 23, 2016. Ginger Norris, Designated Federal Officer for the National Infrastructure Advisory Council.
    [FR Doc. 2016-20561 Filed 8-26-16; 8:45 am] BILLING CODE 9110-09-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5921-N-14] Implementation of the Privacy Act of 1974, as Amended; Amended System of Records Notice, Single Family Insurance System (SFIS) AGENCY:

    Office of Housing, HUD.

    ACTION:

    Amended System of Records Notice.

    SUMMARY:

    In accordance with the requirements of the Privacy Act of 1974 (5 U.S.C. 552a (e)(4)), as amended, the Department's Office of Housing proposes to amend and reissue a current system of records notice (SORN): Single Family Insurance System (SFIS). The amended notice improves details published in the Federal Register for the SORNs categories of individuals covered, categories of records, authority for maintenance, storage, safeguards, retention and disposal, system manager and address, notification procedures, records access, contesting records procedures, and records source categories. These sections are amended to reflect the current status of information pertaining to the system of records. The existing scope, objectives, and business processes in place for the program remain unchanged. The amended SORN deletes and supersedes the Single Family Insurance System, HUD/HS-10, published in the Federal Register on July 23, 1999 at 64 FR 40032. The updated notice will be included in the Department's inventory of SORNs.

    DATES:

    Effective Date: This notice action shall be effective immediately, which will become effective [30 days after publication of this notice in the Federal Register].

    Comments Due Date: September 28, 2016.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this notice to the Rules Docket Clerk, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street SW., Room 10276, Washington, DC 20410. Communications should refer to the above docket number and title. Faxed comments are not accepted. A copy of each communication submitted will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address.

    FOR FURTHER INFORMATION CONTACT:

    Helen Goff Foster, Chief Privacy Officer/Senior Agency Official for Privacy, 451 Seventh Street SW., Room 10139, Washington, DC 20410, telephone number 202-402-6836 (this is not a toll-free number). Individuals who are hearing- and speech-impaired may access this number via TTY by calling the Federal Relay Service at 800-877-8339 (this is a toll-free number).

    SUPPLEMENTARY INFORMATION:

    This notice refines information published about the Single Family Insurance Systems SORN. This notice includes updated details about the notices name and location of the record system, the authority for and manner of its operations, the categories of individuals that it covers, the type of records that it contains, the sources of the information for the records, the routine uses made of the records, and the types of exemptions in place for the records. The notice also includes the business address of the HUD officials who will inform interested persons of how they may gain access to and/or request amendments to records pertaining to themselves. The Privacy Act places on Federal agencies principal responsibility for compliance with its provisions, by requiring Federal agencies to safeguard an individual's records against an invasion of personal privacy; protect the records contained in an agency system of records from unauthorized disclosure; ensure that the records collected are relevant, necessary, current, and collected only for their intended use; and adequately safeguard the records to prevent misuse of such information.

    Pursuant to the Privacy Act and the Office of Management and Budget (OMB) guidelines, a report of this new system of records was submitted to OMB, the Senate Committee on Homeland Security and Governmental Affairs, and the House Committee on Oversight and Government Reform as instructed by paragraph 4c of Appendix l to OMB Circular No. A-130, “Federal Agencies Responsibilities for Maintaining Records About Individuals,” July 25, 1994 November 28, 2000.

    Authority:

    5 U.S.C. 552a; 88 Stat. 1896; 42 U.S.C. 3535(d).

    Dated: August 16, 2016. Helen Goff Foster, Chief Privacy Officer/Senior Agency Official for Privacy. System of Records No.:

    HSNG.SF/HWAFS.01

    SYSTEM NAME:

    Single Family Insurance System (SFIS) A43—Insurance-in-force (IIF) database.

    SYSTEM LOCATION:

    The system is physically hosted at the HUD Information Technology Systems Production Data Center located at 2020 Union Carbide Drive, South Charleston, West Virginia 25303 and 4701 Forbes Blvd., Lanham, Maryland, 20706, or at the locations of the service providers under contract with HUD. Electronic records are stored at the VTL storage center South Charleston, West Virginia Data Center. External access is from the following addresses: Housing and Urban Development (HUD) workstations: 451 Seventh Street SW., Washington, DC 20410; 470 L'Enfant Plaza East, Room 3118, Washington, DC 20026; HUD's Atlanta Homeownership Center, Five Points Plaza, 40 Marietta Street, Atlanta, GA 30303; Denver Homeownership Center, UMB Plaza Building, 1670 Broadway, Denver, CO 80202; Philadelphia Homeownership Center, The Wanamaker Building, 100 Penn Square East, Philadelphia, PA 19107; Santa Ana Homeownership Center, Santa Ana Federal Building, 34 Civic Center Plaza, Room 7015, Santa Ana, CA 92701. See also HUD Regional Offices located in Seattle, WA; Atlanta, GA; Ft. Worth, TX; San Francisco, CA; Denver, CO; Boston, MA; Philadelphia, PA; Kansas City, KS; Chicago, IL; New York, NY (see Appendix II 1 for complete addresses), where records are accessible.

    1http://portal.hud.gov/hudportal/documents/huddoc?id=append2.pdf.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    Mortgagors who assumed or obtained a mortgage insured under HUD Federal Housing Administration single family mortgage insurance programs. Mortgagors who had Federal Housing (FHA) mortgage insured loans.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    The categories of records in the A43/SFIS system are as follows:

    (1) Insurance-in-Force (IIF) Records: Single Family insurance-in-force records which include PII data pertaining to (Mortgagors) borrower's/co-borrower's and their spouses full names, Social Security numbers, property addresses, date of birth, race/ethnicity, gender/sex; case-level details on the endorsement of the loan to include status code, FHA case number, original mortgage amount, beginning of amortization date, originating lender, transaction records, initial and monthly mortgage insurance premiums (IMIP & MMIP).

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    Sec. 203, National Housing Act, Public Law 73-479; The National Housing Act (12 U.S.C. 1701 et seq.) and the Department of Housing and Urban Development Act (42 U.S.C. 3531 et seq.); 24 CFR parts 202, 203, 206, 241 and 266. The Housing and Community Development Act of 1987, 42 U.S.C. § 3543, titled “Preventing fraud and abuse in Department of Housing and Urban Development programs” and enacted as part of the Housing and Community Development Act of 1987, which permits the collection of SSN.

    PURPOSE(S):

    Single Family Insurance System (SFIS) has been used to maintain IIF database, which contains accurate and detailed case information on FHA-insured single family properties. The IIF was initially loaded with information about several million active and terminated FHA cases in the single family mortgage insurance inventory. SFIS allows on-line access to FHA case information and is used to make inquiries and process actions on single family forward mortgages guaranteed by HUD. The system produces daily, weekly, monthly, quarterly, and annually reports upon request. The SFIS process begins with the endorsement of a case and continues through termination of the case and throughout the maintenance phase of post-termination cases. Online access to case information and reports is only available internally to HUD employees. The information in this system of records enables FHA to operate the single family mortgage insurance program (e.g., maintain data on the endorsement of single family loans and loan guarantees); record and calculate the collection of upfront and periodic mortgage insurance premiums (UFMIP and Periodic MIP); refund the unearned portion of the UFMIP's to homeowners; and respond to inquiries regarding insured mortgages. The Department utilizes its Distributive Shares and Refund System (DSRS) to authorize payment of the UFMIP refunds and SFIS system to maintain schedules showing the remaining amount of the UFMIP credit available each month.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES.

    In addition to those disclosures generally permitted under 5 U.S.C. 522a(b) of the Privacy Act, other routine uses may include:

    (1) To appropriate agencies, entities, and persons to the extent such disclosures are compatible with the purpose for which the records in this system were collected, as set forth by Appendix I, HUD's Routine Use Inventory Notice,2 published in the Federal Register.

    2http://portal.hud.gov/hudportal/documents/huddoc?id=routine_use_inventory.pdf.

    POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:

    Records are stored on magnetic tape/disc/drum. No hard copy records are maintained by SFIS that require storage. Electronic records are stored on DASD—Direct Access Storage Device and Virtual Tape Library (VTL).

    RETRIEVABILITY:

    Records are retrieved by name, co-borrower name, Social Security Number, property address, home address, and FHA Case number.

    SAFEGUARDS:

    Automated records are maintained in secured areas. Access is limited to authorized personnel. Access to the system is granted through a user ID and password. Users are required to sign a Rules of Behavior before accessing the system.

    RETENTION AND DISPOSAL:

    Records are held in accordance with HUD's Records Disposition Schedules Handbook (2225.6), Appendix 20 (Single Family Home Mortgage Insurance Program Records) and Appendix 21 (Financial Management Information Systems). Current retention periods for Single Family Case files are twelve years after close of the calendar year in which endorsed. Electronic records are maintained and destroyed as instructed by guidelines outlined in HUD's IT Security Handbook (2400.25), pursuant to NIST Special Publication 800-88 “Guidelines for Media Sanitization.”

    SYSTEM MANAGER(S) AND ADDRESS:

    Branch Chief, Single Family Insurance Operations Division, Department of Housing and Urban Development, 470 East L'Enfant Plaza SW., Room 3118, Washington, DC 20410.

    NOTIFICATION AND RECORD ACCESS PROCEDURES:

    For Information, assistance, or inquiries about the existence of records contact Helen Goff Foster, Chief Privacy Officer/Senior Agency Official for Privacy, 451 Seventh Street SW., Room 10139, Washington, DC 20410, telephone number 202-402-6836. When seeking records about yourself from this system of records or any other HUD system of records, your request must conform with the Privacy Act regulations set forth in 24 CFR part 16. You must first verify your identity by providing your full name, current address, and date and place of birth. You must sign your request, and your signature must either be notarized or submitted under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization. In addition, your request should:

    (1) Explain why you believe HUD would have information on you.

    (2) Identify which HUD office you believe has the records about you.

    (3) Specify when you believe the records would have been created.

    (4) Provide any other information that will help the Freedom of Information Act (FOIA) staff determine which HUD office may have responsive records.

    If you are seeking records pertaining to another living individual, you must obtain a statement from that individual certifying their agreement for you to access their records. Without the above information, the HUD FOIA Office may not be able to conduct an effective search, and your request may be denied due to lack of specificity or lack of compliance with applicable regulations.

    CONTESTING RECORD PROCEDURES:

    The Department's rules for contesting contents of records and appealing initial denials appear in 24 CFR part 16, Procedures for Inquiries. Additional assistance may be obtained by contacting the Department's Chief Privacy Officer/Senior Agency Official for Privacy, 451 Seventh Street SW., Room 10139, Washington, DC 20410, or the HUD Departmental Privacy Appeals Officers, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street SW., Room 10110, Washington, DC 20410.

    RECORD SOURCE CATEGORIES:

    Record Source categories are obtained from lenders who enter information into HUD's FHA Connection and/or submitted through the HUD Homeownership Centers who endorse loans using HUD's Computerized Homes Underwriting Management System (CHUMS) System, which transmits information to SFIS.

    SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

    None.

    [FR Doc. 2016-20695 Filed 8-26-16; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5913-N-20] 60-Day Notice of Proposed Information Collection: Multifamily Mortgagee's Application for Insurance Benefits AGENCY:

    Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.

    DATES:

    Comments Due Date: October 28, 2016.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW., Room 4176, Washington, DC 20410-5000; telephone 202-402-3400 (this is not a toll-free number) or email at [email protected] for a copy of the proposed forms or other available information. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    FOR FURTHER INFORMATION CONTACT:

    Alabama Brumskine, Accountant, Multifamily Claims Branch, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, telephone number 202-402-3472. (This is not a toll-free number). Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    Copies of available documents submitted to OMB may be obtained from Ms. Colette Pollard.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.

    A. Overview of Information Collection

    Title of Information Collection: Multifamily Mortgagee's Application for Insurance Benefits.

    OMB Approval Number: 2502-0419.

    Type of Request: Extension of currently approved collection.

    Form Number: Form HUD 2747, Application for Insurance Benefits, Multifamily Mortgage.

    Description of the need for the information and proposed use: A lender with an insured multifamily mortgage pays an annual insurance premium to the Department. When and if the mortgage goes into default, the lender may elect to file a claim for insurance benefits with the Department. A requirement of the claims process is the submission of an application for insurance benefits. Form HUD 2747, Mortgagee's Application for Insurance Benefits (Multifamily Mortgage), satisfies this requirement.

    Respondents (i.e. affected public): Not-for -profit institutions, State, local or Tribal Government.

    Estimated Number of Respondents: 110.

    Estimated Number of Responses: 110.

    Frequency of Response: Occasion.

    Average Hours per Response: 9.

    Total Estimated Burden: 990.

    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

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

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: August 18, 2016. Janet M. Golrick, Associate General Deputy Assistant Secretary for Housing—Associate Deputy Federal Housing Commissioner.
    [FR Doc. 2016-20698 Filed 8-26-16; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5913-N-22] Notice of Proposed Information Collection: The Housing Counseling Federal Advisory Committee Membership Application AGENCY:

    Office of the Assistant Secretary for Housing, Federal Housing Commissioner, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.

    DATES:

    Comments Due Date: October 28, 2016.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Colette Pollard, Reports Management Office, QDAM, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, Room 94176; telephone 202/402-3400 (this is not a toll-free number) or email at [email protected] for a copy of the proposed form(s) or other available information. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Information Relay Service at (800) 877-8339).

    FOR FURTHER INFORMATION CONTACT:

    Virginia Holman, Housing Program Specialist, Office of Housing Counseling, Office of Outreach and Capacity, U.S. Department of HUD, 600 East Broad Street, Richmond, VA 23219, telephone (804) 822-4911. This is not a toll free number. Persons with hearing or speech impairments may access this number through TTY by calling the tool-free Federal Relay Service at (800-877-8339.

    Copies of available documents submitted to OMB may be obtained from Ms. Holman.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that the Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended).

    A. Overview of Information Collection

    Title of Proposal: Membership Application for the Housing Counseling Federal Advisory Committee.

    OMB Control Number: 2502-0606.

    Form Number: HUD-90005 HCFAC.

    Description of the need for the information and proposed use: The Housing Counseling Federal Advisory Committee (HCFAC) was created under the Dodd-Frank “Expand and Preserve Homeownership through Counseling Act” Public Law 111-203, title XIV, § 1441, July 21, 2010, 124 Stat. 2163 (Act), 42 U.S.C. 3533(g) to provide strategic planning and policy guidance to HUD on housing counseling issues. The Membership Appication will be use to select the members of the HCFAC.

    Respondents: (i.e., affected public): Not for profit institutions.

    Estimated Number of Respondents: 150.

    Estimated Number of Responses: 150.

    Frequency of Responses: Occasion or as needed.

    Average Hours per Response: 90%.

    Total Estimated Burden: 168 hours.

    Status of the proposed information collection: This is an existing collection.

    B. Solicitation of Public Comment This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following. (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of the burden of the proposed collection of information; (3) ways to enhance the quality, utility, and clarify of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: August 19, 2016. Janet M. Golrick, Associate General Deputy Assistant Secretary for Housing, Associate Deputy Federal Housing Commissioner.
    [FR Doc. 2016-20697 Filed 8-26-16; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R2-ES-2016-N111; FXES11130200000-167-FF02ENEH00] Draft Safe Harbor Agreement Amendment and Application for an Enhancement of Survival Permit for the Phoenix Reach of the Rio Salado Environmental Restoration Project AGENCY:

    U.S. Fish and Wildlife Service, Interior.

    ACTION:

    Notice of availability; receipt of application.

    SUMMARY:

    The City of Phoenix (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an amendment to their enhancement of survival permit pursuant to the Endangered Species Act (Act), as amended. The requested amendment would authorize incidental take of the yellow-billed cuckoo as a result of operation and maintenance activities associated with the Rio Salado Project. We invite the public to review and comment on the permit application and the associated draft safe harbor agreement amendment (amendment).

    DATES:

    To ensure consideration, written comments must be received on or before September 28, 2016.

    ADDRESSES:

    Obtaining Documents

    Internet: You may obtain copies of the documents on the Service's Web site at http://www.fws.gov/arizonaes/.

    U.S. Mail: Field Supervisor, U.S. Fish and Wildlife Service, Arizona Ecological Services Office, 9828 North 31st Avenue, #C3, Phoenix, Arizona 85051-2517 (602-242-0210). You may also obtain a copy by telephone request to the Field Supervisor.

    In-Person: Copies of the application, draft amendment, or other related documents are also available for public inspection and review at the following locations, by appointment and written request only, 8 a.m. to 4:30 p.m.:

    ○ U.S. Fish and Wildlife Service, 500 Gold Avenue SW., Room 6034, Albuquerque, NM 87201.

    ○ Arizona Ecological Services Office, 9828 North 31st Avenue, #C3, Phoenix, Arizona 85051-2517 (602-242-0210).

    Persons wishing to review the application may obtain a copy by writing to the Regional Director, U.S. Fish and Wildlife Service, P.O. Box 1306, Room 4102, Albuquerque, NM 87103, Attention: Branch Chief, Environmental Review.

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

    Electronically: [email protected]

    By hard copy: U.S. Fish and Wildlife Service, Arizona Ecological Services Office, 2321 West Royal Palm Road, Suite 103, North 31st Avenue, #C3, Phoenix, AZ 85021-4951; or by fax to 602-242-2513.

    Please refer to permit number TE205294-1 when submitting comments.

    FOR FURTHER INFORMATION CONTACT:

    Nichole Engelmann, U.S. Fish and Wildlife Service, 2321 West Royal Palm Road, Suite 103, Phoenix, AZ 85021-4951, 602/242-0210 x237, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    The City of Phoenix (applicant) has applied to the U.S. Fish and Wildlife Service (Service) for an amendment to their enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act (Act; 16 U.S.C. 1531 et seq.), as amended. The requested amendment, which will expire on June 8, 2061, to coincide with the expiration date of the original permit (50 years from the issuance date of June 8, 2011), would authorize incidental take of the yellow-billed cuckoo (Coccyzus americanus) as a result of operation and maintenance activities associated with the Rio Salado Project. We invite the public to review and comment on the permit application and the associated draft safe harbor agreement amendment (amendment).

    The applicant plans to continue to conduct operation and maintenance activities associated with the Rio Salado Project, including maintenance of vegetation, roads, trails, water delivery system, flood control capacity, and storm water facilities. The Rio Salado Project, Phoenix Reach, is a cooperative project between the applicant and the U.S. Army Corps of Engineers to restore, enhance, and maintain 595 acres of native riparian and wetland vegetation along the Salt River from 24th Street to 19th Avenue.

    Section 9 of the Act prohibits the “taking” of threatened or endangered species. However, the Service, under limited circumstances, may issue permits to take threatened and endangered wildlife species when such taking is incidental to, and not the purpose of, otherwise lawful activities.

    The Service has made a preliminary determination that the approval of the draft amendment and permit amendment application qualify for categorical exclusion under the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), as provided by the Department of the Interior implementing regulations at 43 CFR 46.205, 46.210, and 46.215.

    Public Availability of Comments

    Written comments we receive become part of the public record associated with this action. 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 request in your comment that we withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. We will not consider anonymous comments. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public disclosure in their entirety.

    Authority

    We provide this notice under section 10(c) of the Act and its implementing regulations (50 CFR 17.22), and the National Environmental Policy Act (42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR 1506.6).

    Joy E. Nicholopoulos, Acting Regional Director, Southwest Region, Albuquerque, New Mexico.
    [FR Doc. 2016-20671 Filed 8-26-16; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket Nos. FWS-HQ-IA-2016-0107 and FWS-HQ-IA-2016-0079: FXIA16710900000-156-FF09A30000] Endangered Species; Receipt of Applications for Permit AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of receipt of new permit applications; reopening comment period for previously announced permit applications.

    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 In this notice, we announce 8 new permit applications that we have received, and we reopen the comment period on 11 permit applications that we had previously announced for public comment.

    DATES:

    We must receive comments or requests for documents on or before September 28, 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 either Docket No. FWS-HQ-IA-2016-0107 for the applications discussed in section III.A. of SUPPLEMENTARY INFORMATION or Docket No. FWS-HQ-IA-2016-0079 for the applications discussed in section III.B. of SUPPLEMENTARY INFORMATION.

    U.S. mail or hand-delivery: Public Comments Processing, Attn: Docket No. FWS-HQ-IA-2016-0107; U.S. Fish and Wildlife Service Headquarters, MS: BPHC; 5275 Leesburg Pike, Falls Church, VA 22041-3803. (Make sure that you insert the correct docket number, either FWS-HQ-IA-2016-0107 or FWS-HQ-IA-2016-0079. The permit applications in either docket are described in SUPPLEMENTARY INFORMATION in III.A. and B.)

    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 A. Endangered Species Applicant: Wild Things Unlimited, Inc., Bozeman, MT; PRT-137719

    The applicant requests a renewal of their permit to export salvaged hair samples collected from grizzly bears (Ursus arctos horribilis) for the purpose of scientific research. This notification covers activities to be conducted by the applicant over a 5-year period.

    Applicant: Cienegas Ranches, Ltd., Del Rio, TX; PRT-92685B

    The applicant requests a permit for interstate and foreign commerce, and to export and cull excess barasingha (Rucervus duvaucelii) from the captive herd maintained at their facility, for the purpose of enhancement of the survival of the species. This notification covers activities to be conducted by the applicant over a 5-year period.

    Applicant: Cienegas Ranches, Ltd., Del Rio, TX; PRT-92686B

    The applicant requests a captive-bred wildlife registration under 50 CFR 17.21(g) for the following species to enhance species propagation or survival: Barasingha (Rucervus duvaucelii). This notification covers activities to be conducted by the applicant over a 5-year period.

    Applicant: Stanford University, Stanford, CA; PRT-04371C

    The applicant requests a permit to import biological samples collected from wild specimens of black rhinoceros (Diceros bicornis) for the purpose of scientific research.

    Applicant: Qin Yi Yu, Temple City, CA; PRT-95968B

    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: Florida State University—Robert K. Godfrey Herbarium, Tallahassee, FL; PRT-230539

    The applicant requests the renewal of their permit to export and re-import nonliving museum/herbarium specimens of endangered and threatened species (excluding animals) previously legally accessioned into the permittee's collection for scientific research. This notification covers activities to be conducted by the applicant over a 5-year period.

    Applicant: Smithsonian Institution, Washington, DC; PRT-96221B

    The applicant requests a permit to export to Georg-August University, Goettingen, Germany, a single leaf from one individual tree of 28 species of Melicope spp., 6 species of Myrsine spp., 3 species of Platydesma spp., and 3 species of Zanthoxylum spp., collected from the wild in Hawaii. The export of these specimens is for purposes of scientific research on plant systematics, evolution, and biogeography. This notification covers activities to be conducted by the applicant over a 5-year period.

    Applicant: Charles Butler, Mankato, MN; PRT-03232C

    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.

    B. Reopening of Comment Period for Permit Applications (Docket No. FWS-HQ-IA-2016-0079)

    On July 18, 2016, we published a Federal Register notice inviting the public to comment on 11 applications for permits to conduct certain activities with endangered species under Docket No. FWS-HQ-IA-2016-0079 (81 FR 46698). Due to an issue with viewing and submitting comments, we are now reopening the comment period to allow the public the opportunity to review information submitted by the applicants.

    Applicant: Exotic Feline Breeding Compound, Inc., Rosamond, CA; PRT-88847B

    The applicant requests a permit to import one female captive-bred Persian leopard (Panthera pardus saxicolor) from Tierpark-Nordhorn gGmbH, Nordhorn, Germany, for the purpose of enhancement of the survival of the species. This notification covers activities to be conducted by the applicant over a 1-year period.

    Applicant: SeaWorld, San Antonio, TX; PRT-96334B

    The applicant requests a permit to export one male captive-born Palawan peacock pheasant (Polyplectron napoleonis) for the purpose of enhancement of the survival of the species. This notification covers activities to be conducted by the applicant over a 1-year period.

    Applicant: Pamela Plotkin, College Station, TX; PRT-43484B

    The applicant requests reissuance of a permit to import biological samples from Costa Rica from wild-caught olive Ridley sea turtles (Lepidochelys olivacea) for the purpose of scientific research.

    Applicant: A Walk on the Wild Side, Canby, OR; PRT-93730B

    The applicant requests a captive-bred wildlife registration under 50 CFR 17.21(g) for the following species to enhance species propagation or survival: Ring-tailed lemur (Lemur catta), leopard (Panthera pardus), African lion (Panthera leo), and tiger (Panthera tigris). This notification covers activities to be conducted by the applicant over a 5-year period.

    Applicant: City of Saint Paul/Como Zoo, Saint Paul, MN; PRT 89851B and 89852B

    The applicant requests a permit to import two captive-bred snow leopards (Uncia uncia), for the purpose of enhancement of the survival of the species. This notification covers activities to be conducted by the applicant over a 1-year period.

    Applicant: Out of Africa Wildlife Park, LLC, Camp Verde, AZ; PRT-760354

    The applicant requests renewal of their captive-bred wildlife registration under 50 CFR 17.21(g) for the following species to enhance species propagation or survival: Leopard (Panthera pardus) and snow leopard (Uncia uncia). This notification covers activities to be conducted by the applicant over a 5-year period.

    Applicant: James Mercer, Carbondale, KS; PRT-98881B

    The applicant requests a permit to import a sport-hunted trophy of two 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.

    Multiple Applicants

    The following applicants each request a permit to import the 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.

    Applicant: Marion Searle, Lake Forest, IL; PRT-99186B Applicant: Kristian O'Meara, Powell, OH; PRT-99852B Applicant: David Robertson, Lewistown, MT; PRT-94807B Brenda Tapia, Program Analyst/Data Administrator, Branch of Permits, Division of Management Authority.
    [FR Doc. 2016-20553 Filed 8-26-16; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R2-ES-2016-N059; FXES11130200000-167-FF02ENEH00] Notice of Availability of a Draft Safe Harbor Agreement and Draft Environmental Assessment for Activities Within Austin, Bastrop, Burleson, Colorado, Lavaca, Lee, Leon, Milam, and Robertson Counties, Texas AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of availability: Draft safe harbor agreement with assurances, draft environmental assessment, and permit application.

    SUMMARY:

    This notice advises the public that the Texas Parks and Wildlife Department (TPWD; applicant) has applied to the Fish and Wildlife Service (Service) for an enhancement of survival permit pursuant to the Endangered Species Act of 1973, as amended (Act). The permit application includes a proposed programmatic safe harbor agreement (agreement) between the applicant and the Service that would authorize incidental take resulting from voluntary activities to restore, maintain, enhance, or create habitat for the endangered Houston toad. The Service also announces the availability of a draft environmental assessment (EA) that has been prepared to evaluate the permit application in accordance with the requirements of the National Environmental Policy Act. We are making the permit application package, including the draft safe harbor agreement, and draft environmental assessment available for public review and comment.

    DATES:

    We will accept comments received or postmarked on or before October 28, 2016. Any comments we receive after the closing date or not postmarked by the closing date may not be considered in the final decision on this action.

    ADDRESSES:

    Persons wishing to review the application may obtain a copy by writing to the Regional Director, U.S. Fish and Wildlife Service, P.O. Box 1306, Room 4012, Albuquerque, NM 87103, or send a request by email to [email protected]

    Obtaining Documents

    Internet: You may obtain copies of the EA and draft Safe Harbor Agreement on the U.S. Fish and Wildlife Service's (Service) Web site at http://www.fws.gov/southwest/es/AustinTexas/.

    U.S. Mail: A limited number of CD-ROM and printed copies of the EA and draft Safe Harbor Agreement are available, by request, from the Field Supervisor, by mail at the Austin Ecological Services Field Office, 1071 Burnet Road, Suite 200, Austin, TX 78758; by phone at 512-490-0057; or by fax at 512-490-0974. Please note that your request is in reference to the draft Safe Harbor Agreement for the Houston toad.

    In-Person: Copies of the EA and draft Safe Harbor Agreement are also available for public inspection and review at the following locations, by appointment and written request only, 8 a.m. to 4:30 p.m.:

    ○ U.S. Fish and Wildlife Service, 500 Gold Avenue SW., Room 6034, Albuquerque, NM 87102.

    ○ U.S. Fish and Wildlife Service, 1071 Burnet Road, Suite 200, Austin, TX 78758.

    Comment submission: You may submit comments by one of the following methods.

    U.S. Mail: U.S. Fish and Wildlife Service, Austin Ecological Services Field Office, 1071 Burnet Road, Suite 200, Austin, TX 78758; by phone at 512-490-0057; or by fax at 512-490-0974.

    Electronically: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Adam Zerrenner, Field Supervisor, U.S. Fish and Wildlife Service, Austin Ecological Services Field Office, 10711 Burnet Rd, Suite 200, Austin, TX 78758; by telephone 512-490-0057; or by facsimile 512-490-0974. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339.

    SUPPLEMENTARY INFORMATION:

    This notice advises the public that the TPWD has applied to the Service for an enhancement of survival permit pursuant to the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.; Act). The permit application includes a proposed programmatic safe harbor agreement (agreement) between the applicant and the Service for a period of 30 years. The proposed agreement will authorize incidental take during voluntary activities to restore, maintain, enhance, or create habitat for the endangered Houston toad (Anaxyrus [=Bufo] houstonensis). The Service also announces the availability of a draft environmental assessment that has been prepared to evaluate the permit application in accordance with the requirements of the National Environmental Policy Act (42 U.S.C. 4321 et seq.; NEPA). We are making the permit application package, including the draft safe harbor agreement, and draft Environmental Assessment available for public review and comment.

    Background

    Under a safe harbor agreement, participating property owners voluntarily undertake management activities on their property to enhance, restore, or maintain habitat benefiting species listed under the Endangered Species Act. Safe harbor agreements encourage private and other non-Federal property owners to implement conservation efforts for listed species by assuring property owners they will not be subjected to increased property use restrictions as a result of increased target species abundance due to their efforts to improve conditions for listed species on their property. Application requirements and issuance criteria for enhancement of survival permits through safe harbor agreements are found in 50 CFR 17.22 and 17.32.

    Proposed Action

    The proposed action involves the issuance of a section 10(a)(1)(A) enhancement of survival permit (permit) by the Service to the applicant and approval of the proposed programmatic safe harbor agreement to facilitate recovery activities for the benefit of the federally listed endangered Houston toad on non-Federal lands within the current known range of the species. The requested term of the permit is 30 years. Landowners enrolled under the Agreement would implement conservation activities to benefit the endangered Houston toad and in turn receive assurances consistent with the Safe Harbor Agreement Policy, as amended (64 FR 32717 and 69 FR 24084) and related implementing regulations (50 CFR 13 and 17). Non-Federal landowners within Austin, Bastrop, Burleson, Colorado, Lavaca, Lee, Leon, Milam, and Robertson Counties, Texas, could be enrolled under the agreement, if finalized, by entering into a cooperative agreement with the applicant.

    The cooperative agreement would include: (1) A map of the property and its legal location; (2) the portion of the property to be enrolled and its acreage; (3) a description of the existing structures and habitat types that occur on the portion of the property to be enrolled, including accurate descriptions of vegetation, water features, and soil types; and (4) a detailed account of conservation activities to be undertaken on the portion of the property to be enrolled. After signing a cooperative agreement, landowners would receive a certificate of inclusion to document the landowners' participation in the agreement and convey incidental take authorization from the applicant to certificate recipients. The applicant would be responsible for annual monitoring and reporting related to implementation of the agreement and cooperative agreements, and fulfillment of their provisions.

    We have worked with the applicant to design conservation activities expected to have a net conservation benefit to the Houston toad within the nine Texas counties to be covered under this proposed agreement; however, landowners would not have to conduct every activity in this list in order for their actions to have a net conservation benefit on Houston toads. These conservation activities include: (1) Brush management to create desired understory conditions; (2) forest enhancement/restoration to create favorable canopy conditions; (3) prescribed burning to restore, create, and maintain desired understory and ground cover conditions; (4) removal of sod-forming grasses and restoration of native ground cover; (5) enhancement of existing breeding ponds to provide habitat for breeding adults and emerging toadlets; (6) removal of ponds, where it would be beneficial to do so; (7) control of red imported fire ants to maximize successful toadlet emergence from ponds; (8) creation of new breeding ponds; (9) headstarting and/or reintroduction of captively-bred Houston toads; and (10) release and translocation of wild-caught Houston toads.

    These conservation activities are expected to: (1) Enhance Houston toad foraging and hibernating habitat; (2) create and enhance Houston toad breeding and toadlet emergence habitat; (3) facilitate Houston toad dispersal through the creation and enhancement of habitat linkages throughout the species' range; (4) increase Houston toad population numbers through headstarting and reintroduction; and (5) facilitate viable, self-sustaining Houston toad subpopulations.

    Take, as defined by the Act, means “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Incidental take is defined by the Act as take that is “incidental to, and not the purpose of, the carrying out of an otherwise lawful activity.” The incidental take of toads may occur from: (1) Habitat management actions conducted in accordance with the conservation activities in the Agreement, (2) ongoing land use activities that may have an increased chance of taking a toad if toad numbers increase, as expected, and (3) cessation of the conservation activities if enrolled landowners exercise their option to return the property to its baseline condition, or pre-enrollment condition, as provided for in the final Safe Harbor Agreement Policy (64 FR 32717 and 69 FR 24084).

    Alternative

    We considered one alternative to the proposed action as part of the Environmental Assessment process—the No Action Alternative. Under the No Action Alternative, a coordinated effort to conserve Houston toads on non-Federal properties using a single programmatic safe harbor agreement and enhancement of survival permit would not occur. Houston toad conservation efforts could take place through the actions of individual landowners without the assurances that a safe harbor agreement would provide. However, it is likely that many landowners would not feel comfortable participating in conservation activities on their properties to enhance habitat for a federally endangered species without coverage for their activities under the Act or assurances that they could eventually take their properties back to their baseline conditions. Therefore, many landowners might not undertake beneficial actions for the Houston toad on their properties because they would be fearful of attracting an endangered species and increasing their liability under the Act. Conservation efforts for the species would primarily occur within the areas already being managed for the Houston toad within Bastrop County, Texas, with little participation of landowners in other areas of the species' range.

    Next Steps

    We will evaluate the proposed safe harbor agreement, associated documents, and comments we receive to determine whether the requirements of sections 10(a) and 10(c) of the Endangered Species Act, the Act's implementing regulations at 50 CFR 17.22 (regulations that pertain to safe harbor agreements and endangered species), and NEPA have been met. If we determine that the requirements have been met, we will issue an enhancement of survival permit under section 10(a)(1)(A) of the Endangered Species Act to the applicant in accordance with the terms of the safe harbor agreement and specific terms and conditions of the authorizing permit. We will not make our final decision until after the end of the 60-day comment period and will fully consider all comments received during the comment period.

    Public Availability of Comments

    Written comments we receive become part of the public record associated with this action. 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 request in your comment that we withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. We will not consider anonymous comments. All submissions from organizations or businesses, and from individuals identifying themselves as representative or officials of organizations or businesses, will be made available for public disclosure in their entirety.

    Authority

    We provide this notice under section 10(c) of the Act and its implementing regulations (50 CFR 17.22 and 17.32) and NEPA and its implementing regulations (40 CFR 1506.6).

    Benjamin N. Tuggle, Regional Director, Southwest Region, Albuquerque, New Mexico.
    [FR Doc. 2016-20714 Filed 8-26-16; 8:45 am] BILLING CODE 4310-55-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLIDT000000.L11200000.DD0000.241A.00; 4500069133] Notice of Public Meeting, Twin Falls District Resource Advisory Council, Idaho AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of public meetings.

    SUMMARY:

    In accordance with the Federal Land Policy and Management Act (FLPMA), the Federal Advisory Committee Act of 1972 (FACA), and the Federal Lands Recreation Enhancement Act of 2004 (FLREA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Twin Falls District Resource Advisory Council (RAC) will meet as indicated below.

    DATES:

    The Twin Falls District RAC will meet September 14, 2016 at the Twin Falls District BLM Office, 2878 Addison Ave. E., Twin Falls, Idaho, 83301. The meeting will begin at 9:00 a.m. and end no later than 3:45 p.m. The public comment period will take place from 9:15 to 9:45 a.m.

    FOR FURTHER INFORMATION CONTACT:

    Heather Tiel-Nelson, Twin Falls District, Idaho, 2536 Kimberly Road, Twin Falls, Idaho, 83301, (208) 736-2352.

    SUPPLEMENTARY INFORMATION:

    The 15-member RAC advises the Secretary of the Interior, through the Bureau of Land Management, on a variety of planning and management issues associated with public land management in Idaho. During the September 14th meeting, there will be travel management planning training, an overview of the 2016 fire season and the 40th anniversary of the Federal Land Policy Management Act along with field office updates. Additional topics may be added and will be included in local media announcements.

    More information is available at www.blm.gov/id/st/en/res/resource_advisory.3.html. RAC meetings are open to the public.

    Authority:

    43 CFR 1784.4-1.

    Michael C. Courtney, BLM Twin Falls District Manager.
    [FR Doc. 2016-20719 Filed 8-26-16; 8:45 am] BILLING CODE 4310-GG-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-BSD-FEES-21785; PX.XBSAD0096.00.1] Proposed Information Collection; The Interagency Access Pass and Senior Pass Application Processes AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice; request for comments.

    SUMMARY:

    We (National Park Service, NPS) will ask the Office of Management and Budget (OMB) to approve the information collection (IC) described below. As required by the Paperwork Reduction Act of 1995 and as part of our continuing efforts to reduce paperwork and respondent burden, we invite the general public and other Federal agencies to take this opportunity to comment on this IC. This information collection is scheduled to expire on May 31, 2017. We may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB Control Number.

    DATES:

    You must submit comments on or before October 28, 2016.

    ADDRESSES:

    Send your comments on the IC to Madonna L. Baucum, Information Collection Clearance Officer, National Park Service, 12201 Sunrise Valley Drive (MS-242), Reston, VA 20192 (mail); or [email protected] (email). Please reference OMB Control Number 1024-0252 in the subject line of your comments.

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this IC, contact Brooke Linford by email at [email protected], or at (202) 513-7139 (telephone).

    SUPPLEMENTARY INFORMATION: I. Abstract

    The America the Beautiful—National Parks and Federal Recreation Lands Pass Program covers recreation opportunities on public lands managed by four Department of the Interior agencies—the National Park Service, U.S. Fish and Wildlife Service, Bureau of Land Management, and the Bureau of Reclamation—and by the Department of Agriculture's U.S. Forest Service. The passes provide visitors an affordable and convenient way to access Federal recreation lands. The pass program's proceeds are used to improve and enhance visitor recreation services. Two of the available passes—Interagency Access Pass and Interagency Senior Pass—require documentation and are the bases for this information collection.

    The Interagency Access Pass is a free, lifetime pass issued to citizens or residents who are domiciled in the United States, regardless of age, and who have a medical determination and documentation of permanent disability. You can obtain an Access Pass in person, with proper documentation, from a participating Federal recreation site or office. Access Passes may also be obtained via mail order. Mail-order applicants for the Access Pass must submit a completed application, proof of residency, and documentation of permanent disability, and pay the document processing fee of $10 to obtain a pass through the mail.

    If a person arrives at a recreation site and claims eligibility for the Interagency Access Pass, but cannot produce any documentation, that person must read, sign, and date a Statement of Disability Form in the presence of the agency officer issuing the Interagency Access Pass. If the applicant cannot read and/or sign the form, someone else may read, date, and sign the statement on his/her behalf in the applicant's presence and in the presence of the agency officer issuing the Interagency Access Pass.

    The Interagency Senior Pass is a lifetime pass issued to U.S. citizens or permanent residents who are 62 years or older. There is a $10 fee for the Senior Pass. You can buy a Senior Pass in person from a participating Federal recreation site or office, online or by mail order. There is an additional document processing fee of $10 to obtain a Senior Pass online or through the mail. Online and mail-order applicants must submit a completed application and proof of residency and age, and pay $20 for the pass fee and processing fee.

    Agency Web sites provide information on the passes and acceptable documentation. All documentation submitted in person, online or through the mail is returned to the applicant, removed from servers or destroyed.

    II. Data

    OMB Control Number: 1024-0252.

    Title: The Interagency Access Pass and Senior Pass Application Processes.

    Service Form Number(s): None.

    Type of Request: Extension of a currently approved collection.

    Description of Respondents: Individuals.

    Respondent's Obligation: Required to obtain or retain a benefit.

    Frequency of Collection: On occasion.

    Activity Number of
  • respondents
  • Number of
  • annual
  • responses
  • Completion
  • time per
  • response
  • Total annual
  • burden hours
  • Interagency Access Pass (in person) 76,000 76,000 5 minutes 6,333 Interagency Access Pass (by mail) 4,000 4,000 10 minutes 667 Interagency Senior Pass (online) 5,000 5,000 10 Minutes 833 Interagency Senior Pass (by mail) 29,750 29,750 10 minutes 4,958 Totals 114,750 114,750 12,791

    Estimated Annual Nonhour Burden Cost: $409,775. The estimated cost burden for applications submitted by mail (two photocopies and postage) is $0.66 per mail-in applicant, for a total of $22,275 ($0.66 × for 33,750 responses). In addition, there is a processing fee of $10.00 for each online and mail-in application, or a total of $387,500 ($10 × 38,750).

    III. Comments

    We invite comments concerning this information collection on:

    • Whether or not the collection of information is necessary, including whether or not the information will have practical utility;

    • The accuracy of our estimate of the burden for this collection of information;

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

    • Ways to minimize the burden of the collection of information on respondents.

    Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this IC. 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.

    Dated: August 23, 2016. Madonna L. Baucum, Information Collection Clearance Officer, National Park Service.
    [FR Doc. 2016-20602 Filed 8-26-16; 8:45 am] BILLING CODE 4310-EH-P
    DEPARTMENT OF THE INTERIOR Bureau of Reclamation [RR08100000, 16XR0680A1, RY.1541CH20.60IR162] Announcement of Requirements and Registration for a Prize Competition Seeking: Preventing Rodent Burrows in Earthen Embankments AGENCY:

    Bureau of Reclamation, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Bureau of Reclamation, in collaboration with the U.S. Army Corps of Engineers, State of Colorado Department of Natural Resources Dam Safety Branch, and various water irrigation districts that operate Federal canals, is seeking new ideas for cost-effective ways to prevent rodents from burrowing into the earthen embankments of dams, canals, and levees. These burrows cause seepage paths in the embankment system which can lead to structural failures that endanger water supplies, and cause property damage and loss of life. Many of the more traditional and “intuitive” methods have been tried with little success to date. We are hoping the Solver community can dig deeper than the rodents to find creative and effective solutions to this Challenge.

    DATES:

    Listed below are the specific dates pertaining to this prize competition:

    1. Submission period begins on August 29, 2016.

    2. Submission period ends on October 11, 2016.

    3. Judging period ends on December 7, 2016.

    4. Winners announced by December 27, 2016.

    ADDRESSES:

    The Preventing Rodent Burrows in Earthen Embankments Prize Competition will be posted on the following crowd-sourcing platforms where Solvers can register for this prize competition:

    1. The Water Pavilion located at the InnoCentive Challenge Center: https://www.innocentive.com/ar/challenge/browse.

    2. U.S. Federal Government Challenge Platform: www.Challenge.gov. InnoCentive, Inc. is administering this challenge under a challenge support services contract with the Bureau of Reclamation. Challenge.gov will re-direct the Solver community to the InnoCentive Challenge Center as the administrator for this prize competition. Additional details for this prize competition, including background information, figures, and the Challenge Agreement specific for this prize competition, can be accessed through either of these prize competition web addresses. The Challenge Agreement contains more details of the prize competition rules and terms that Solvers must agree with to be eligible to compete.

    FOR FURTHER INFORMATION CONTACT:

    Challenge Manager: Dr. David Raff, Science Advisor, Bureau of Reclamation, (202) 513-0516, [email protected]; Dr. Jessica Torrey, (303) 445-2376, [email protected]

    SUPPLEMENTARY INFORMATION:

    The Bureau of Reclamation (Reclamation) is announcing the following prize competition in compliance with 15 U.S.C. 3719, Prize Competitions.

    Prize Competition Summary: Is there a way to stop and prevent rodents from burrowing into earthen embankments of dams, canals, and levees?

    Rodent burrows can fill with water when the water levels change, creating seepage paths which can lead to internal erosion in embankments resulting in the potential for catastrophic failure. Embankment failures can cause property damage, cause loss of life, and interrupt crucial deliveries of water in the West and across the nation.

    Trapping or baiting rodents on earthen embankments are short term remedies, and experience has shown that within a short time, the rodents inevitably return. Annual programs of rodent removal over thousands of miles of earthen embankment are cost prohibitive and only marginally successful. Solvers are being asked for creative, cost effective, long-term solutions to this very real and serious problem.

    A solution is being pursued through a prize competition because we find ourselves often wondering if someone, somewhere, may know a better way of detecting internal erosion in embankments than the methods we currently use. The prize competition approach enables us to reach a new source of potential Solvers to generate new and timely solutions that would not likely be accomplished by standard contractual methods.

    This is an Ideation Challenge, which has the following unique features:

    • There is a guaranteed award. The awards will be paid to the best submission(s) as solely determined by the Seeker. The total payout will be $20,000, with at least one award being no smaller than $5,000 and no award being less than $2,500.

    • All intellectual property rights, if any, in the idea or concept demonstrated by the proposed solution will remain with the Solver. upon submission of a proposed solution to this challenge, each Solver grants to the Bureau of Reclamation, on behalf of the U.S. Government, a royalty-free, perpetual, irrevocable, non-exclusive license and right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so. Notwithstanding granting the Seeker a perpetual, non-exclusive license for the proposed solution, the Solver retains ownership of the idea or concept demonstrated by the proposed solution.

    • The Seeker believes there might be a potential for future collaboration with awarded Solver(s), although such collaboration is not guaranteed. The Seeker may also encourage Solver(s) to further develop and test their winning submissions through subsequent round(s) of competition. Solvers should make it clear if they have the ability for subsequent design and development phases and would be willing to consider future collaborations and/or subsequent competitions.

    Technical Requirements. Any proposed solution should address the following Technical Requirements. Solvers need not meet every technical requirement with one new concept. Concepts that meet some requirements, but not all, will still be eligible for competing for an award. Innovative solutions in one of the necessary components may be considered for partial awards. The Solution should:

    1. Reduce by 95% the ability of rodents to burrow in the embankments.

    2. Be able to be applied at discrete, remote locations where power is not available.

    3. Work reliably for a minimum of 5 years without interruption or major repairs.

    4. Require maintenance labor activities no more than every 6 months.

    5. Be cost effective to treat or cover earthen embankments that are 1 mile long, but be scalable to treat embankments that are 50 miles long.

    It would be nice to have (not as important as the requirements above, but would add value to a submission) a Solution that:

    6. Is effective in temperature extremes from 0 to 120 degrees Fahrenheit.

    7. Does not kill rodents.

    8. Is applicable in both urban areas as well as rural areas.

    The Solution should not:

    1. Be a review of every type of rodent control tried in the past.

    2. Negatively impact the structural integrity of the embankment or any of its appurtenant features.

    3. Promote the establishment of a new predator that will harm other non-target species.

    4. Contaminate water in or behind the embankment.

    5. Displace the rodents from one area of the embankment to another area.

    6. Create a favorable rodent habitat or supply food and shelter to the rodents.

    7. Exterminate or harm non-target species such as humans, pets, or endangered species.

    Solutions that meet the technical requirements will also be judged on logistical feasibility, applicability to varying environments, readiness, overall costs, and scalability.

    Project Deliverables: This is an Ideation Challenge that requires only a written proposal to be submitted. At least one solution will be deemed the winner. The submitted proposal should include the following:

    1. Detailed description of a method and/or device. The Solver must describe with a high level of technical detail as to how the system would meet or not meet each of the “should have” and “nice to have” attributes in the Technical Requirements described above. The Solver should expect that their submittal will be reviewed by experts in the field of biology and those with relevant operations, maintenance, and engineering expertise.

    2. Rationale as to why the Solver believes that the proposed method and/or device will work. This rationale should address each of the Technical Requirements and should be supported with relevant examples.

    3. Drawings/sketches of any proposed system, if appropriate.

    4. Sufficient data to support claims, if available.

    5. List of equipment required and rough cost estimate.

    6. Detail on how the solution could be developed and tested in the field.

    7. Your area of expertise/qualifications that allow you to develop the idea.

    Submitted proposals should not include any personally identifiable information that the Solver does not want to make public, or any information that the Solver may consider as their own Intellectual Property which they do not want to share.

    Judging: After the Challenge deadline, the Seeker will evaluate the submissions and make a decision with regards to the winning solution(s). All Solvers that submitted a proposal will be notified on the status of their submissions. Decisions by the Seeker cannot be contested.

    Submitted solutions will be evaluated by a Judging Panel composed of scientists, engineers, and other related technical experts. The Judging Panel will also have consultation access to technical experts outside of their expertise, as determined necessary, to evaluate specific submissions.

    Eligibility Rules: To be able to win a prize under this competition, an individual or entity must:

    1. Agree to the rules of the competition (15 U.S.C. 3719(g)(1));

    2. Be an entity that is incorporated in and maintains a primary place of business in the United States, or (b) in the case of an individual, a citizen or permanent resident of the United States (15 U.S.C. 3719(g)(3));

    3. Not be a Federal entity or Federal employee acting within the scope of their employment; (15 U.S.C. 3719(g)(4));

    4. Assume risks and waive claims against the Federal Government and its related entities (15 U.S.C. 3719(i)(1)(B)); and,

    5. Not use Federal facilities, or consult with Federal employees during the competition unless the facilities and employees are made available to all individuals and entities participating in the competition on an equitable basis.

    The following individuals or entities are not eligible regardless of whether they meet the criteria set forth above:

    1. Any individual who employs an evaluator on the Judging Panel or otherwise has a material business relationship or affiliation with any Judge.

    2. Any individual who is a member of any Judge's immediate family or household.

    3. The Seeker, participating organizations, and any advertising agency, contractor or other individual or organization involved with the design, production, promotion, execution, or distribution of the prize competition; all employees, representatives and agents thereof; and all members of the immediate family or household of any such individual, employee, representative, or agent.

    4. Any individual or entity that uses Federal funds to develop the proposed solution now or any time in the past, unless such use is consistent with the grant award, or other applicable Federal funds awarding document. NOTE: Submissions that propose to improve or adapt existing federally funded technologies for the solution sought in this prize competition are eligible.

    Consultation: Geotechnical engineers, biologists, facility managers, and technical specialists from across Reclamation and U.S. Army Corps of Engineers were consulted in identifying and selecting the topic of this prize competition. Direct and indirect input from various stakeholders and partners associated with the asset management program efforts by these agencies were also considered.

    Public Disclosure: InnoCentive, Inc. is administering this challenge under a challenge support services contract with Reclamation. Participation is conditioned on providing the data required on InnoCentive's online registration form. Personal data will be processed in accordance with InnoCentive's Privacy Policy which can be located at http://www.innocentive.com/privacy.php. Before including your address, phone number, email address, or other personal identifying information in your proposal, you should be aware that the Seeker is under no obligation to withhold such information from public disclosure, and it may be made publicly available at any time. Neither InnoCentive nor the Seeker is responsible for human error, theft, destruction, or damage to proposed solutions, or other factors beyond its reasonable control. Solver assumes any and all risks and waives any and all claims against the Seeker and its related entities, except in the case of willful misconduct, for any injury, death, damage, or loss of property, revenue, or profits, whether direct, indirect, or consequential, arising from participation in this competition, whether the injury, death, damage, or loss arises through negligence or otherwise.

    Dated: August 22, 2016. David Raff, Science Advisor.
    [FR Doc. 2016-20497 Filed 8-26-16; 8:45 am] BILLING CODE 4332-90-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 332-557] Aluminum: Competitive Conditions Affecting the U.S. Industry Submission of Questionnaire for OMB Review AGENCY:

    United States International Trade Commission.

    ACTION:

    Notice of submission of request for approval of a questionnaire to the Office of Management and Budget. This notice is being given pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).

    Purpose of Information Collection:The information requested by the questionnaire is for use by the Commission in connection with investigation No. 332-557, Aluminum: Competitive Conditions Affecting the U.S. Industry. The investigation was instituted under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)) at the request of the House Committee on Ways and Means (the Committee). The Commission expects to deliver its report to the Committee by June 26, 2017.

    Summary of Proposal:

    (1) Number of forms submitted: 1.

    (2) Title of form: Unwrought and Wrought Aluminum Questionnaire.

    (3) Type of request: New.

    (4) Frequency of use: Industry questionnaire, single data gathering, scheduled for 2016.

    (5) Description of respondents: U.S. producers of unwrought and wrought aluminum.

    (6) Estimated number of questionnaires to be mailed: 280.

    (7) Estimated total number of hours to complete the questionnaire per respondent: 12 hours.

    (8) Information obtained from the questionnaire that qualifies as confidential business information will be so treated by the Commission and not disclosed in a manner that would reveal the individual operations of a firm.

    Additional Information or Comment: Copies of the questionnaire and supporting documents may be obtained from project leader Karl Tsuji ([email protected] or 202-205-3434) or deputy project leader Mihir Torsekar ([email protected] or 202-205-3350). Comments about the proposal should be directed to the Office of Management and Budget, Office of Information and Regulatory Affairs, Room 10102 (Docket Library), Washington, DC 20503, ATTENTION: Docket Librarian. All comments should be specific, indicating which part of the questionnaire is objectionable, describing the concern in detail, and including specific suggested revisions or language changes. Copies of any comments should be provided to Kirit Amin, Chief Information Officer, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, who is the Commission's designated Senior Official under the Paperwork Reduction Act.

    General information concerning the Commission may also be obtained by accessing its Internet address (https://www.usitc.gov). Hearing-impaired individuals are advised that information on this matter can be obtained by contacting the TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Secretary at 202-205-2000.

    By order of the Commission.

    Issued: August 23, 2016. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2016-20567 Filed 8-26-16; 8:45 am] BILLING CODE 7020-02-P
    DEPARTMENT OF JUSTICE [Docket No. OIP-0002] Notice of Chief Freedom of Information Act Officer Council Meeting AGENCY:

    Department of Justice.

    ACTION:

    Notice of Chief FOIA Officer Council meeting.

    SUMMARY:

    In accordance with the Freedom of Information Act (5 U.S.C. 552(k), DOJ announces the second meeting of the Chief FOIA Officer Council. Additional details about the meeting will be announced on OIP's Web sites at: https://www.justice.gov/oip.

    DATES:

    The meeting will be on September 15, 2016, at 10:00 a.m. EDT. You must register for the meeting by 5:00 p.m. EDT on September 7, 2016.

    ADDRESSES:

    GSA Central Office, 1800 F Street NW., Washington, DC 20405.

    FOR FURTHER INFORMATION CONTACT:

    OIP by mail at Department of Justice; Office of Information Policy; 1425 New York Avenue NW., Suite 11050, Washington, DC 20530-001, by telephone at 202-514-3642, or by email at [email protected] with the subject line: “Chief FOIA Officer Council.”

    SUPPLEMENTARY INFORMATION:

    Additional details about the meeting will be announced on OIP's Web sites at: https://www.justice.gov/oip. Additional Information: The Council welcomes the attendance of the public at this meeting and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations, please indicate your requirements on the online registration form.

    Dated: August 23, 2016. Carmen L. Mallon, Chief of Staff, Office of Information Policy.
    [FR Doc. 2016-20612 Filed 8-26-16; 8:45 am] BILLING CODE 4410-BE-P
    DEPARTMENT OF LABOR Bureau of Labor Statistics Intent To Renew the Bureau of Labor Statistics Data Users Advisory Committee

    The Secretary of Labor is announcing the intent to renew a Federal Advisory Committee. In accordance with the provisions of the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2, the Secretary of Labor has determined that the renewal of the Bureau of Labor Statistics Data Users Advisory Committee (the “Committee”) is in the public interest in connection with the performance of duties imposed upon the Commissioner of Labor Statistics by 29 U.S.C. 1 and 2. This determination follows consultation with the Committee Management Secretariat, General Services Administration.

    The Committee provides advice to the Bureau of Labor Statistics from the points of view of data users from various sectors of the U.S. economy, including the labor, business, research, academic and government communities, on matters related to the analysis, dissemination, and use of the Bureau's statistics, on its published reports, and on gaps between or the need for new Bureau statistics.

    The Committee will function solely as an advisory body to the BLS, on technical topics selected by the BLS.

    The Committee is responsible for providing the Commissioner of Labor Statistics: (1) The priorities of data users; (2) suggestions concerning the addition of new programs, changes in the emphasis of existing programs or cessation of obsolete programs; and (3) advice on potential innovations in data analysis, dissemination and presentation. The Committee reports to the Commissioner of Labor Statistics, Bureau of Labor Statistics, U.S. Department of Labor.

    The Committee will not exceed 20 members. Committee members are nominated by the Commissioner of Labor Statistics and approved by the Secretary of Labor. Membership of the Committee will represent a balance of expertise across a broad range of BLS program areas, including employment and unemployment statistics, occupational safety and health statistics, compensation measures, price indexes, and productivity measures; or other areas related to the subject matter of BLS programs. All committee members will have extensive research or practical experience using BLS data. The Committee will function solely as an advisory body, in compliance with the provisions of the Federal Advisory Committee Act. The Charter will be filed under the Federal Advisory Committee Act.

    FOR FURTHER INFORMATION CONTACT:

    Lisa Fieldhouse, Office of the Commissioner, Bureau of Labor Statistics, telephone: 202-691-5025, email: [email protected]

    Signed at Washington, DC, this 24th day of August 2016. Kimberley D. Hill, Chief, Division of Management Systems, Bureau of Labor Statistics.
    [FR Doc. 2016-20640 Filed 8-26-16; 8:45 am] BILLING CODE 4510-24-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 be submitting the following information collection requests 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 28, 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, Suite 5067, 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: 3133-0004.

    Type of Review: Revision of a previously approved collection.

    Title: NCUA Call Report and Profile.

    Form: NCUA Forms 5300 and 4501A.

    Abstract: NCUA Form 5300, Call Report, is used to file quarterly financial and statistical data and NCUA Form 4501A, Credit Union Profile, is used to obtain non-financial data relevant to regulation and supervision such as the names of senior management and volunteer officials, and are reported through NCUA's on-line portal, Credit Unions Online. This information collection is being revised to remove data elements associated with the reporting of Credit Union Service Organizations (CUSO). In early 2016, reporting of CUSOs was conducted separately from the Call Report and Profile through the new CUSO Registry portal (OMB No. 3133-0149). To eliminate duplicate reporting and reduce the burden associated with this collection, NCUA is removing the CUSO identification section from the Call Report and reporting of CUSO usage from the Profile.

    Affected Public: Private Sector: Not-for-profit institutions.

    Estimated Annual Burden Hours: 144,504.

    OMB Number: 3133-0032.

    Type of Review: Extension of a previously approved collection.

    Title: Records Preservation, 12 CFR part 749.

    Abstract: Part 749 requires all federally insured credit unions (FICUs) to maintain a records preservation program. The program must be in writing and include a schedule for the storage and destruction of records and emergency contact information for employees, officials, regulatory offices, and vendors used to support vital records. The records preservation program requirement enables FICUs to reconstruct their vital records in the event records are destroyed by a catastrophe and facilitates restoration of vital member services.

    Affected Public: Private Sector: Not-for-profit institutions.

    Estimated Annual Burden Hours: 12,074.

    OMB Number: 3133-0059.

    Type of Review: Extension of a previously approved collection.

    Title: Supervisory Committee Audits and Verifications, 12 CFR part 715.

    Abstract: Part 715 prescribes the responsibilities of the supervisory committee to obtain an audit of the credit union and verification of member accounts. A supervisory committee audit is required at least once every calendar year covering the period since the last audit and to conduct a verification of members' accounts not less frequently than once every two years. The information is used by both the credit union and the NCUA to ensure through audit testing that the credit union's assets, liabilities, equity, income, and expenses exist, are properly valued, controlled and meet ownership, disclosure and classification requirements of sound financial reporting.

    Affected Public: Private Sector: Not-for-profit institutions.

    Estimated Annual Burden Hours: 38,693.

    OMB Number: 3133-0114.

    Type of Review: Extension of a previously approved collection.

    Title: Payments on Shares by Public Units and Nonmembers.

    Abstract: Under § 701.32, a Federal Credit Union may receive from public units and political subdivisions (as defined in § 754.1) and nonmember credit unions, payments on shares. Limitations on nonmember and public unit deposits in federally insured credit unions is 20 percent of their shares or $3 million, whichever is greater. The information collection requirements is for those credit unions seeking an exemption from the nonmember deposit limit must adopt a specific written plan concerning the intended use of those shares and submit along with their lending and investment policies to the NCUA Regional Director. NCUA uses this information to determine whether or not a particular credit union will be granted an exemption to the limit on nonmember and public unit deposits.

    Affected Public: Private Sector: Not-for-profit institutions.

    Estimated Annual Burden Hours: 82.

    By Gerard Poliquin, Secretary of the Board, the National Credit Union Administration, on August 24, 2016.

    Dated: August 24, 2016. Dawn D. Wolfgang, NCUA PRA Clearance Officer.
    [FR Doc. 2016-20649 Filed 8-26-16; 8:45 am] BILLING CODE 7535-01-P
    NATIONAL CREDIT UNION ADMINISTRATION Agency Information Collection Activities: Proposed Collection; Comment Request; Contractor Profile AGENCY:

    National Credit Union Administration (NCUA).

    ACTION:

    Notice and request for comment.

    SUMMARY:

    NCUA, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on a new collection of information, as required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35).

    DATES:

    Written comments should be received on or before October 28, 2016 to be assured consideration.

    ADDRESSES:

    Interested persons are invited to submit written comments on the information collection to Dawn Wolfgang, National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314, Suite 5067; Fax No. 703-519-8579; or Email at [email protected].

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information should be directed to the address above.

    SUPPLEMENTARY INFORMATION:

    OMB Number: 3133-NEW.

    Title: Contractor Profile.

    Abstract: In January 2011, NCUA created the Office of Minority and Women Inclusion (OMWI), as mandated by sec. 342 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Act”) (Pub. L. 111-203). As prescribed by sec. 342(c) of the Act, OMWIs shall develop and implement standards and procedures to ensure the fair inclusions and utilization of minorities, women, and minority-owned and women-owned business in all business and activities of the agency at all levels, including in procurement, insurance, and all types of contracts. NCUA has developed the Contractor Profile form that will be completed by a contractor to ensure the fair inclusion and utilization of minorities and women in the workforce of the contractor and, as applicable, subcontractor. The Contractor Profile form will include a series of questions covering a contractor's, and, as applicable, a subcontractor's diversity strategies, policies, recruitment, succession planning, and outreach. The information provided will be used by NCUA to determine if good faith efforts are met and to fulfill statutory requirements of the Act. Determinations are valid for a two-year period.

    Type of Review: New collection.

    Affected Public: Private Sector: Businesses or other for-profits.

    Estimated No. of Respondents: 50.

    Estimated Annual Frequency: 1.

    Estimated Annual No. of Responses: 50.

    Estimated Burden Hours per Response: 0.75.

    Estimated Total Annual Burden Hours: 38.

    Request for Comments: Comments submitted in response to this notice will be summarized and included in the request for Office of Management and Budget approval. All comments will become a matter of public record. The public is invited to submit comments concerning: (a) Whether the collection of information is necessary for the proper performance of the function of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of the burden of the collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of the information on the respondents, including the use of automated collection techniques or other forms of information technology.

    By Gerard Poliquin, Secretary of the Board, the National Credit Union Administration, on August 24, 2016.

    Dated: August 24, 2016. Dawn D. Wolfgang, NCUA PRA Clearance Officer.
    [FR Doc. 2016-20650 Filed 8-26-16; 8:45 am] BILLING CODE 7535-01-P
    NATIONAL TRANSPORTATION SAFETY BOARD Sunshine Act Meeting TIME AND DATE:

    9:30 a.m., Tuesday, September 13, 2016.

    PLACE:

    NTSB Conference Center, 429 L'Enfant Plaza SW., Washington, DC 20594.

    STATUS:

    The two items are open to the public.

    MATTERS TO BE CONSIDERED:

    8780 Aircraft Accident Report—Runway Excursion During Landing, Delta Air Lines Flight 1086, Boeing MD-88, N909DL, New York, New York, March 5, 2015.

    8628A Safety Study—An Assessment of the Effectiveness of the U.S. Coast Guard Vessel Traffic Service System.

    NEWS MEDIA CONTACT:

    Telephone: (202) 314-6100.

    The press and public may enter the NTSB Conference Center one hour prior to the meeting for set up and seating.

    Individuals requesting specific accommodations should contact Rochelle Hall at (202) 314-6305 or by email at [email protected] by Wednesday, September 7, 2016.

    The public may view the meeting via a live or archived webcast by accessing a link under “News & Events” on the NTSB home page at www.ntsb.gov.

    Schedule updates, including weather-related cancellations, are also available at www.ntsb.gov.

    FOR MORE INFORMATION CONTACT:

    Candi Bing at (202) 314-6403 or by email at [email protected]

    FOR MEDIA INFORMATION CONTACT:

    Terry Williams at (202) 314-6100 or by email at [email protected]

    Dated: August 25, 2016. Candi R. Bing, Federal Register Liaison Officer.
    [FR Doc. 2016-20761 Filed 8-25-16; 11:15 am] BILLING CODE 7533-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2016-0060] Information Collection: NRC Form 237, Request for Access Authorization AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Notice of submission to the Office of Management and Budget; request for comment.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) has recently submitted a renewal of an existing collection of information to the Office of Management and Budget (OMB) for review. The information collection is entitled, “NRC Form 237, Request for Access Authorization.”

    DATES:

    Submit comments by September 28, 2016.

    ADDRESSES:

    Submit comments directly to the OMB reviewer at: Vlad Dorjets, Desk Officer, Office of Information and Regulatory Affairs (3150-0050), NEOB-10202, Office of Management and Budget, Washington, DC 20503; telephone: 202-395-7315, email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    David Cullison, NRC Clearance Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2084; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Obtaining Information and Submitting Comments A. Obtaining Information

    Please refer to Docket ID NRC-2016-0060 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0060.

    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 supporting statement is available in ADAMS under Accession ML16197A555.

    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.

    NRC's Clearance Officer: A copy of the collection of information and related instructions may be obtained without charge by contacting the NRC's Clearance Officer, David Cullison, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2084; email: [email protected]

    B. Submitting Comments

    The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed in your comment submission. All comment submissions are posted at http://www.regulations.gov and entered into ADAMS. Comment submissions are not routinely edited to remove identifying or contact information.

    If you are requesting or aggregating comments from other persons for submission to the OMB, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that comment submissions are not routinely edited to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.

    II. Background

    Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the NRC recently submitted a request for renewal of an existing collection of information to OMB for review entitled, “NRC Form 237, Request for Access Authorization.” The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    The NRC published a Federal Register notice with a 60-day comment period on this information collection on April 15, 2016 (81 FR 22321).

    1. The title of the information collection: “NRC Form 237, Request for Access Authorization.”

    2. OMB approval number: 3150-0050.

    3. Type of submission: Extension.

    4. The form number if applicable: NRC Form 237.

    5. How often the collection is required or requested: On occasion.

    6. Who will be required or asked to respond: NRC contractors, subcontractors, licensee employees, employees of other government agencies, and other individuals who are not NRC employees.

    7. The estimated number of annual responses: 350.

    8. The estimated number of annual respondents: 350.

    9. An estimate of the total number of hours needed annually to comply with the information collection requirement or request: 70.

    10. Abstract: NRC Form 237 is completed by NRC contractors, subcontractors, licensee employees, employees of other government agencies, and other individuals who are not NRC employees who require an NRC access authorization.

    Dated at Rockville, Maryland, this 23rd day of August, 2016.

    For the Nuclear Regulatory Commission.

    David Cullison, NRC Clearance Officer, Office of the Chief Information Officer.
    [FR Doc. 2016-20563 Filed 8-26-16; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2015-0280] Information Collection: Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear Material AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Notice of submission to the Office of Management and Budget; request for comment.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) has recently submitted a request for renewal of an existing collection of information to the Office of Management and Budget (OMB) for review. The information collection is entitled, “Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear Material.”

    DATES:

    Submit comments by September 28, 2016.

    ADDRESSES:

    Submit comments directly to the OMB reviewer at: Vlad Dorjets, Desk Officer, Office of Information and Regulatory Affairs (3150-0062), NEOB-10202, Office of Management and Budget, Washington, DC 20503; telephone: 202-395-7315, email: [email protected].

    FOR FURTHER INFORMATION CONTACT:

    David Cullison, NRC Clearance Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2084; email: [email protected].

    SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information

    Please refer to Docket ID NRC-2015-0280 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC 2015-0280. A copy of the collection of information and related instructions may be obtained without charge by accessing Docket ID NRC-2015-0280 on this Web site.

    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 supporting statement is available in ADAMS under Accession ML16222A303.

    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.

    NRC's Clearance Officer: A copy of the collection of information and related instructions may be obtained without charge by contacting the NRC's Clearance Officer, David Cullison, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2084; email: [email protected].

    B. Submitting Comments

    The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed in your comment submission. All comment submissions are posted at http://www.regulations.gov and entered into ADAMS. Comment submissions are not routinely edited to remove identifying or contact information.

    If you are requesting or aggregating comments from other persons for submission to the OMB, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that comment submissions are not routinely edited to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.

    II. Background

    Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the NRC recently submitted a request for renewal of an existing collection of information to OMB for review entitled, “Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear Material.” The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    The NRC published a Federal Register notice with a 60-day comment period on this information collection on May 4, 2016, (81 FR 26836).

    1. The title of the information collection: 10 CFR part 11, “Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear Material.”

    2. OMB approval number: 3150-0062.

    3. Type of submission: Extension.

    4. The form number if applicable: N/A.

    5. How often the collection is required or requested: On Occasion.

    6. Who will be required or asked to respond: Employees (including applicants for employment), contractors, and consultants of NRC licensees and contractors whose activities involve access to, or control over, special nuclear material at either fixed sites or for transportation activities.

    7. The estimated number of annual responses: 328 (326 reporting responses + 2 recordkeepers).

    8. The estimated number of annual respondents: 2.

    9. An estimate of the total number of hours needed annually to comply with the information collection requirement or request: 81.9

    10. Abstract: The NRC's regulations in part 11 of title 10 of the Code of Federal Regulations (10 CFR), establish requirements for access to special nuclear material, and the criteria and procedures for resolving questions concerning the eligibility of individuals to receive special nuclear material access authorization. The specific part 11 requirements covered under this OMB clearance include requests for exemptions to part 11 requirements, amendments to security plans that require incumbents to have material access authorizations, access authorization cancellations. In addition, licensees must keep records of the names and access authorization numbers of certain individuals assigned to shipments of special nuclear material. The information required by 10 CFR part 11 is needed to establish control over and maintain records of who is properly authorized to safeguard and have access to special nuclear material. Not knowing this information could cause harm to the public and national security.

    Dated at Rockville, Maryland, this 23rd of August, 2016.

    For the Nuclear Regulatory Commission.

    David Cullison, NRC Clearance Officer, Office of the Chief Information Officer.
    [FR Doc. 2016-20564 Filed 8-26-16; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2015-0257] Information Collection: NRC Form 277, Request for Visit AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Notice of submission to the Office of Management and Budget; request for comment.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) has recently submitted a renewal of an existing collection of information to the Office of Management and Budget (OMB) for review. The information collection is entitled, “NRC Form 277, Request for Visit.”

    DATES:

    Submit comments by September 28, 2016.

    ADDRESSES:

    Submit comments directly to the OMB reviewer at: Vlad Dorjets, Desk Officer, Office of Information and Regulatory Affairs (3150-0051), NEOB-10202, Office of Management and Budget, Washington, DC 20503; telephone: 202-395-7315, email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    David Cullison, NRC Clearance Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2084; email: [email protected]

    SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information

    Please refer to Docket ID NRC-2015-0257 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0257.

    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 supporting statement is available in ADAMS under Accession No. ML16200A112.

    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.

    NRC's Clearance Officer: A copy of the collection of information and related instructions may be obtained without charge by contacting the NRC's Clearance Officer, David Cullison, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2084; email: [email protected]

    B. Submitting Comments

    The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed in your comment submission. All comment submissions are posted at http://www.regulations.gov and entered into ADAMS. Comment submissions are not routinely edited to remove identifying or contact information.

    If you are requesting or aggregating comments from other persons for submission to the OMB, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that comment submissions are not routinely edited to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.

    II. Background

    Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the NRC recently submitted a request for renewal of an existing collection of information to OMB for review entitled, “NRC Form 277, Request for Visit.” The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    The NRC published a Federal Register notice with a 60-day comment period on this information collection on March 31, 2016, (81 FR 18650).

    1. The title of the information collection: NRC Form 277, Request for Visit.

    2. OMB approval number: 3150-0051.

    3. Type of submission: Extension.

    4. The form number if applicable: NRC Form 277.

    5. How often the collection is required or requested: As needed.

    6. Who will be required or asked to respond: Licensees and NRC contractors.

    7. The estimated number of annual responses: 60.

    8. The estimated number of annual respondents: 60.

    9. An estimate of the total number of hours needed annually to comply with the information collection requirement or request: 10 hours.

    10. Abstract: NRC Form 277 is completed by NRC contractors and licensees who have been granted an NRC access authorization and require verification of that access authorization and need-to-know due to (1) a visit to NRC (2) a visit to other contractors/licensees or government agencies in which access to classified information will be involved or (3) unescorted area access is desired.

    Dated at Rockville, Maryland, this 23rd day of August, 2016.

    For the Nuclear Regulatory Commission.

    David Cullison, NRC Clearance Officer, Office of the Chief Information Officer.
    [FR Doc. 2016-20562 Filed 8-26-16; 8:45 am] BILLING CODE 7590-01-P
    RAILROAD RETIREMENT BOARD Proposed Collection; Comment Request

    Summary: In accordance with the requirement of Section 3506 (c)(2)(A) of the Paperwork Reduction Act of 1995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board (RRB) will publish periodic summaries of proposed data collections.

    Comments are invited on: (a) Whether the proposed information collection is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the RRB's estimate of the burden of the collection of the information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology.

    Title and purpose of information collection: Vocational Report; OMB 3220-0141.

    Section 2 of the Railroad Retirement Act (RRA) provides for payment of disability annuities to qualified employees and widow(ers). The establishment of permanent disability for work in the applicant's “regular occupation” or for work in any regular employment is prescribed in 20 CFR 220.12 and 220.13 respectively.

    The RRB utilizes Form G-251, Vocational Report, to obtain an applicant's work history. This information is used by the RRB to determine the effect of a disability on an applicant's ability to work. Form G-251 is designed for use with the RRB's disability benefit application forms and is provided to all applicants for employee disability annuities and to those applicants for a widow(er)'s disability annuity who indicate that they have been employed at some time.

    The RRB recently received short-term approval of a Request for Emergency Clearance from the Office of Management and Budget for this information collection. In response to that request the RRB received comments from 3 railroad labor organizations commenting on the RRB's action. The comments centered on the collection of information associated with the following items:

    • Item 12, “Describe the essential duties of the position”: Comments received preferred the use of the term “basic” rather than “essential” stating the use of “essential” duties “is subjective, and could mislead an employee to inadvertently fail to list something that may be significant to the Board's examiner.”

    • Item 13, “Describe the environmental conditions that the position exposes you to”: Comments received preferred the use of the term “hazards” rather than “conditions” stating that the use of the term “conditions” may lead the employee respondent and the RRB claim examiners to different conclusions simply by changing the terms used, i.e., “a hazard explains a present danger, or more importantly, a risk to the employee's life, health or safety. A condition, on the other hand, could be anything that either carries risk with it or is benign in nature.”

    • Item 14, “Indicate below the kind and amount of physical activity this job involved during a typical 8-hour workday”: Comments received stated that many railroad operating employees do not have a routine day or typical work day and that the question does not adequately provide for employees “who are subject to duty periods of 12 hours.”

    • Item 15, “Has your employer made permanent adjustments to this job to accommodate you”: Comments ranged from the question “asks an employee to speculate on the kind of accommodations an employer has made to accommodate them” to “employees may receive informal or temporary accommodations that do not rise to the level of a permanent accommodation.” Additional comments expressed concern that RRB examiners may interpret non-permanent accommodations as an indicator that an employee may not have a disability.

    RRB staff responded to the railroad labor organizations' comments, specifically with regard to:

    • Item 12: Whereas it was acknowledged that the use of either term “essential” or “basic” can be subjective, the RRB decided to use the term “essential” to address any allegations that the RRB awards disability benefits to individuals if they are incapable of performing a simple non-essential task. If a duty is unintentionally omitted, the RRB believes the information requested in subsequent questions 13 and 14 will capture that information. Lastly, the RRB assured commenters that the appropriate legal standard will be applied when adjudicating a disability application.

    • Item 13: Use of the term “conditions” provides an RRB claims examiner with all the environmental conditions that an applicant is exposed to, not just the environmental hazards. It is intended to be inclusive and capture the essence of all experiences at work, whether they are hazardous or benign in nature.

    • Item 14: The purpose of the question is to provide the RRB examiner with an understanding of the types of physical activities required in the performance of the applicant's jobs. The RRB uses 8 hours as the typical work schedule to estimate the hours worked daily by an employee. However, the instructions to Item 14 provide the employee the option to check the exact number of hours worked daily.

    • Item 15: A work accommodation can be relevant in determining whether an individual is disabled. The RRB determined, consistent with RRB Legal Opinion 98-15, that accommodations are to be taken into consideration if they are essential to the performance of the employee's particular occupation and only if the accommodated job was performed consistently for at least 5 years. Item 15, allows the RRB to gather specific information about whether accommodations provided should be considered in accordance with Legal Opinion 98-15. Applicants are not asked to speculate about accommodations, but to provide information about accommodations actually put into effect.

    After a careful and thorough evaluation of the comments received, the RRB is now moving forward with a standard renewal of the information collection. No changes are proposed to Form G-251. Completion is required to obtain or retain a benefit. One response is requested of each respondent.

    Estimate of Annual Respondent Burden Form No. Annual
  • responses
  • Time
  • (minutes)
  • Burden
  • (hours)
  • G-251 (with assistance) 5,730 40 3,820 G-251 (without assistance) 270 50 225 Total 6,000 4,045

    Additional Information or Comments: To request more information or to obtain a copy of the information collection justification, forms, and/or supporting material, contact Dana Hickman at (312) 751-4981 or [email protected]. Comments regarding the information collection should be addressed to Charles Mierzwa, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611-2092 or emailed to [email protected]. Written comments should be received within 60 days of this notice.

    Charles Mierzwa, Chief of Information Resources Management.
    [FR Doc. 2016-20675 Filed 8-26-16; 8:45 am] BILLING CODE 7905-01-P
    SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon Written Request Copies Available From:Securities and Exchange Commission, Office of FOIA Services, 100 F Street NE., Washington, DC 20549-2736 Extension: Regulation S SEC File No. 270-315, OMB Control No. 3235-0357

    Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission (“Commission”) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval.

    Regulation S (17 CFR 230.901 through 230.905) sets forth rules governing offers and sales of securities made outside the United States without registration under the Securities Act of 1933 (15 U.S.C. 77a et seq.). Regulation S clarifies the extent to which Section 5 of the Securities Act applies to offers and sales of securities outside of the United States. Regulation S is assigned one burden hour for administrative convenience.

    Written comments are invited on: (a) Whether this collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of the burden imposed by the collection of information; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Consideration will be given to comments and suggestions submitted in writing within 60 days of this publication.

    An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid control number.

    Please direct your written comments to Pamela Dyson, Director/Chief Information Officer, Securities and Exchange Commission, c/o Remi Pavlik-Simon, 100 F Street NE., Washington, DC 20549; or send an email to: [email protected]

    Dated: August 23, 2016. Robert W. Errett, Deputy Secretary.
    [FR Doc. 2016-20570 Filed 8-26-16; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-78643; File No. SR-BatsBZX-2016-34] Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change to BZX Rule 14.11(i), Managed Fund Shares, To List and Trade Shares of the ProShares Crude Oil Strategy ETF August 23, 2016.

    On July 1, 2016, Bats BZX Exchange, Inc. (“BZX”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder,2 a proposed rule change to list and trade shares of the ProShares Crude Oil Strategy ETF, a series of ProShares Trust, under Rule 14.11(i). The proposed rule change was published for comment in the Federal Register on July 21, 2016.3 The Commission has received no comment letters on the proposed rule change.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3See Securities Exchange Act Release No. 78346 (July 15, 2016), 81 FR 47475.

    Section 19(b)(2) of the Act 4 provides that, within 45 days of the publication of notice of the filing of a proposed rule change, or within such longer period up to 90 days as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or as to which the self-regulatory organization consents, the Commission shall either approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether the proposed rule change should be disapproved. The Commission is extending this 45-day time period. The Commission finds that it is appropriate to designate a longer period within which to take action on the proposed rule change so that it has sufficient time to consider the proposed rule change.

    4 15 U.S.C. 78s(b)(2).

    Accordingly, the Commission, pursuant to Section 19(b)(2) of the Act,5 designates October 19, 2016, as the date by which the Commission shall either approve or disapprove or institute proceedings to determine whether to disapprove the proposed rule change (File Number SR-BatsBZX-2016-34).

    5Id.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.6

    6 17 CFR 200.30-3(a)(31).

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2016-20574 Filed 8-26-16; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-78642; File No. SR-NASDAQ-2016-071] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order Approving a Proposed Rule Change, as Modified by Amendment No. 1, To List and Trade Shares of the First Trust CEF Income Opportunity ETF and the First Trust Municipal CEF Income Opportunity ETF August 23, 2016. I. Introduction

    On May 10, 2016, The NASDAQ Stock Market LLC (“Nasdaq” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Exchange Act”),1 and Rule 19b-4 thereunder,2 a proposed rule change to list and trade shares (“Shares”) of the First Trust CEF Income Opportunity ETF (“CEF Income Opportunity Fund”) and First Trust Municipal CEF Income Opportunity ETF (“Municipal CEF Income Opportunity Fund” and collectively, “Funds”) under Nasdaq Rule 5735. On May 20, 2016, the Exchange submitted Amendment No. 1 to the proposed rule change.3 The Commission published notice of the proposed rule change, as modified by Amendment No. 1, in the Federal Register on May 31, 2016.4 The Commission received one comment letter on the proposed rule change.5 This order approves the proposed rule change, as modified by Amendment No. 1.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3 Amendment No. 1 is available at https://www.sec.gov/comments/sr-nasdaq-2016-71/nasdaq2016071-2.pdf.

    4See Securities Exchange Act Release No. 77895 (May 24, 2016), 81 FR 34407 (NASDAQ-2016-071) (“Notice”).

    5See letter from Stephanie Price, dated May 31, 2016. Because the comment is not directly relevant to the proposed rule change, the Commission does not address the comment herein.

    II. The Exchange's Description of the Proposal 6

    6 Additional information regarding the Fund, the Shares, and the Trust (as defined herein), including investment strategies, investment restrictions, risks, creation and redemption procedures, fees, portfolio holdings, disclosure policies, calculation of net asset value (“NAV”), distributions, and taxes, among other things, can be found in the Notice and the Registration Statement, as applicable. See Notice, supra note 4, and Registration Statement, infra note 7.

    The Exchange proposes to list and trade the Shares under Nasdaq Rule 5735, which governs the listing and trading of Managed Fund Shares on the Exchange. The Shares will be offered by First Trust Exchange-Traded Fund VIII (“Trust”), which was established as a Massachusetts business trust on February 22, 2016.7 The investment advisor to the Funds will be First Trust Advisors L.P. (“Adviser”).8 The Distributor will be the principal underwriter and distributor of the Shares. The Bank of New York Mellon Corporation will act as the administrator, accounting agent, custodian and transfer agent to the Funds.

    7 The Trust is registered with the Commission as an investment company and has filed a registration statement on Form N-1A (“Registration Statement”) with the Commission. See Registration Statement on Form N-1A for the Trust, dated March 14, 2016 (File Nos. 333-210186 and 811-23147). In addition, the Exchange states that the Commission has issued an order, upon which the Trust may rely, granting certain exemptive relief under the 1940 Act. See Investment Company Act Release No. 28468 (October 27, 2008) (File No. 812-13477).

    8 The Adviser is not a broker-dealer, but it is affiliated with First Trust Portfolios L.P. (“Distributor”), a broker-dealer, and has implemented and will maintain a fire wall with respect to its broker-dealer affiliate regarding access to information concerning the composition and/or changes to a portfolio. The Funds do not currently intend to use a sub-adviser. In the event (a) the Adviser or any sub-adviser registers as a broker-dealer, or becomes newly affiliated with a broker-dealer, or (b) any new adviser or sub-adviser is a registered broker-dealer or becomes affiliated with another broker-dealer, it will implement and will maintain a fire wall with respect to its relevant personnel and/or such broker-dealer affiliate, as applicable, regarding access to information concerning the composition and/or changes to a portfolio and will be subject to procedures designed to prevent the use and dissemination of material non-public information regarding such portfolio. In addition, personnel who make decisions on each Fund's portfolio composition will be subject to procedures designed to prevent the use and dissemination of material non-public information regarding such Fund's portfolio.

    Principal Investments of the Funds

    The investment objective of the CEF Income Opportunity Fund will be to seek to provide current income with a secondary emphasis on total return. Under normal market conditions,9 the CEF Income Opportunity Fund will seek to achieve its investment objective by investing at least 80% of its net assets in closed-end funds.10

    9 The term “under normal market conditions” includes, but is not limited to, the absence of adverse market, economic, political, or other conditions, including extreme volatility or trading halts in the securities markets or the financial markets generally; operational issues causing dissemination of inaccurate market information; or force majeure type events such as systems failure, natural or man-made disaster, act of God, armed conflict, act of terrorism, riot or labor disruption or any similar intervening circumstance.

    10 The closed-end funds in which each Fund invests (“Closed-End Funds”) will be registered under the 1940 Act and listed and traded in the U.S. on registered exchanges.

    The investment objective of the Municipal CEF Income Opportunity Fund will be to seek to provide current income. Under normal market conditions, the Municipal CEF Income Opportunity Fund will seek to achieve its investment objective by investing at least 80% of its net assets (including investment borrowings) in a portfolio of municipal closed-end funds.

    Non-Principal Investments for Each Fund

    While under normal market conditions each Fund will invest at least 80% of its net assets as described above, each Fund may invest (in the aggregate) up to 20% of its net assets in the following securities and instruments.

    Each Fund may invest in exchange-traded funds (“ETFs”) 11 and exchange-traded notes (“ETNs”).12

    11 ETFs held by either Fund will be listed and traded on a national securities exchange. Each Fund may invest in inverse ETFs; neither Fund will invest in leveraged or inverse leveraged (e.g., 2X or -3X) ETFs. See Notice, supra note 4, 81 FR 34409, n.10.

    12 The Exchange represents that while the Funds may invest in inverse ETNs, the Funds will not invest in leveraged or inverse leveraged (e.g., 2X or -3X) ETNs. See id. at 34409, n.11.

    Each Fund may invest in money market mutual funds that will be investment companies registered under the 1940 Act.

    Each Fund may hold cash or invest in the following short-term debt instruments: 13 (1) Fixed rate and floating rate U.S. government securities, including bills, notes and bonds differing as to maturity and rates of interest, which are either issued or guaranteed by the U.S. Treasury or by U.S. government agencies or instrumentalities; (2) certificates of deposit issued against funds deposited in a bank or savings and loan association; (3) bankers' acceptances, which are short-term credit instruments used to finance commercial transactions; (4) repurchase agreements,14 which involve purchases of debt securities; (5) bank time deposits, which are monies kept on deposit with banks or savings and loan associations for a stated period of time at a fixed rate of interest; and (6) commercial paper, which is short-term unsecured promissory notes.15

    13 The Exchange represents that these short-term debt instruments will be issued by issuers having a long-term debt rating of at least BBB-/Baa3 by Standard & Poor's Ratings Services, a Division of The McGraw-Hill Companies, Inc., Moody's Investors Service, Inc. or Fitch Ratings and will have a maturity of one year or less. See id. at 34409, n.12.

    14 The Exchange states that each Fund intends to enter into repurchase agreements only with financial institutions and dealers believed by the Adviser to present minimal credit risks in accordance with criteria approved by the Board of Trustees of the Trust. The Adviser will review and monitor the creditworthiness of such institutions. The Adviser will monitor the value of the collateral at the time the transaction is entered into and at all times during the term of the repurchase agreement. See id. at 34409, n.13.

    15 The Exchange represents that each Fund may only invest in commercial paper rated A-1 or higher by S&P Ratings, Prime-1 or higher by Moody's or F1 or higher by Fitch. See id. at 34409, n.14.

    III. Discussion and Commission Findings

    After careful review, the Commission finds that the Exchange's proposal to list and trade the Shares is consistent with the Exchange Act and the rules and regulations thereunder applicable to a national securities exchange.16 In particular, the Commission finds that the proposed rule change, as modified by Amendment No. 1, is consistent with Section 6(b)(5) of the Exchange Act,17 which requires, among other things, that the Exchange's rules be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. The Commission also finds that the proposal to list and trade the Shares on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the Exchange Act,18 which sets forth Congress's finding that it is in the public interest and appropriate for the protection of investors and the maintenance of fair and orderly markets to assure the availability to brokers, dealers, and investors of information with respect to quotations for and transactions in securities.

    16 In approving this proposed rule change, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f).

    17 15 U.S.C. 78f(b)(5).

    18 15 U.S.C. 78k-1(a)(1)(C)(iii).

    The Commission believes that the proposal to list and trade the Shares is reasonably designed to promote fair disclosure of information that may be necessary to price the Shares appropriately and to prevent trading when a reasonable degree of transparency cannot be assured. As stated in the Notice, the Exchange will obtain a representation from the issuer of the Shares that the NAV per Share will be calculated daily and that the NAV and the Disclosed Portfolio will be made available to all market participants at the same time. According to the Exchange, quotation and last-sale information for the Shares will be available via Nasdaq proprietary quote and trade services, as well as in accordance with the Unlisted Trading Privileges and the Consolidated Tape Association (“CTA”) plans for the Shares. Quotation and last-sale information for the Closed-End Funds, ETFs, and ETNs will be available from the exchanges on which they are traded as well as in accordance with any applicable CTA plans. Pricing information for short-term U.S. government securities, commercial paper, bankers' acceptances, repurchase agreements, bank time deposits, and certificates of deposit will be available from major broker-dealer firms and/or major market data vendors or pricing services. Pricing information for Closed-End Funds, ETFs, and ETNs will be available from the applicable listing exchange (as indicated above) and from major market data vendors. Prices for money market mutual funds will be available through the applicable fund's Web site or from major market data vendors. In addition, for each Fund, an estimated value, defined in Exchange Rule 5735(c)(3) as the “Intraday Indicative Value,” that reflects an estimated intraday value of the Fund's Disclosed Portfolio, will be disseminated. Moreover, the Intraday Indicative Value, available on the NASDAQ OMX Information LLC proprietary index data service,19 will be based upon the current value for the components of the Disclosed Portfolio and will be updated and widely disseminated by one or more major market data vendors and broadly displayed at least every 15 seconds during the Regular Market Session.20

    19 The Exchange states that the NASDAQ OMX Global Index Data Service (“GIDS”) is the Nasdaq global index data feed service, offering real-time updates, daily summary messages, and access to widely followed indexes and Intraday Indicative Values for ETFs. See Notice, supra note 4, 81 FR at 34411, n.25.

    20 The Exchange states that premiums and discounts between the Intraday Indicative Value and the market price may occur, but that the dissemination of the Intraday Indicative Value, together with the Disclosed Portfolio, will allow investors to determine the value of the underlying portfolio of a Fund on a daily basis and will provide a close estimate of that value throughout the trading day. See id. at 34411.

    Nasdaq will halt trading in the Shares under the conditions specified in Nasdaq Rules 4120 and 4121, including the trading pauses under Nasdaq Rules 4120(a)(11) and (12). Trading may be halted because of market conditions or for reasons that, in the view of the Exchange, make trading in the Shares inadvisable.21 Trading in the Shares also will be subject to Rule 5735(d)(2)(D), which sets forth circumstances under which trading in the Shares may be halted.22

    21 These may include: (1) The extent to which trading is not occurring in the securities and/or the other assets constituting the Disclosed Portfolio of a Fund; or (2) whether other unusual conditions or circumstances detrimental to the maintenance of a fair and orderly market are present.

    22 The Exchange represents that it deems the Shares to be equity securities, thus rendering trading in the Shares subject to Nasdaq's existing rules governing the trading of equity securities. See id. at 34411.

    The Exchange represents that it has a general policy prohibiting the distribution of material, non-public information by its employees.23 Nasdaq Rule 5735(g) further requires that personnel who make decisions on the open-end fund's portfolio composition must be subject to procedures designed to prevent the use and dissemination of material non-public information regarding the open-end fund's portfolio. The Exchange states that the Adviser is not a broker-dealer, but it is affiliated with the Distributor, a broker-dealer, and has implemented and will maintain a fire wall with respect to its broker-dealer affiliate regarding access to information concerning the composition and/or changes to a portfolio. In the event (a) the Adviser or any sub-adviser registers as a broker-dealer, or becomes newly affiliated with a broker-dealer, or (b) any new adviser or sub-adviser is a registered broker-dealer or becomes affiliated with another broker-dealer, it will implement and will maintain a fire wall with respect to its relevant personnel or such broker-dealer affiliate, as applicable, regarding access to information concerning the composition and/or changes to a portfolio and will be subject to procedures designed to prevent the use and dissemination of material non-public information regarding such portfolio. In addition, personnel who make decisions on each Fund's portfolio composition will be subject to procedures designed to prevent the use and dissemination of material non-public information regarding such Fund's portfolio.24

    23See id. at 34412.

    24See supra, note 8.

    In support of this proposal, the Exchange has made the following representations:

    (1) The Shares will conform to the initial and continued listing criteria under NASDAQ Rule 5735.25

    25See Notice, supra note 4, 81 FR at 34412.

    (2) Trading in the Shares will be subject to the existing trading surveillances, administered by both Nasdaq and also the Financial Industry Regulatory Authority (“FINRA”) on behalf of the Exchange, and these procedures are adequate to properly monitor Exchange trading of the Shares in all trading sessions and to deter and detect violations of Exchange rules and applicable federal securities laws.26

    26See id. at 34411-12. FINRA surveils trading on the Exchange pursuant to a regulatory services agreement. The Exchange is responsible for FINRA's performance under this regulatory services agreement. See id. at 34412, n.27.

    (3) FINRA, on behalf of the Exchange, will communicate as needed regarding trading in the Shares and the Closed-End Funds, ETFs, and ETNs held by the Funds with other markets and other entities that are members of the Intermarket Surveillance Group (“ISG”), and FINRA may obtain trading information regarding trading in the Shares and such securities held by the Funds from such markets and other entities. In addition, the Exchange may obtain information regarding trading in the Shares and the Closed-End Funds, ETFs, and ETNs held by the Funds from markets and other entities that are members of ISG, which includes securities exchanges, or with which the Exchange has in place a comprehensive surveillance sharing agreement. Moreover, FINRA, on behalf of the Exchange, will be able to access, as needed, trade information for certain fixed income securities held by the Funds reported to FINRA's Trade Reporting and Compliance Engine.27

    27See id. at 34412.

    (4) The Closed-End Funds, ETFs, and ETNs held by the Funds will trade in markets that are members of ISG or are parties to a comprehensive surveillance sharing agreement with the Exchange.28

    28See Notice, supra note 4.

    (5) Prior to the commencement of trading, the Exchange will inform its members in an Information Circular of the special characteristics and risks associated with trading the Shares. Specifically, the Information Circular for each Fund will discuss the following: (1) The procedures for purchases and redemptions of Shares in Creation Units (and that Shares are not individually redeemable); (2) Nasdaq Rule 2111A, which imposes suitability obligations on Nasdaq members with respect to recommending transactions in the Shares to customers; (3) how information regarding the Intraday Indicative Value and the Disclosed Portfolio is disseminated; (4) the risks involved in trading the Shares during the Pre Market and Post Market Sessions when an updated Intraday Indicative Value will not be calculated or publicly disseminated; (5) the requirement that members deliver a prospectus to investors purchasing newly issued Shares prior to or concurrently with the confirmation of a transaction; and (6) trading information. The Information Circular will also discuss any exemptive, no-action and interpretive relief granted by the Commission from any rules under the Exchange Act.29

    29 Additionally, the Information Circular for each Fund will reference that such Fund is subject to various fees and expenses described in the Registration Statement. The Information Circular for each Fund will also disclose the trading hours of the Shares of such Fund and the applicable NAV Calculation Time for the Shares. See id.

    (6) For initial and continued listing, each Fund must be in compliance with Rule 10A-3 under the Exchange Act.30

    30 17 CFR 240.10A-3.

    (7) Shares of Closed-End Funds, ETFs, and ETNs held by a Fund will trade in markets that are members of ISG or are parties to a comprehensive surveillance sharing agreement with the Exchange.

    (8) The Funds will not invest in derivative instruments.

    (9) While the Funds may invest in inverse ETFs and ETNs, the Funds will not invest in leveraged or inverse leveraged ETFs or ETNs.31

    31See notes 11 and 12, supra.

    (10) Each Fund may hold up to an aggregate amount of 15% of its net assets in illiquid assets (calculated at the time of investment), deemed illiquid by the Adviser. Each Fund will monitor its portfolio liquidity on an ongoing basis to determine whether, in light of current circumstances, an adequate level of liquidity is being maintained, and will consider taking appropriate steps in order to maintain adequate liquidity if, through a change in values, net assets, or other circumstances, more than 15% of such Fund's net assets are held in illiquid assets. Illiquid assets include securities subject to contractual or other restrictions on resale and other instruments that lack readily available markets as determined in accordance with Commission staff guidance.

    (11) A minimum of 100,000 Shares will be outstanding at the commencement of trading on the Exchange.32

    32See id. at 34411.

    (12) All statements and representations made in this filing regarding (a) the description of the portfolios, (b) limitations on portfolio holdings or reference assets, or (c) the applicability of Exchange rules and surveillance procedures shall constitute continued listing requirements for listing the Shares on the Exchange. In addition, the issuer has represented to the Exchange that it will advise the Exchange of any failure by the Funds to comply with the continued listing requirements, and, pursuant to its obligations under Section 19(g)(1) of the Exchange Act, the Exchange will monitor for compliance with the continued listing requirements. If a Fund is not in compliance with the applicable listing requirements, the Exchange will commence delisting procedures under the Nasdaq 5800 Series.33

    33See id. at 34412.

    This approval order is based on all of the Exchange's representations, including those set forth above and in the Notice.

    For the reasons discussed above, the Commission finds that the proposed rule change, as modified by Amendment No. 1, is consistent with the requirements of the Exchange Act.34

    34 The Commission notes that the comment letter, supra note 5, does not raise any specific concerns about whether any aspect of the proposed rule change is inconsistent with the Exchange Act.

    IV. Conclusion

    IT IS THEREFORE ORDERED, pursuant to Section 19(b)(2) of the Exchange Act,35 that the proposed rule change (SR-NASDAQ-2016-071), as modified by Amendment No. 1 thereto, be, and it hereby is, approved.

    35 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.36

    36 17 CFR 200.30-3(a)(12).

    Robert W. Errett, Deputy Secretary.
    [FR Doc. 2016-20573 Filed 8-26-16; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-78653; File No. SR-BatsBZX-2016-30] Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change to BZX Rule 14.11(e)(4), Commodity-Based Trust Shares, To List and Trade Winklevoss Bitcoin Shares Issued by the Winklevoss Bitcoin Trust August 23, 2016.

    On June 30, 2016, Bats BZX Exchange, Inc. (“BZX”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder,2 a proposed rule change to list and trade Winklevoss Bitcoin Shares issued by the Winklevoss Bitcoin Trust under BZX Rule 14.11(e)(4). The proposed rule change was published for comment in the Federal Register on July 14, 2016.3 The Commission has received five comment letters on the proposed rule change.4

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3See Securities Exchange Act Release No. 78262 (Jul. 8, 2016), 81 FR 45554.

    4See Letters from Robert D. Miller, VP Technical Services, RKL eSolutions (Jul. 11, 201